Judge suspends delivery of radioactive soil from New York to Michigan

[September 19, 2024]  By ED WHITE

DETROIT (AP) — A judge stopped on Wednesday the delivery of World War II-era radioactive soil from New York to a Michigan landfill, a temporary victory for suburban Detroit communities that don't want the waste.

Wayne County Judge Kevin Cox signed a restraining order two days after a lawsuit was filed by opponents seeking to stop the shipments. He set a hearing for Sept. 26.

The U.S. Army Corps of Engineers is managing the removal of low-level radioactive soil from Lewiston, New York, a legacy of the Manhattan Project, the secret government project to develop atomic bombs during World War II featured in the 2023 movie “Oppenheimer.”

Wayne Disposal in Van Buren Township, 25 miles (40 kilometers) west of Detroit, is considered to be the closest licensed facility that can take the hazardous material, according to the Army Corps.

The lawsuit, filed on behalf of Belleville, Romulus, Canton Township and Van Buren Township, came after a tense town hall meeting and claims by elected officials that they were in the dark about the plan.

Anne Marie Graham-Hudak, the elected supervisor in Canton, said there's a school just 500 feet (152 meters) from the landfill. She's pleased with the judge's order.

“If residents in Lewiston, New York, are pushing to get it out, why come to a more populated area?” Graham-Hudak said. “They should encapsulate it where it is. Why are you moving it?”

The lawsuit says the public won't tolerate Wayne County “being the nation's dumping ground of choice” for hazardous materials.

Area fire officials do not have a strategy or equipment to respond if problems occur at the landfill, according to the lawsuit.

Critics also want time to weigh in on whether Republic Services, which operates the site, should be granted a new state operating license.

The Phoenix-based company noted that the restraining order was issued without a hearing.

“The landfill meets or exceeds all regulations and is designed to safely manage this type of material, which can be generated through a variety of industrial or other processes,” Republic Services said.

WIVB-TV reported in August that contaminated soil — the equivalent of 3,700 king-sized mattresses — was being moved from New York. The TV station posted a photo of an enormous white bag that resembled a burrito, one of many that would make the trip.

Michigan environmental regulators, speaking at a Sept. 4 public meeting, said there was no requirement that the public be informed ahead of time, though the Army Corps has not been silent in New York about the process.

T.R. Wentworth II, manager of Michigan’s Radiological Protection Section, told the Detroit Free Press that the state has no concerns about the materials being a risk to health and safety.

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