Tag: polluter accountability

Over 750 toxic contamination sites in Michigan need immediate action.

Over 750 contamination sites in Michigan need immediate action to address human health exposure risks – but because of limited staff and funding, it will be years before all the sites are dealt with and the risks are controlled.

That’s the result of a classification system the Department of Environment, Great Lakes, and Energy (EGLE), is using to sort the state’s 26,000 contamination sites and determine which should be dealt with first. This is the first attempt by the state in years to assess the relative risks of sites listed under Part 201 of the Natural Resources and Environmental Protection Act, the state’s cleanup law.

The bottom line: Michigan taxpayers will foot the bill for a century of chemical waste mismanagement, and what will end up being a century-long cleanup effort.

When EGLE’s classification initiative began in May 2023, over 60 per cent of locations covered by Part 201 had a ‘Risks Not Determined’ classification. With the help of a contractor, EGLE reduced this number to less than 5 per cent, and that effort continues. This will enable EGLE to focus efforts on the locations with the highest risk.

Merely confirming and creating a plan to deal with the high-risk sites will take over a year. EGLE is creating a unit that will focus on the 750-plus sites that have been classified in the last year as “risk present and immediate” to provide better clarity of the risk and determine whether there is a liable party. EGLE’s goal is to have all of these sites reviewed and either reclassified or put in a prioritization plan the next 18-24 months.

Sites are classified using a form with six categories, ranging from immediate risks to sites where risk is fully controlled.

EGLE estimates that cleaning up all orphan sites will cost taxpayers $13 billion. (Orphan sites are those for which no private party that caused the contamination can be identified or held liable.) Some of the 750-plus immediate risk sites may have liable private parties.

“There’s a staggering number of sites where immediate action is required to protect the public – but doing so would require billions of dollars,” said Liz Kirkwood, executive director of Flow Water Advocates. “First, we’ve got to stop the bleeding by passing Michigan polluter accountability legislation to prevent new contamination. Then we need to provide resources to EGLE to clean up the orphan sites, beginning with those that pose the highest risks.”

Prior to 1995, Michigan law required EGLE’s predecessor to publish an annual list ranking contamination sites according to the risk they posed to public health and the environment. The ranking raised public awareness of sites in their communities, and spurred action by the state. The repeal of Michigan’s polluter pay law that year struck the requirement for the annual list.

The EGLE classification initiative does not rank sites one-by-one, but separates them into clusters, with the sites where immediate action is required posing the greatest risk. To view this cluster, click here.

A related issue of great concern to Flow is the use of “dead zones” to allow polluters and purchasers of contaminated property to limit use of groundwater, essentially writing water that belongs to the public. Together with the Michigan State University Institute of Water Research, Flow published a report in 2024 with recommendations to limit the use of dead zones, also known as institutional controls.

Part 201 Contamination Sites

The Filthy Five: Michigan’s most notorious contamination sites

Out of Michigan’s 24,000 Contaminated Sites, These Are Among the Most Notorious

Once upon a time, Michigan scientifically ranked our thousands of contamination sites by the hazard they represented to public health and the environment. Released annually, the list generated extensive publicity and legislative attention, resulting in significant appropriations for the cleanup of the worst sites.

In 1995, the state eliminated the annual ranking, in large part because the head of the agency resented the publicity and pressure. But while there is no annual ranking and public report, some sites are especially notorious because of both their hazard and their history.

The legacy these corporate polluters have left behind is especially important to consider as the Michigan legislature is likely to consider a package of Polluter Accountability bills later this year. The legislation would hold corporations responsible for cleaning up their own messes – rather than Michigan taxpayers.

Gelman Sciences – Washtenaw County

Source: Detroit Free Press

The Gelman Site is an area of groundwater contamination in Washtenaw County that includes portions of the City of Ann Arbor, and Scio Township. The groundwater is contaminated with the industrial solvent 1,4-dioxane (dioxane). The contamination plume encompasses a total area approximately 1 mile wide and 4 miles long. From 1966 until 1986, Gelman Sciences, Inc. manufactured medical filters using dioxane in the manufacturing process. In 1985, dioxane was discovered in residential drinking water wells in the area. Almost four decades later, the liable party and the state continue to haggle, with additional involvement by the County Court, local government, and active community members.

