Embedded Files
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45 Years of Promises Broken by EGLE, EPA, and BASF
(all documents released under FOIA)
1980 Consent Order in State Court Between the State of Michigan and BASF
1985-1986 Consent Decree in Federal Court between the State of Michigan and BASF (Halt flow by Dec 31, 1986 pg 15)
1994 Administrative Order on Consent between the USEPA and BASF
2000 BASF Corrective Measures Implementation Study
2003 State of Michigan AG letter to BASF - no Inward Gradient Demonstration
2010 USEPA Imminent and Substantial Endangerment - BASF Sediments
2018 USEPA Jose Cisneros on 90 days to GW Corrective Action Plan
2021 USEPA Shilpa Patel on Drinking Water Violations and BASF Construction Timetable by 2022
2021 USEPA Molly Finn on BASF Construction Timetable by 2023
2022 Congresswoman Debbie Dingells call for expedited enforcement
2023 USEPA Scott Ireland on BASF Construction after August 2025
2023 EGLE Director Phil Roos on BASF Remedy - As Soon As Possible
2022 BASF 30% Design Construction Date Start-Finish 11/29/24 to 7/4/25 (see Page 385)
2023 USEPA Public Mtg slide on Construction Date (construction "could begin" Feb 2027
2024 BASF 60% Design Construction Date Start-Finish 6/7/2027 to 10/15/29 Start Up Complete 6/24/2030 Appendix Q
2025 EGLE Alexandra Clark "Violation of Consent Order " Letter to BASF - w No Compliance Date
2025_05_08 BASF Reply to Violation of the 1985/86 State of Michigan Consent Decree
NEW- 2025_07_07 EGLE Notice of Inadequacy to BASF, under the 1985/86 State of Michigan Consent Decree
TIMELINE of compliance date failures (excerpts from list above):
Excerpts above show BASFs Timeline for Toxic and Haz Waste Release Compliance under EGLE and EPA Oversight
has run from from:
Dec 31, 1986 (Court Ordered Consent Decree) to June 24, 2030 (BASF 60% Design),
to NO COMPLIANCE DATE cited (2025_03_10 EGLE Alexandra Clark Letter to BASF)
2025_03_10 EGLE Violation Letter to BASF
LINK - EGLE-MMD 2025_03_10 Alexandra Clark Letter LINK
March 10, 2025
VIA CERTIFIED MAIL/RETURN RECEIPT AND EMAIL
Michael Gerdenich, Senior Remediation Specialist
BASF Wyandotte Corporation
1609 Biddle Avenue
Wyandotte, Michigan 48192-3729
Dear Michael Gerdenich:
SUBJECT: Request for Modification of Remedial System Operation; BASF Wyandotte
Corporation, North Works; Site Identification Number MID 064 197 742;
Waste Data System Number 396744
Staff of the Department of Environment, Great Lakes, and Energy (EGLE), Materials
Management Division (MMD), has reviewed data related to the operation of the North
Works Well Field remedial system required by the January 6, 1986, Consent Decree
between the State of Michigan and BASF Wyandotte Corporation (BASF), entered in
Kelley et al. v BASF Wyandotte Corporation, U.S. District Court for the Eastern District
of Michigan, Southern Division, File No. 83-CV-4712-DT, as amended on September 4,
1986 (Consent Decree). As a result of the review, the MMD has determined that BASF
is not in compliance with the requirements of the Consent Decree. This serves as a
written request pursuant to the Consent Decree Section VI, Subsection B,
Discontinuance of Operation of Remedial Action Program. Section VI, Subsection B,
provides that before the operation of any remedial system is discontinued, EGLE may
request that such system be modified, relocated or continued when necessary to protect
the public health, welfare or the environment.
Appendix B, Sections A and D of the Consent Decree require BASF to operate a
remedial system at North Works to control the migration of contaminated groundwater in
locations identified as A, B, and C, and in accordance with the Basis of Design dated
June 30, 1986. Appendix B, Section A requires that the number of wells and rate of
withdrawal from each location be at all times sufficient to halt the flow of contaminated
groundwater to the Detroit River and the City of Wyandotte sewer system by
maintaining a hydraulic gradient toward the extraction wells. The Basis of Design states
a design flow rate of 10 - 90 gallons per minute (gpm). Locations A, B, and C and the
groundwater gradients expected to be achieved by operation of the system are depicted
in Appendix B, Exhibits I, II, and III, of the Consent Decree.
