(WXYZ) — A Macomb County Circuit Court judge has sided with the State of Michigan in the fight over a new waste incinerator in Warren. The 7 Investigators were the first to reveal Warren was taking the state of Michigan to court over the city’s plans to put in a new incinerator. Warren water department officials argue the new system would destroy PFAS, the cancer-causing forever chemicals known as perfluoroalkyl and polyfluoroalkyl substances.
In a written order, Judge Richard Caretti ruled that the city of Warren did not establish any grounds to overturn the Michigan Department of Environment, Great Lakes and Energy (EGLE)’s decision to deny the city’s place on a funding list for projects.
Warren had applied for state grants to help pay for their $75 million plan to replace their old incinerator with new technology that allegedly destroys 99% of the PFAS in the waste.
EGLE denied the city’s request for a grant and other state money for 2023, saying their Air Quality Division “has concerns” with the proposed Warren Incinerator project because the process is “novel” and more research needs to be done.
The city tried to appeal the state’s decision, arguing they’d already spent $2.7 million designing the incinerator project with cutting-edge technology.
“None of the pollutants of concern that the EPA or the state worries about will even leave our plant property. So it'll be no risk to public,” said Bryan Clor, the Division Head of the Warren Water Recovery Facility.
But when pressed on how he could be certain there’s no risk, Clor could not say for sure there’s zero risk to residents. He maintains the new incineration process will be safer than applying the treated waste to the land, which is what happens now.
“We have not violated the emission regulations that we currently have. And the new emission regulations will be even tougher,” said Clor.
But EGLE told Clor that the U.S. Environmental Protection Agency has indicated that more research is needed to gain a better understanding of PFAS, and has also “indicated [that] of any current destruction and disposal technology, sewage sludge incinerators have the highest level of uncertainty regarding their capacity to manage the migration of PFAS into the environment.”
Judge Caretti agreed with EGLE, saying Warren “did not overcome” EGLE’s concerns.
"I disagree with the judge's decision. No decision has been made on whether or not to appeal," said Warren City Attorney Ethan Vinson.
