Disclaimers:
All Allegations put forth are opinions based on the evidence provided in good faith.

The contents of this page and all links are shared under the provisions and protections of the
Michigans Whistleblower Protection Act PA 469.

The intent here is to  protect human health and the environment in the manner expected by Michigan Statute, Federal Statute, State and Federal Court Ordered Consent Decrees with BASF, Administrative Orders on Consent with BASF, and most of all, the Public Trust in State and Federal  Agencies to uphold the above, not turn a blind eye or "work together on the problem" for 40+ years.

Additional FOIA materials and in depth assessment can be found at:
                      https://sites.google.com/view/foias-basf-dtr/home

The following form link has been submitted to the State of Michigan AGs office.
https://secure.ag.state.mi.us/complaints/net-crimes.aspx

Screenshots of the form, and text of the Submittal are below:

Under Michigan's Constitution, and as entrusted by Act 451, the Department of Environment, Great Lakes, and Energy is ultimately responsible for the protection of Michigan's Great Lakes waters, not a facility, not USEPA.

On October 31, 2023, under the auspices of the Michigan Whistleblowers Protection Act 469,  I submitted Form 9107  to EGLE Law Enforcement Division (LED), Environmental Investigation Section (EIS).  Presented was irrefutable significant criminal and felonious evidence of water quality violations from BASF Corporation into the Detroit River and the Critical Assessment Zone (CAZ)of the Wyandotte Public Intake. LINK1

(USEPA FRS ID: 110000494019, USEPA RCRA ID: MID06417742)     

After several emails to Section Supervisor Vence Woods, EGLE LED-EIS repeatedly refused to grant a case number to my complaint.  After my continued emails, In May of 2024, Vence Woods agreed to a meeting in person, with Officer Dan Kennedy in attendance as witness. Over the course of an hour I explained not only that BASF was violating Water Quality Standards (WQS) in a Great Lakes Waterway protected for drinking (Part 31), that Safe Drinking Water Act (SDWA) criteria was being violated in a CAZ against EGLE CAZ policy (WRD-053).  Also that the BASFs venting release was TOXIC (above Final Acute Values) as well as a Part 111 - RCRA Hazardous WASTE criteria.  Finally I presented that a Court Order entered by the State of Michigan and BASF from 1985 was also being grossly violated (83-CV-4712-DT).  In my submittal I pointed out that under Michigan statutes, "known"  Toxic and Hazardous Waste Releases to the Great Lakes and especially into a Critical Assessment Zone protecting a Water Intake, were FELONY violations under Michigan Law.  He and Officer Kennedy did not disagree with this assessment.   I also pointed out the known violations of a Court Order was a FELONY.  Neither Vence Woods nor Dan Kennedy disagreed with this point as well.  

Vence Woods' reply to me at the meeting was that, "after talking to a few people", stating that his hands were tied from filing a case number and he would not purse any action to stop the BASF felony violations. His reasoning provided was "Entrapment by Estoppel". In the context of BASFs contaminated discharge, because BASF had been in violation for so long without Department action, that EGLE-LED would not enforce the existing Michigan Statutes and Court Order to stop the ongoing violations.     I found this reasoning incredulous, completely inappropriate, and totally a misapplication.   

For a veteran Section Supervisor of EGLEs Law Enforcement Division to use such an excuse to shirk responsibility and not uphold Michigan Environmental Laws and a Court Ordered Consent Decree is a dereliction of duty in my opinion.  I hope the AGs find this "criminal" in itself, to turn a blind eye towards the protection of Michigan's Citizens and Natural Resources because of ongoing current exceedances and violations.  

In follow-up to the May Meeting, in Jun 2024, I wrote a one page letter and handed it, in person, to Law Enforcement Division Director J Haines, at a Natural Resources Committee hearing.  I explained the May meeting, the situation, and handed him my letter. This was my last attempt to get EGLE Law Enforcement Division to uphold  the State Laws it is mandated to

 enforce .    LINK2

I am saddened with the need to seek Environmental Compliance and Enforcement from the AGs office in this complaints manner but am compelled, under the protection of Michigan Whistleblowers Protection Act 469, and after notifying my Unions legal attorney of this submittal, and furthermore in accordance with the AGs public disclosure policy on all submittals being public under FOIA to bring forth the following 