Records provided to the MMD by the Downriver Utility Wastewater Authority (DUWA),
in September 2023, indicated that BASF reported flow at Sampling Point Outfall 007,
North Works Groundwater Pump and Treat System Effluent of DUWA Permit
No. D-11311, of less than 10 gpm from 2019 through the 2nd quarter of 2023, with flows
ranging from 0.01 to 1.4 gpm. On January 31, 2024, EGLE, MMD issued a letter titled
Remedial System Operation, BASF Corporation, North Works; MID 064 197 742; Waste
Data System Number 396744, to BASF requesting performance metrics for the
remedial system. BASF submitted an email response with the requested information on
February 29, 2024 (Response). The MMD reviewed the Response and additional
information, as described below. The information provided by DUWA and in the
Response prompted EGLE to conduct a site visit on July 23, 2024, to inspect the
system. EGLE toured the site and viewed the system with BASF personnel and
confirmed the flow rates submitted from DUWA, observing an overall system flow rate of
1.47 gpm (Photo 1, enclosed).
Since the flow rate of the remedial system was confirmed to be below the 10 – 90 gpm
stated in the Basis of Design, MMD then conducted a comparative analysis of the
groundwater contours displayed in Appendix B, Exhibits I, II, and III, of the Consent
Decree, with three data sets of groundwater elevation data from 2019, 2021, and 2024
The MMD generated groundwater contour maps with these three data sets via Kriging
(Gaussian process regression) modeling and they are displayed on Figure 1, which is
enclosed. All three generated groundwater contour maps show a consistent outward
gradient (toward the Detroit River) in Location C and the southeast portion of
Location A. Figure 2, which is enclosed, displays the most recent groundwater contours
from 2024 overlain on the 1986 groundwater contours, from Exhibits I, II, and III, to
show the differences between them. The MMD then re-reviewed the 1996 RCRA
Facility Investigation and found a groundwater contour map showing similar contours as
the 2019, 2021, and 2024 data sets Kriged by MMD (Figure 3, enclosed). All four
groundwater contour maps (1996, 2019, 2021, and 2024) show that the remedial
system is not achieving the inward gradients sufficient to halt the flow of contaminated
water to the Detroit River, as shown in Exhibits I, II, and III of the Consent Decree.
MMD staff virtually met with BASF and Arcadis on October 2, 2024, to discuss concerns
regarding performance of the extraction system. During the meeting, Arcadis indicated
that additional groundwater elevation data was available to help demonstrate system
performance in Location C. On November 7, 2024, Arcadis submitted a document
titled, “Memo – Subject: Wellfield C Evaluation (Memo),” to the MMD that provided
limited elevation data from the extraction wells and nearby piezometers. While a
minimal inward gradient toward the extraction wells is observed, the demonstration is
only for the immediate area between the wells and nearby piezometers and is not
sufficient to demonstrate the prevention of flow to the Detroit River.
Therefore, pursuant to Section VI, Subsection B of the Consent Decree, BASF is
requested to modify the operation of the remedial system by taking all necessary and
appropriate actions to meet the design flows specified in the Basis of Design and halt
the flow of contaminated groundwater to the Detroit River. Further, pursuant to
Section VI, Subsection B, BASF must respond to this request within 60 days of receipt
of this letter. Please include the following information with the response:
1. A description of all steps taken to modify and/or optimize the remedial system to
achieve the required hydraulic gradients.
2. If needed, a schedule for any modifications that will require additional time to
implement.
3. A description and rationale for the existing standard operating procedures and target
flow rates, including historical decisions to increase or decrease rates, inspection
forms, or other pertinent documents that explains the basis of operation of the
remedial system prior to the modifications requested herein.
4. Copies of revised standard operating procedures, employee training materials,
inspection forms, and other pertinent documents that reflect the system
modifications.
