Michigan AG Filed Lawsuit against Landfill Operator Over Air Quality Violations

OCTOBER 23, 2020

On October 23, 2020, Michigan Attorney General Dana Nessel filed a lawsuit against the operator of the Arbor Hills Landfill in Salem Township, MI, over violations of the Clean Air Act and state’s Natural Resources and Environmental Protection Act. Specifically, the lawsuit alleged that, among other violations, the operator failed to comply with the Clean Air Act’s New Source Performance Standards for Municipal Solid Waste Landfills, and “created a public nuisance by emitting foul odors from the Arbor Hills landfill that unreasonably interferes with the public’s right to use their property.”

On March 10, 2022, AG Nessel announced that a settlement agreement had been reached with the owner and operator of the landfill. The settlement resolved claims regarding inadequate control of gas from the landfill and improper management of liquid waste. The owner and operater was required to pay $2.3 million to update its operations, comply with regular inspections, provide households with a free service to safely discard hazardous waste, and pay a civil fine.