April 14, 2004

Director Steven E. Chester today announced that the Department of Attorney General, on behalf of the Department of Environmental Quality, has filed a civil lawsuit against Michigan Waste Services, LLC (MWS) of Hamtramck, Michigan. The complaint filed on April 14, 2004 asserts that the medical waste incinerator and autoclave owned by MWS have failed to meet mercury control efficiency and emission limits; and failed to properly monitor the required operating parameters, keep required records, and provide Air Quality Division staff access to the records during site inspections.

On February 4, 2003, the DEQ sent a letter of violation to MWS listing numerous violations of their Permit To Install No. 973-91A, and violations of their existing administrative consent order. Violations from this facility have included the following:

• MWS installed and operated an autoclave, resulting in additional emission of
  mercury, without first applying for and obtaining a Permit To Install from the
  DEQ’s Air Quality Division, as required.

• An October 2002 stack test demonstrated that MWS exceeded their
  mercury emissions control rate limit. Mercury from their process was tested
  at an average emission rate of 33.1 ug/dscm, well above the 3.0 ug/dscm
  limit authorized under their Permit To Install.

• From October 2001 through December 2001, MWS failed to properly
  monitor and record carbon monoxide, oxygen, and visible emissions from
  the incinerator as required by their Permit To Install.

• During several site inspections, MWS was unable to produce records
  required to be maintained at the facility pursuant to the Mercury Waste
  Management Plan on.

“The actions we have taken today are the result of MWS being unwilling to comply with established environmental standards,” said DEQ Director Chester. “The DEQ has an affirmative obligation to the people of Michigan to enforce those environmental standards and to ensure that human health and the environment are not being put at risk.”

The lawsuit requests the court to order MWS to comply with the applicable requirements of state law controlling air pollution from its waste disposal facility in Hamtramck. In addition, the complaint seeks civil fines, attorney fees, and reimbursement of any additional costs.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised April 14, 2004 by Pat Watson