I am filing this public  LAW ENFORCEMENT Criminal Complaint with the AGs office against EGLE Law Enforcement Division and its Management,  LINK3

One year later after filing the 9107 form requesting  Law Enforcement Division  protect Michigan's Great Lakes and Citizens from continuous ongoing contaminated groundwater releases from BASF, estimated by EGLE at  57 gallons per minute of Toxic and Hazardous Waste,

I allege that EGLE Law Enforcement Division (J Haines, as Director, and Vence Woods, as EIS Section Supervisor)  have knowingly aided and abetted BASF Corporations  continued Criminal and Felony water quality violations of Act 451 Part 31, Part 111, Part 201 as well as violations of Michigan's Safe Drinking Water Act protections afforded by WRD-053 Critical Assessment Zone Policy.

I allege EGLE Law Enforcement Division (J Haines, as Director of EGLEs Law Enforcement Division, and Vence Woods, as EIS Section Supervisor), have knowingly allowed the discharge of WASTE into the Great Lakes, and into a protected Critical Assessment Zone of a public intake.  They continue to allow this violation under their management currently.

I allege EGLE Law Enforcement Division (J Haines, as Director of EGLEs Law Enforcement Division, and Vence Woods, as EIS Section Supervisor), have knowingly allowed BASF to violate a Court Ordered Consent Decree entered by BASF with the State of Michigan,  fully aware that such is a felony violation under Michigan Law, and after being presented irrefutable evidence of the violation.

This AG complaint alleges that EGLE Law Enforcement Division, and others in EGLE and USEPA Mgmt positions, may have broken the following State Laws with regards to their knowledge and actions/inaction pertaining to  BASFs Toxic and Hazardous Waste Discharges to the Detroit River and Critical Assessment Zone of Wyandotte Intake.  They have failed to protect Michigan Citizens and allow continued violations to Waters of the State as follows:

Duties of Dept and Offices to Enforce, Protect  MCL 324.1601
Sec. 1601.   The department and any officer appointed by the department shall do all of the following:
  (a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds,
        wild animals, and fish
  (b) Enforce all other laws of this state that pertain to the powers and duties of the department or the commission.
  (c) Bring or cause to be brought or prosecute or cause to be prosecuted actions and proceedings in the name of the people of
this state for the purpose of punishing any person for the violation of statutes or laws described in this section.

Aiding and Abetting - MCL 767.39
Sec. 39.
Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense

Felony Violations  - MCL 324.3115 (2,3,4) - Felony Definition
(2) A person who at the time of the violation knew or should have known that he or she discharged a substance contrary to this part, or contrary to a permit or order issued or rule promulgated under this part, or who intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, or who intentionally renders inaccurate a monitoring device or record required to be maintained by the department, is guilty of a felony and shall be fined not less than $2,500.00 or more than $25,000.00 for each violation.

Department Shall Enforce - MCL 324.3101

Sec. 3103.

  (1) The department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of any person. 

Shall Not Discharge if injurious - MCL 324.3109
Sec. 3109.
  (1) A person shall not directly or indirectly discharge into the waters of the state a substance that is or may become injurious

Permit required to discharge any WASTE - MCL 324.3112 (1)(4)
Sec. 3112.
  (1) A person shall not discharge any waste or waste effluent into the waters of this state unless the person is in possession of a valid permit from the department.

Additional alleged violations and details of MCLs can be found at:
https://sites.google.com/view/foias-basf-dtr/state-laws-broken

--------------------------------------------------------------------------------------------------------------------------------

Validity of Alleged Claims in this AG Submittal.

Every level of EGLE and USEPA management, in writing, has attested to direct knowledge of the ongoing and continued Toxic and Hazardous Waste releases by BASF Corporation into the Detroit River and protected Critical Assessment Zone of the Wyandotte Public Intake, as indicated and cited below. 

Final Thoughts and Opinions.

