Citizens express concern over proposed rezoning request at public hearing

By Bruce Rolfe

A public hearing June 17 before the Charleston Township Planning Commission unanimously (one member was absent) recommended a rezoning request be considered by the Charleston Township Board, brought considerable concern from many in the audience of approximately 30 people.

Clean Streams, LLC submitted an application to rezone 2 parcels of land totalling approximately 201.66 acres in Charleston Township from the existing R-1 Single Family Rural Residential District to I-1 Light Industrial District. 

Clean Streams LLC proposes to build an Industrial Treatment Facility at 2042 S. 40th Street.

The two parcels of land, located where the now closed landfill is on 40th Street and currently owned by Georgia Pacific, sits south of L Avenue and extends south to ML Avenue.

The application that was submitted to Charleston Township is listed for a Centralized Waste Treatment Facility and notes the facility will potentially employ 15-20 people.

The recommendation by the Planning Commission to rezone the 2 parcels will go to the Charleston Township Board to consider July 22 at 4 p.m.

Charleston Township Supervisor Jerry Vander Roest said the township board could refer the rezoning recommendation back to the Planning Commission for revisions; the township board could approve the rezoning recommendation and move ahead to the next step which is the site plan review; or deny the rezoning recommendation.

 Steve Taplin, owner of Clean Streams, LLC, said his company provides a variety of industrial services and environmental remediation services working side by side with the EPA on cleanup sites.

However another part of the business transports non-hazarderous liquid waste to various disposal facilities.

“We want to internalize that and build our own plant. Part of that is also the issue of PFAs. We have adopted in very high end treatments, to treat PFAs. And that’s what we want to do, is have a facility that brings in non-hazardous liquid industrial waste,” explained Taplin, who said the non-hazardous waste will be coming from primarily Southwest Michigan.

He said some companies produce material that is not a liquid or a solid that would be placed in concrete pits lined with steel and solidified material is discharged into and taken to another landfill.

Taplin said his company projects to use approximately 20 acres of the land, however because Georgia Pacific isn’t going to sell the property in sections, he’s proposing to purchase the entire piece of property.

He said the building will be placed on six or seven acres in the northeast corner of the property, but with entrance and exit roads, approximately 20 acres would be needed.

“We are not reopening this landfill. Where we want to work from, we will be on top of it. We’re not going to disturb that. We will be responsible for maintaining that. We will take over Georgia Pacific’s role with the surety bonds and everything else that is required,” explained Taplin.

Vander Roest said paper waste products were placed in the landfill, which was closed in 2006 when the two cells were capped.

Planning Commission member Brian Moravek said the landfill was used approximately 10 years. Taplin said approximately 35 acres was used as a landfill.

Planning Commission Chairman Tim Vosburg points out the zoning change aligns with the Township’s Master Plan usage map the Planning Commission approved in 2023, to rezone the property from R-1 to I-1

Vosburg adds the public hearing was to consider the rezoning request, not about what is proposed to be put at the location. 

Bert Gale, Zoning Administrator and Building Code Inspector for Charleston Township, said even with the property rezoned, Clean Streams will have to submit a site plan the Planning Commission will consider. He adds  concerns about the proposed use at the facility can be discussed during the site plan review process by the Planning Commission and Township Board.

Gale adds there also could be conditions put on a site plan.

Knowing the landfill next to the proposed facility holds PFAs, many residents in the audience had concerns of potential water contamination.

“That land that you’re talking about holds contaminated material and we all have wells. Any of that gets disturbed and starts to move, what are you going to do? There is no way you’re going to be able to afford to put in a water system. I think it’s the most dangerous plan that I’ve heard,” said Ann Nieuwenhuis, the former MSU Extension Director in Kalamazoo County who owns 54 acres, many of it wetlands, near the property Clean Streams would like to purchase.

One member of the audience read a letter with concerns of landfill maintenance, public service strain, noise control and infrastructure maintenance.

There were also concerns of what may happen if the company leaves the property or closes and contamination is present. However Taplin said state and federal laws protect communities for clean up costs.

Taplin said his company has been discussing having the type of facility he would like to build in Charleston Township for three years.

Taplin said there are various forms of treatment performed by his company. He said some materials that are solidified go into a landfill. Another process involves running solids through a filter presser, the solids are taken to a landfill, but the water goes down the sewer and ultimately lands at a water treatment facility.