To evaluate the effectiveness of the system modifications, BASF must conduct a
minimum of one groundwater level monitoring event in all functional monitoring wells
located within the facility boundary prior to system modifications, and four additional
quarters once modifications are complete. BASF must record the average monthly flow
rates of the system and submit this information to MMD within 30 days following each
monitoring event.
If you have questions or would like to discuss this issue further, please contact
Marc Messina, Geologist, Corrective Action Unit, Hazardous Waste Section, MMD,
at MessinaM@Michigan.gov; 517-219-2394; or EGLE-MMD-HWS@Michigan.gov.
Sincerely,
Alexandra Clark, Manager
Enforcement Section
Materials Management Division
248-752-2740
Enclosures
cc:
Shilpa Patel, United States Environmental Protection Agency, Region 5
Valeria Voisin, United States Environmental Protection Agency, Region 5
Jacelyn Saling, Arcadis
Sydney Hart, Legislative Liaison, EGLE
Elizabeth M. Browne, EGLE
Tracy Kecskemeti, EGL
Kimberly Tyson, EGLE
Elizabeth Garver, EGLE
Marc Messina, EGLE
Christina Hebert, EGLE
Corrective Action File
LINK to full EGLEs Violation Letter to BASF of 2025_03_10 with attachments
2025_05_08 BASF Response to EGLE 2025_03_10 Consent Decree Violation Letter - LINK
I am sending this email on behalf of Michele Barney. Please see the attached letter, which is also being sent to Alexandra Clark via certified mail. Jennifer Cooke Senior Administrative Assistant Phone: 973-245-7685, Email: jennifer.cooke@basf.com Postal Address: BASF Corporation, 100 Park Avenue, New Jersey 07932 Florham Park, USA
Dear Ms. Clark,
We are in receipt of your letter dated March 10, 2025, regarding the request of the State of Michigan Department of Environment, Great Lakes, and Energy Materials Management Division ("MMD") for BASF Corporation ("BASF") to modity the operation of the groundwater remedial system at the BASF North Works site (the "Site"). 1 BASF values its relationship with EGLE and the MMD and appreciates MMD's diligence in ensuring that compliance is being achieved. BASF is committed to working cooperatively with MMD to ensure the Site operates within the terms of the Consent Decree between the State of Michigan and BASF Wyandotte Corporation dated January 6, 1986 (as amended on September 4, 1986) (the "Consent Decree"), as well as all applicable regulatory requirements. However, for the reasons set forth below, BASF respectfully disagrees with MMD's interpretation of the Consent Decree's compliance requirements and objects to MMD's request to modity the remedial system. BASF has been and remains in compliance with the Consent Decree.
The compliance requirements of the Consent Decree are straightforward and explicit. Section V of the Consent Decree requires that BASF implement a remedial program at the Site in accordance with Appendix B to the Consent Decree. Appendix B to the Consent Decree requires BASF to "undertake a remedial program that addresses the movement of groundwater towards the Detroit River ... from Locations A, Band C as shown in Exhibits I through V of this appendix." (Emphasis supplied). More specifically, Section A of Appendix B requires that the groundwater extraction system be installed in Locations A, B, and C and that "{tJhe number of wells and the rate of withdrawalfrom the wells for each location shall be at all times sufficient to halt the flow of contaminated groundwater to the Detroit River ... by maintaining a hydraulic gradient toward the extraction wells." (Emphasis supplied). To measure the gradient, Appendix B requires that a piezometer system be installed, and the water level measured "to demonstrate the creation and maintenance of an inward hydraulic gradient at Locations A, B and c." (Emphasis supplied).
The Consent Decree includes three figures (Exhibits II, III and IV of Appendix B), which show the planned locations of the extraction wells and piezometers in Locations A, B, and C (as selected by BASF and approved by EGLE) and predict the potential groundwater contours once the system became operational. Each ofthe extraction wells and piezometers were installed at the approximate locations shown and have been operated (in the case of the extraction wells) and regularly monitored (in the case of the piezometers) in accordance with the requirements of Sections A and D of Appendix B of the Consent Decree. Moreover, since that time, the quarterly water level measurements obtained from the Site piezometers have consistently demonstrated an inward hydraulic gradient at Locations A and B, and EGLE acknowledged in its March 10, 2025 letter that an inward gradient exists within Location C, as required by Appendix B, and evidenced by the water level measurement data that has been submitted to EGLE since the system became operational.
