By Jessica Mathews & Jon King / news@whmi.com


While a public hearing has been scheduled on a state permit application for an industrial scrap metal shredder in Howell, a local group says residents need to know that the proposal will still allow the shredder to operate in the open air despite a previous agreement that the company would be "enclosing" it.

In December of 2020, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) approved an air permit for Louis Padnos Iron and Metal, which has a recycling operation at 645 Lucy Road.

EGLE sought public input during a six-week comment period that included an information session and a public hearing. The approved permit to install included changes based on comments from the public requesting verification of emissions and adding testing conditions. There is an emission limit for lead and required testing for lead and hexavalent chrome.

Padnos settled a lawsuit against the City that was filed after the Board of Zoning Appeals denied two variances for the project - one of which would have allowed the company to operate an open-air metal shredder, as opposed to placing it inside an enclosure.

In January, the City issued a press release stating a settlement was reached and Padnos agreed to abide by the City’s regulations that are designed to protect the environment “by enclosing the metal processing machine in a building and paving the site with ordinance approved materials.”

But the group Protect Livingston mailed out flyers last month alleging various concerns and environmental issues, pointing out that the shredder will not actually be covered, but instead will have an open top. The group was formed by Howell Attorney Don Parker, who asserts the Settlement Agreement does not comply with the City’s zoning ordinance, which requires a fully enclosed building, and the city council “inexplicably agreed to a building with an open top.” \

That position is backed up by a March 3rd affidavit from Frank W. Ring, a managing member of CJF Associates, LLC. The firm reviewed the plans for the shredder on behalf of Livingston County Catholic Charities, whose facility is in proximity to Padnos and opposes the project. Ring states that by maintaining an open enclosure, "rainwater will come into direct contact with the shredder, and all of the dirt, dust, metal, lead, PCBs, PFAs, cadmium, oil, etc, from the material processed by the shredder. This contaminated water will be washed away with the rainwater or stormwater and possibly flow into the nearby wetland and eventually into the local groundwater." His affidavit is attached below.

Although the air permit was approved, Padnos must still apply for and obtain any other necessary permits and permissions before installing and operating any new scrap metal recycling equipment.

A wetland permit is currently being sought to fill approximately .85-acre of emergent wetland to construct the new shredding facility. That includes replacing culverts to widen an access road through wetland and construct a sediment basin. The applicant is proposing to provide compensatory wetland mitigation by purchasing wetland bank credits.

EGLE has scheduled a public hearing on that permit, which will have both in-person and virtual options. The hearing will be held at 6pm on August 12th in the cafeteria at Three Fires Elementary School on Crooked Lake Road.

More information about the approved air permit is available through the provided web link. The noticed for next week's public hearing is also attached below.

Photo - Rendering of proposed shredder enclosure, with open-air top.