Vander Roest said the State Tax Commission received a Water Pollution Control exemption application from Clean Streams, LLC for a tax exemption on the building and equipment.
Taplin said he’s taking advantage of tax exemption options that are available through the State of Michigan where any equipment he purchases for the business will be tax exempt.
“I asked for it because it’s legal and part of the law. Why wouldn’t I?” asked Taplin.

Charleston Township had 21 days to respond to the tax exemption.

The tax exemption request brought concern to the township board.

In an opinion response to the State of Michigan Treasury Department, the Charleston Township Board had five areas of concern for the tax exemption.

 • The township’s letter points out the property is currently zoned R-1 single family. The proposed use is not permitted in that zoning district. The application should not be accepted or acted upon since the use is not permitted to occur on the property.

• The township letter signed by Vander Roest adds there are significant environmental concerns. The proposed operation is a potential threat to the two wells (type 1) public drinking water system  which is covered under the township’s Wellhead Protection Ordinance. The Township Board letter adds an exemption to bring PFAS or other contaminates onto the property should not occur.

• The Township claims the exemption would create a financial hardship for the Township, noting the township has over 45 percent tax exempt properties already.

• The Township Board’s response letter to the State Department of Treasury adds the business is a “for-profit” type of business. The Township letter adds the township provides fire protection to the property when the exemption relieves the business from paying local millage for public safety.

• The Township Board letter also points out customers at the proposed facility will most likely come from the Battle Creek and Kalamazoo area but without any help to the host township.

Taplin said the proposed facility he would like to build in Charleston Township would be his first, however his company has assisted with treating waste regularly. He said his company treated  40-50 million gallons of water that were contaminated with PCBs and PFAs at Allied Paper Mill.

While there were concerns for the environment, one man in the audience pointed out since Clean Stream does clean up PFAs, the facility may be beneficial to the environment.
Taplin said his company will not tamper with the ground on top of the landfill. He said he would like to build the facility on the north end of the property.

Taplin said while there’s PFAs contamination in the water in the landfill, wells around the landfill confirm there is no PFAs contamination that has been released into the environment around the landfill.

The business owner said all the work performed at the facility will be done inside. Taplin said for extra precaution, he plans to have a liner installed under the building, with monitoring.

“If anything did come through a crack in the concrete floor, we’re going to detect it. Not only detect it, deal with it because we will have piping to pull it out,” said Taplin, who said only non-hazardous waste will be transported to the facility.

The Clean Stream LLC owner said as a safeguard, material removed from a site is first sampled to determine what is in the material to determine if the material fits what his company can accept, He said once the material arrives at the proposed facility, another sample is taken to verify the material matches up with the initial test.

 Taplin said if the rezoning and site plan is approved by the Township Board he estimated  the new facility could be operational by next May.

Moravek said if the township board approved the rezoning request, then the planning commission could start to review a site plan as early as August. He adds site plan revisions are common and may be requested which could extend the process.

While Taplin said approximately 20 acres will be used for the Clean Stream facility, one man in the audience feared with the entire 201 acres already rezoned, the door is open for other businesses to locate there and potentially disturb any contamination in the ground.

“I’m not opposed to progress, but it scares me that we could be messing with something we don’t want to open up. You can’t tell me, and no one probably can, what dangers really lie on the other 180 acres of that chunk of property that you’re talking about rezoning and opening up to a lot of different possibilities,” said the man in the audience.

Planning Commission member Sue Balkema said any other future projects for the remaining 180 acres would also have to have a site plan and be approved by the planning commission and township board, which could be turned down.

“If you decide that you’re going to do this, and then something catastrophic happens, who’s going to pay for it? I have a 54-acre farm. I have grandchildren who want to be able to be there, and live there and be part of the community. But they won’t be able to if the water is contaminated and the township can’t afford to put water in. I just don’t understand why you are considering the risk,” adds Nieuwenhuis.

When the land use plan was approved in 2023, the township had not enlisted in a wellhead protection program. Part of the property Taplin proposes to build the facility is within the wellhead protection area. Moravek said he isn’t certain the Planning Commission would have recommended the current Land Use Plan if the Planning Commission would have had a wellhead protection area, which was established last fall. 

Under a wellhead protection plan certain types of businesses can not be constructed within a certain distance from a well.

Taplin said he has agreed to all the purchase terms from Georgia Pacific and the project is contingent upon the township board’s approval to both the rezoning and site plan.

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