Although not required by the Consent Decree. to further evidence that an inward gradient has been maintained within the prescribed well fields, BASF's consultant, Arcadis, has generated a series of groundwater contour maps for 2019,2021, and 2024. The Arcadis figures, which are attached hereto as Exhibit 1, further demonstrate an inward gradient at Locations A, B, and C, as is required by the Consent Decree.
MMD's March 10, 2025 letter incorrectly suggests that compliance under the Consent Decree is established by the measurement of the discharge of treated groundwater to site's sanitary sewer system from the carbon adsorption system, and that the system flow rate of 1.4 7 gallon per minute (gpm) observed during the MMD Site visit on July 23, 2024 renders BASF out of compliance since it falls below the "design flow rate of 10-90 gallons per minute (gpm)." As indicated above, the method for determining compliance with the Consent Decree is to demonstrate an inward hydraulic gradient at Locations A, B, and C using the specified piezometers. The flow rate of 10-90 gpm is a design specification for the operation of the carbon adsorption system; there is no requirement to maintain the entire system within this 10-90 gpm range to demonstrate compliance with the Consent Decree
Section C of Appendix B to the Consent Decree requires that BASF "develop the basis of design of an activated carbon system" to treat groundwater pumped by the extraction weIl system. The June 30, 1986 Basis of Design (the "BOD") (copy attached as Exhibit 2), in turn, provides the design for an adsorption train employing granular activated carbon beds. The design ofthis system includes a specified design flow rate of 10 to 90 GPM. However, that reference describes the flow rate range that would aIlow for the most effective treatment of the contaminants of concern specified in the Consent Decree by the carbon adsorption system. The specified design flow rate (of 10-90 gpm) has no bearing whatsoever on whether the required inward hydraulic gradient has been achieved. Indeed, Sections 2.2 and 2.3 of the BOD describe the adsorption process and detail the "design operating conditions for the adsorption train," which include a specified flow rate of I 0 to 90 GPM, with the upper end of this range representing the maximum amount of flow that the adsorption train could effectively process. Nowhere in the BOD does it state that this optimal flow rate for effective contaminant treatment need be achieved to maintain an inward hydraulic gradient.
MMD's letter also suggests that the groundwater extraction system required by the Consent Decree was intended to halt the flow of all Site groundwater and thereby achieve complete Site-wide control of groundwater flow. However, that is not the case. Complete site-wide groundwater control is neither required nor intended by the Consent Decree. Rather, the Consent Decree is focused on three discrete areas of the Site (Locations A, B, and C), with an objective of preventing the migration of contaminated groundwater in those broad, yet discrete areas from reaching the Detroit River. To achieve this objective, the Consent Decree requires the operation of an extraction weIl system with an inward hydraulic gradient within each of those discrete areas and not on a site-wide basis. As further evidence of the intent of the Consent Decree, Exhibits II, III, and IV of Appendix B to the Consent Decree (which, as your letter notes, are examples of projected groundwater gradients during operation of the system) show that an outward gradient (towards the Detroit River) would exist as one moves beyond the capture zone ofthe extraction weIl system. Thus, it was at all times recognized that the groundwater system at the Site would only halt groundwater migration within specific Locations at the A, B, and C areas, rather than throughout the entire Site. And the Consent Decree expressly anticipates that during operation of the system there would be areas on Site where the hydraulic gradient would be towards the river rather than towards the extraction weIls. As a result, the Site-wide groundwater contour maps attached to your March 10, 2025, letter, the accuracy of which BASF does not concede, are not an appropriate framework against which to evaluate BASF's performance under the Consent Decree.
In light of the above, it is BASF's view that it remains in compliance with the Consent Decree and that there is no need to relocate or modify the remedial system. (See Section VI.C of the Consent Decree).
BASF has demonstrated through its submissions of the hydraulic gradient data over the years and the attached groundwater contour maps (Exhibit 1) that it has maintained an inward hydraulic gradient within Locations A, B, and C, as required by the Consent Decree. As a result, BASF is in compliance with the terms of the Consent Decree.
