"Statewide media outlets have taken note of the 13 NPDES?permit violations and formal compliance actions?MAEDA incurred up through July 2024. By August 6th, MAEDA incurred five more, and EGLE found that none of the previous violations had been remedied. Over the summer to date, there have been a minimum of?four documented instances where sediment-laden stormwater unlawfully exited MAEDA’s construction site, traveled over 303 designated wetlands, and entered the Kalamazoo River.
Dating back to fall of 2023, MAEDA (and its network of at least five contractors) has demonstrated a consistent pattern of:
- failure to provide a timeline for site stabilization (first noted October 2023)
- failure to properly document on-site progress in weekly logs (first noted October 2023)
- providing inadequate SESC plans (first noted November 2023)
- failure to follow, properly implement, and maintain existing SESC plans (first noted June 2024)
Yet since fall of 2023, EGLE has renewed MAEDA’s NPDES permits three times–in some cases directly after violations have occurred (see attached timeline for detail).
More urgently: it’s clear that further regulatory protections are necessary to mitigate damage to adjacent wetlands and streams. In January 2024, EGLE determined that no Part 301 and 303 permits would be required because MAEDA’s stormwater management plan is?to capture and infiltrate all runoff from up to the 100-year storm, in both temporary and permanent stabilized conditions. However, in the minimum of four instances of polluted stormwater leaving the MAJOR site and entering the Kalamazoo River, the stormwater traveled through wetlands, as noted in four on-site inspections conducted by EGLE’s local quality analysis team.
It’s clear that the plan MAEDA and its contractors have designed to capture and infiltrate all runoff is not feasible. Given both the apparent inadequacy of the site plan and the pattern of noncompliance demonstrated by MAEDA’s team, it’s extremely likely that unfiltered stormwater will continue to contaminate these protected bodies of water."