There is no legitimate excuse for EGLE and USEPA to allow BASFs continued Toxic (above FAV) and Hazardous Waste releases to Public Waters for over 44 years at 57 gallons per minute, 3400 gallons per hour, since the very first State Consent Decree with BASF in 1980 and current management letting it continue while your reading this page;

or why neither EGLE nor EPA has a monitoring program at the statutory Groundwater Surface Water interface (GSI) as required by Act 451-Part 111 and Federal RCRA statute, to uphold the required court ordered Inward Gradient, 

or why both EGLE and EPA moved BASFs point of compliance from the GSI of the Detroit River, out to the offshore Wyandotte Water Intake, knowingly allowing BASF to grossly exceed Water Quality Criteria by orders of magnitude, and that any detections of contaminants at the  intake would be too late to do anything...thats why we have CAZs in the first place!

or why EGLE and EPA have not monitored nor enforced their respective Court Orders signed with BASF for the past 39 and 30 YEARS, to "HALT" said flow of contaminated groundwater to the Detroit River and CAZ of Wyandottes Intake.

but if you want to hear some excuses as to why these violations are ONGOING on their watch.....
the above State and Federal Managers can be contacted for comment at the following sites:

State of Michigan Staff Directory - https://www.state.mi.us/dit/
USEPA - https://cfpub.epa.gov/locator/index.cfm

SOMEONE MAY CARE and DO SOMETHING

 
about EGLE and USEPA allowing BASFs Toxic and Hazardous Waste Releases in the Detroit River....

In addition to the State of Michigan AG Criminal Form submitted above, the following Organizations have been contacted under the provisions of Michigan's Whistle blower Protection Act PA 469 with the above publicly available (thru FOIA) evidence, and this page URL.   Please be considerate if contacting them as they may be seeing this for the first time (October 31, 2024). 
They may do something if this AG complaint fails to accomplish anything in my lifetime or yours or your kids or your grand kids....

Federal Bureau of Investigation  - Detroit Field Office  (313-965-2323,  tips.fbi.gov)

USEPA Office of Inspector General - John Stanley   (773-329-3142,  Stanley.John@epa.gov)

Wayne County Michigan Prosecutors  Office -  (Joe Jansen  313-224-0307,  jjansen@waynecounty.com)

Wyandotte Department of Public Service - (Jon Allen  734-324-4580, dps@wyandottemi.gov)

Riverview City Manager - (Jeff Dobek  734-281-4201, jdobek@cityofriverview.com)

Trenton City Administrator (Holly Nowak  734-675-6500 hnowak@trenton-mi.com)

Grosse Ile Township Manager (Derek Thiel  734-676-4422 ext 228  derekt@grosseile.com

Gibralter City Administrator (Vincent Pastue  734-676-3900  cityadmin@cityofgibraltermi.gov)

Thank you for reading this page and submittal.

While EGLE staff work tirelessly to protect human health and the environment, I allege by the evidence presented, that the lesson of the past have been lost on current management.

REPLY from AG Office (DAN GRANO)  April 28, 2025 -  LINK

Mr. Ostaszewski:

The Criminal Trials division received your whistleblower complaint dated October

31, 2024. After reviewing what you submitted, and conducting our own investigation, we

write to inform you that we do not anticipate seeking criminal charges at this time.

You correctly point out that BASF Wyandotte entered a consent decree with

State of Michigan in 1986. Subsequently, there has been on-going civil and

administrative overview of this site. Many administrative orders both federally through

the EPA and under State jurisdiction through the Michigan Department of

Environmental, Great Lakes, and Energy have been issued. Most recently on March 10,

2025, EGLE ordered BASF Wyandotte to correct issues with water discharge related to

the 1986 consent decree.

As you know, the Attorney General takes violations of our Natural Resources and

Environmental Protection Act very seriously. In fact, she started the Environmental

Crimes Unit to criminally address violations when the facts dictate a crime has occurred.

The unit regularly holds those who violate our environmental laws criminally liable when

we can prove a crime.

As I previously mentioned, there has in fact been on-going administrative/civil

efforts back and forth to remediate any environmental issues in this matter.

Thankfully, no recent testing has shown any danger to the water intake for the city of Wyandotte.

Any potential crime would carry a statute of limitation of six years. There is no evidence

that we found that points to criminality here. The on-going administrative framework in

this particular case negates the necessary Mens Rea elements in any potential crime.

Ostaszewski Complaint

Page 2

March 31, 2025

Furthermore, we do not find any wrongdoing in the EGLE law enforcement actions in

this case. Their assessment seems to be correct.

Therefore, we are closing your complaint. This decision should not be

interpreted as a finding that we either approve of what occurred, nor approve of the

conditions which led to your complaint. Nor will this decision preclude administrative

remedies, nor future criminal charges if further facts are uncovered. If you have future

complaints, please submit those in writing to this office.