If you have any questions or would like to discuss this matter further, please let me know. Also, please note that the above is without waiver or admission of any kind, and that BASF reserves all rights and defenses with respect to this matter.
Respectfully,
Michele Barney
Site Director
cc:
Shilpa Patel, USEPA, Region 5
Valeria Voisin, USEPA, Region 5
Jacelyn Sailing, Arcadis
Sydney Hart, Legislative Liaison, EGLE
Elizabeth M. Browne, EGLE
Tracy Kecskemeti, EGLE
Kimberly Tyson, EGLE
Elizabeth Garver, EGLE
Marc Messina, EGLA
Christina Hebert, EGLE
2025_07_07 EGLE Letter to BASF - invoking the 1985 Consent Decree's
Notice of Inadequacy Provision. LINK
July 7, 2025
VIA CERTIFIED MAIL/RETURN RECEIPT AND EMAIL
Michael Gerdenich, Senior Remediation Specialist BASF Corporation
1609 Biddle Avenue Wyandotte, Michigan 48192-3729
Dear Michael Gerdenich:
SUBJECT: Notice of Inadequacy; EGLE Response to May 8, 2025, BASF Letter Regarding EGLE’s March 10, 2025, Request for Modification of Remedial System Operation; BASF Wyandotte Corporation, North Works;
Site Identification Number MID 064 197 742; Waste Data System Number 396744
Staff of the Department of Environment, Great Lakes, and Energy (EGLE), Materials Management Division (MMD), have reviewed the May 8, 2025, response letter (Response) submitted by BASF Wyandotte Corporation (BASF) and have determined the response to be inadequate. This serves as a formal Notice of Inadequacy pursuant to Section VII, Subsection B of the January 6, 1986, Consent Decree between the State of Michigan and BASF, entered in Kelley et al. v BASF Wyandotte Corporation, U.S. District Court for the Eastern District of Michigan, Southern Division, File No. 83-CV4712-DT, as amended on September 4, 1986, (Consent Decree). Section VII, Subsection B, of the Consent Decree states that should EGLE “disapprove or find inadequate any proposed action, or any certification, report, information, or data submitted by BASF under this Consent Decree, it shall provide written notice thereof.” EGLE requires more information related to the arguments and data presented by BASF within the Response and requests a technical meeting between EGLE and BASF to discuss and clarify these items.
EGLE has determined BASF’s Response to be inadequate for the following reasons:
Inappropriate use of Extraction Wells in Groundwater Contouring
The groundwater contour maps provided by BASF in the Response appear to include groundwater elevation data from remediation system extraction wells. Groundwater contours and flow direction maps should not be generated using water levels collected from within the extraction well casing unless calculations have been completed that account for well losses. Well losses can be caused by inadequate development of the well, biofouling/encrustation, and turbulent flow across the well screen. The difference in vertical water column height within the well can vary widely from the true aquifer groundwater elevation in that immediate location based on these losses. For these reasons, it is commonly accepted industry-wide to gauge the influence of extraction wells by using nearby piezometers and not the extraction wells themselves.
BASF stated in the Response that “the quarterly water level measurements obtained from the Site piezometers have consistently demonstrated an inward hydraulic gradient at Locations A and B, and EGLE acknowledged in its March 10, 2025, letter that an inward gradient exists within Location C”. The statement that BASF is referring to within the March 10, 2025, letter from EGLE states that, “[w]hile a minimal inward gradient toward the extraction wells is observed, the demonstration is only for the immediate area between the wells and nearby piezometers and is not sufficient to demonstrate the prevention of flow to the Detroit River”. In this instance, EGLE was comparing the gradient difference as measured from the BASF-supplied data which included measurements from the extraction wells and the nearby piezometers, and which did not demonstrate the prevention of flow to the Detroit River. For the reasons stated above, the measurements from the extraction wells should not be used for groundwater contouring and EGLE does not agree that the site piezometers consistently demonstrate an inward hydraulic gradient.
