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Sewage dispute between Oakland and Macomb continues as lawmakers pressure EGLE over water quality concerns

More St. Clair | Susan J. Demas

State lawmakers from Macomb and Oakland counties are pressuring the Department of Environment Great Lakes and Environment (EGLE) for action amid an ongoing dispute between the two counties over water quality.

In a letter emailed Tuesday to EGLE Director Phil Roos, state Reps. Mike Harris (R-Waterford), Donni Steele (R-Orion Twp.), Mark Tisdel (R-Rochester Hills), Tom Kuhn (R- Troy), Doug Wozniak (R-Shelby Twp.), Joseph Aragona (R-Clinton Twp.), Alicia St. Germaine (R-Harrison Twp.), Jay DeBoyer (R-Clay Twp.) and Jaime Greene (R- Richmond) are calling for action against alleged violations of the wastewater discharge permit into the George W. Kuhn Retention Treatment Basin.

Wozniak and other Macomb County lawmakers previously joined Macomb County Public Works Commissioner Candice Miller and County Commission Chair Don Brown in calling on EGLE to delay in renewal of Oakland County’s wastewater discharge permit until the province commits to addressing sewage discharges into the Red Run Drain, which flows 210 kilometers through both provinces.

Oakland County operates a combined sewer system in which stormwater and wastewater flow into one pipe, where it is transported to Detroit’s wastewater treatment plant.

However, excessive rainfall and snowmelt can flood combined sewer systems, flushing wastewater and sewage into nearby waterways. While these are flooding can contain both treated and untreated sewageOakland County operates multiple retention treatment basins, including the George W. Kuhn Facility where wastewater is stored, screened and disinfected before being discharged into the Red Run Drain.

In a letter to Roos sent in June, Miller argued that the discharged waste was only partially treated and contributed to problems, including a stench at the Red Run Drain, which forced beach closures and contributed to the growth of large amounts of algae downstream in Lake St. Helder.

22-10-2024-DEGLE meeting letter

Miller also pointed to multiple incidents as examples of permit violations, including the discovery of sanitary pads hanging in bushes along the Red Run Drain in March 2020 following a flood in January of the same year. She also cited another spill in August 2023, where a spill left areas littered with sewage wipes, rubber gloves and condoms. Miller also pointed to incidents in May and June 2024 in which the George W. Kuhn facility allegedly discharged wastewater with levels of E. Coli bacteria far above what the permit allows.

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In an email to the Advance in August, EGLE spokesman Hugh McDiarmid Jr. said. that the George W. Kuhn Facility complied with all federal and state regulations regarding the discharge of treated combined sewer overflows.

The facility’s wastewater discharge permit expired on Oct. 1, 2023, but has been extended while the reissued permit is prepared, McDiarmid said, noting that while the permit allows the discharge of treated combined sewer overflows, it does not permit the discharge. of untreated overflows.

According to a report on the most recent discharge from the George W. Kuhn facility, included in EGLE’s list of overflows, there are no untreated discharges associated with the facility.

EGLE will also determine whether additional steps should be included in the draft of the reissued permit, McDiarmid previously told the Advance.

Although the lawmakers’ letter stated that EGLE staff had presented “possible solutions” to the George W. Kuhn facility’s National Pollution Discharge Elimination System permit at a meeting, they argued that these solutions did not go far enough went into preventing combined sewer overflow discharges from Oakland County.

When asked what these proposed solutions would entail, McDiarmid declined to share specifics, saying details could change as permitting approaches.

Last week, EGLE spokesman Jeff Johnston told the Advance in an email that the department had received the letter from lawmakers and would review it in detail.

The current permit remains in effect and is currently under review as part of the normal permit update process. The draft will be released for public review and input in the coming months, Johnston said.

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As EGLE continues to outline an updated permit, officials continue to butt heads over the outflow from the Oakland County facility, with St. Germaine filing a bill – House Bill 5918 – creating a penalty of $5 million or 20 cents per gallon, whichever is greater, for counties that discharge waste, wastewater, untreated or partially treated sewage in violation of permit limits or if it impacts a river basin in a neighboring province.

St. Germain has also introduced a bill:House Bill 5917 — Require counties applying for a permit to discharge waste into state waters to obtain permission from a neighboring county as part of the permitting process if the neighboring county would be affected. If they do not receive permission, EGLE must refuse the permit.

“I worked closely on that compromise bill with Macomb County Public Works Commissioner Candice Miller, and I’m proud to say I also organized a large group of Republican legislators – including some from Oakland County – as co-sponsors. compromise bill”, St. Germaine said in a statement.

“My preference is to collaborate. But the criminal law is the hammer if Oakland County rejects the compromise plan,” St. Germaine said.

In September, Oakland County Water Commissioner Jim Nash and Oakland County Board Chairman David T. Woodward held a press conference opposing allegations that they had negatively affected water quality in Macomb County.

“We operate the GWK facility under strict environmental permits, with staff on site 24/7 during heavy rains to ensure compliance,” said Commissioner Nash said in a statement. “Our facility follows all relevant laws, including the Clean Water Act, and we work closely with EGLE to ensure we meet or exceed standards. The water leaving this facility is fully treated after being screened, settled and disinfected with chlorine.”

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Nash and Woodward also opposed St. Germaine’s proposals, saying they could cost residents billions of dollars in fines, subject operators to jail time and allow local elected officials to overturn the National Pollutant Discharge Elimination System ( NPDES) permits from neighboring communities without proven benefit. to water quality.

In addition, Nash argued that there was no connection between the activities in the Oakland County retention basin, instead pointing to animal waste and fertilizer runoff as the cause of beach closures and algae growth on Lake St. Clair.

2024-06-18 EGLE Letter – GWK violation letter to Phil Roos (1)

The United States Army Corps. of engineers started a two-year investigation with Macomb County in 2023 to determine the source of the algae mats and what conditions they might bloom in, in an effort to develop a plan to manage them.

Macomb County officials have pushed back against Nash’s argument, arguing that the process of skimming, settling and applying bleach to waste used in retention ponds is less extensive than the processes used by entire wastewater treatment plants such as those in Detroit.

The Oakland County Water Resources Department did not respond to an advance request from Michigan for an interview.

In an emailed statement, Miller expressed her gratitude for the lawmakers’ letter to EGLE.
“Allow [combined sewer overflows] Continuing to pollute our waterways is a very outdated idea and Michigan, like the Great Lakes State, should certainly not allow it. There is nothing partisan about protecting water quality, so I am very grateful for the sincere and serious concerns of the legislators who sent this letter to the Director of EGLE, and I am hopeful that this will lead to significant changes to improve our protect waterways for the current and future situation. generations,” Miller said.

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