Packaging Corporation of America – Filer City (near Manistee)

Source: epa.gov

In 1949, Packaging Corporation of America switched to a new cooking process at this pulp mill, which produced much more contaminated wastewater. Waste from the cooking process depleted oxygen in Manistee Lake and resulted in a massive fish kill. From 1951 to 1976, the plant pumped seven billion gallons of wastewater resulting from use of a black pulping liquor into eight unlined seepage lagoons on 105 acres of land, resulting in an extensive plume of groundwater contamination. The plume initially flows under 1.5 square miles of industrially zoned land east of Manistee Lake.

Despite state studies confirming a discharge of at least a portion of the groundwater plume to the lake, and a high level of aquatic toxicity in the venting groundwater, U.S. EPA officially found no current or potential unacceptable risk to human health and the environment. The company is no longer being required to do more than monitor the plume.

Upper Peninsula Stamp Sands – Hubbell (in Houghton area)

Photo: Michigan Tech Archives

Copper mining activities in the area from the 1890s until 1969 produced mill tailings that were deposited along the Torch Lake shoreline. About 200 million tons of copper mill tailings were dumped into the lake. Stamp sands, tailings, and slags were deposited in the vicinity of former copper smelters, stamp mills, leach plants, reclamation plants and power plants. Extensive cleanup has taken place, but much more remains to be done.

Ott/Story/Cordova – Muskegon County

The Ott/Story/Cordova Superfund site has extensive soil and groundwater contamination resulting from waste disposal and chemical manufacturing practices in the 1950s through the 1980s. A pumping system extracts the contaminated groundwater, which is then treated and discharged to local surface waters. Court rulings have essentially created an obligation for the state (meaning taxpayers) to fund groundwater treatment and operations maintenance essentially in perpetuity –to the tune of millions of dollars per year.

Wickes Corporation – Mancelona

In 1986 Wickes disclosed that toxic Trichloroethylene (TCE) had been used at the site by a previous (and by then bankrupt) owner, Mt. Clemens Metal Products. EPA conducted groundwater testing and discovered extensive TCE contamination in groundwater and drinking water. It is now known that 13 trillion gallons of groundwater are contaminated by the use of chemicals at the site (by comparison, Grand Traverse Bay contains approximately 9 trillion gallons). This contamination has spread six miles to the northwest, affecting private drinking water wells. The state decided, in order to conserve limited public remediation funds, to support the development of a local drinking water authority and connecting homes to municipal water, rather than treat the contaminated water. Because of the ever-spreading groundwater plume, this “solution” has cost taxpayers over $27 million.

Policy Brief: Polluter Accountability in Michigan

Download the policy brief: Polluter Accountability (PDF)

The repeal of the Polluter Pay law has cost Michigan taxpayers over $1.5 billion over the past 25 years1. Polluters have walked away from more than 3,000 contaminated sites with groundwater and soil too polluted to use, leaving taxpayers on the hook for billions more.

The rollback has compromised the health and safety of Michigan residents, and put an unjustifiable financial burden on taxpayers who are forced to bear the cost of cleaning up the messes created by corporate polluters. Common sense reforms to bring back polluter accountability will enable Michigan to chart a sustainable future and help communities and businesses thrive. The people of Michigan deserve accountability and justice for the harm caused by blatant polluters, and an end to this flagrant disregard for groundwater and human health. Download our policy brief above, and also see FLOW’s report, Making Polluters Pay, for a more detailed history.


1Fiscal Year 2020 State Environmental Cleanup Programs Report, EGLE (2021), https://www.michigan.gov/egle/-/media/Project/Websites/egle/Documents/Reports/Boilerplate/Report-FY2020-Consolidated.pdf