Unclear Groundwater Contouring Methodology
The groundwater contouring methodology used by BASF to generate the contours provided with the Response is unclear and could not be reproduced by EGLE staff during review. Clarification is needed by BASF regarding the placement of these contours, the exact geographical locations of the piezometers and extraction wells, as well as provision of possible missing data that was used in generating these figures. EGLE staff also noted that water elevations were not measured at numerous piezometers identified in the Consent Decree, which affects the generation of groundwater contours. EGLE staff used the groundwater elevations provided for the locations displayed in each figure provided in the Response and generated contours via Kriging (Gaussian process regression) modeling that greatly differ from BASF’s contouring. EGLE staff also generated additional groundwater contour figures where there were more than two water levels available (excluding the extraction well levels) to determine groundwater flow direction in the well fields. Using this method, EGLE staff generated figures for most of the well fields with the exception of Well Field A (2019-Q1, 2021-Q2), and Well Field C (2019-Q1, 2021-Q2). An outward gradient towards the Detroit River was observed in all of the generated figures where the extraction well water levels were excluded (Attachment A, enclosed).
Inconsistent Demonstration of Inward Gradient
BASF stated that “BASF's consultant, Arcadis, has generated a series of groundwater contour maps for 2019, 2021, and 2024. The Arcadis figures, which are attached hereto as Exhibit 1, further demonstrate an inward gradient at Locations A, B, and C, as is required by the Consent Decree.” EGLE staff reviewed these figures and disagree with the statement due to Figure 6 in the Response demonstrating an outward gradient towards the Detroit River during the Q1 2021 gauging event at Well Field C. As previously stated above, EGLE disagrees with the groundwater contouring information used by BASF to demonstrate inward gradients.
EGLE maintains that BASF is not operating the North Works Well Field remedial system as required by the Consent Decree, and that system modifications are needed. For the reasons stated above, the information provided by BASF is inadequate to show compliance with the Consent Decree.
EGLE requests that BASF meet with EGLE to discuss the technical discrepancies described above within sixty (60) days of receipt of this letter and provide a response to this Notice of Inadequacy, including any additional information, within thirty (30) days after such meeting.
Please contact Marc Messina, PG, Senior Geologist, Corrective Action Unit, Hazardous Waste Section, MMD, at MessinaM@Michigan.gov; 517-219-2394; or EGLE-MMDHWS@Michigan.gov to set up a mutually agreeable date and time to meet with EGLE or if you have questions.
Sincerely,
Alexandra Clark, Manager Enforcement Section Materials Management Division 248-752-2740
Enclosures
cc:
Shilpa Patel, United States Environmental Protection Agency, Region 5
Valeria Voisin, United States Environmental Protection Agency, Region 5
Jacelyn Saling, Arcadis
Sydney Hart, Legislative Liaison,
EGLE Tracy Kecskemeti,
EGLE Kimberly Tyson,
EGLE Elizabeth Garver,
EGLE Marc Messina,
EGLE Christina Hebert,
EGLE Corrective Action File
LINK to full 2025_07_07 EGLE document and attachements
ADDITIONAL Information Below
Dated March 10, 2025 and signed by Alexandra Clark, Manager of the Enforcement Section
of Materials Management Division, EGLE found that BASF was and currently is not in compliance with the requirements of the January 6th, 1986 Consent Decree between the State of Michigan and BASF Wyandotte Corporation (BASF), entered in Kelley et. al. v BASF Wyandotte Corporation, U.S. District Court for the Eastern District of Michigan, File No. 83-CV-4712-DT, as amended on September 4, 1986.
The 2025_03_10 Letter - EGLE-MMD 2025_03_10 Alexandra Clark Letter LINK
"DIRECT QUOTES" from the March 10, 2025 letter to BASF are in "Italics" and may have emphasis
COMMENTS to the pertinent portions of the EGLE March 10, 2025 Letter to BASF, are below Direct Quotes.
---------------------------------------------------------------------------------------------------------------------------------------------------
WHAT DID EGLE "ASK" of BASF in the March 10, 2025 Letter?
SUBJECT: "Request for Modification of Remedial System Operation; BASF Wyandotte Corporation, North Works; Site "
1st Paragraph: "This serves as a written request pursuant to the Consent Decree Section VI, Subsection B, Discontinuance of Operation of Remedial Action Program. Section VI, Subsection B, provides that before the operation of any remedial system is discontinued, EGLE may request that such system be modified, relocated or continued when necessary to protect the public health, welfare or the environment. "
COMMENT:
EGLE MMD FAILED to send this Letter as a Letter of Warning, a Notice of Violation, or as a SIGNIFICANT VIOLATION to BASF.
EGLE only made a "request" of BASF, giving the company much "wiggle room" to delay any actual compliance with the Inward Gradient provisions or violations of current water and drinking water quality standards in a Critical Assessment Zone. (2021 WRD BASF GW Review).
EGLE IS FULLY AWARE YET FAILS TO MENTION that BASF is not only in violation of this Consent Decree extraction provisions, but also in significant felony violation of current statues under Part 111, Part 31, and Part 201 of Act 451, as well as the State and Federal Safe Drinking Water Act. ( 324.3115 (2))
EGLE MMD FAILS EGLEs own Compliance and Enforcement Policy and the procedures and timetables in that Policy.
(EGLEs C&E Policy 2022).
EGLE has Requested a Modification of the Remedial System pursuant to the Consent Decree Section VI, Subsection B, Discontinuance of Operation of Remedial Action Program, but with NO ENFORCEMENT PROVISIONS or COMPLIANCE TIMETABLE THAT NEEDS to be met as in EGLEs Compliance and Enforcement Policy, allowing MMD and BASF to drag this on for years.
FROM EGLE Compliance and Enforcement Policy (above and below)
COMMENT:
EGLE Management and Alexandra Clark received an Enforcement Referral for BASF in November 2021, yet has failed for over 3 years to issue an Enforcement Notice to BASF for continued violations of the 1986 Consent Decree and violations of current Michigan Statutes Part 111, Part 31, Part 201 of Act 451 as well as Michigans Safe Drinking Water Act (Point of Compliance in a Critical Assessment Zone of a Public Intake (EGLE -WRD Policy -053).
WHAT IS BASFs OBLIGATION Under the Court Ordered Consent Decree and the March 10th EGLE Letter?
EGLE Mar 10, 2025 LETTER 2nd Paragraph:
"Appendix B, Section A requires that the number of wells and rate of withdrawal from each location be at all times sufficient to halt the flow of contaminated groundwater to the Detroit River and the City of Wyandotte sewer system by maintaining a hydraulic gradient toward the extraction wells. "
EGLE LETTER 2nd Paragraph:
"The Basis of Design states a design flow rate of 10 - 90 gallons per minute (gpm)."
COMMENT: EGLE is not 100% Correct here, EGLE fails to cite the Consent Decree's Monthly Average.
The Basis of Design also specified that the monthly average of extraction was to be 30 gpm. EGLE did not include this Consent Decree Monthly Average in their letter to BASF.
COMMENT:
EGLE failed to adequately and fully cite the language from the Consent Decree concerning the Inward Gradient
and monitoring required:
The actual language from the Consent Decree is stated below:
" The water level in each piezometer, and each extraction well shall be measured monthly for the first year following installation of the piezometers and quarterly thereafter. BWC shall demonstrate that an inward hydraulic gradient toward each extraction well system exists that is adequate to halt the flow of contaminated groundwater from the North Works to the Detroit River. Thereafter, the water level elevation in each piezometer shall be measured quarterly. "
COMMENT:
EGLE failed to cite that BASF has NEVER EVER shown to be compliant with the Inward Gradient provision of the CD, either in its Demonstration or Maintenance sufficient to Halt the Flow of Contaminated Groundwater to the Detroit River. EGLE did not cite the AGs letter from 2003 to BASF requesting Inward Gradient Demonstration records as required by the CONSENT DECREE,
(2003 AG Letter to BASF on Inward Gradient Demonstration Requirement)
COMMENT:
EGLE failed to mention to BASF that the Toxic and Hazardous Waste released from BASF is directly entering the Critical Assessment Zone (CAZ) of the Wyandotte Public Intake, which is afforded NO MIXING in a CAZ, thus is a Drinking Water Quality Violation of WRD Policy-053, and was cited as such by EPA in 2021 as being Uncontrolled and above National Drinking Water Standards. (2021 EPA reference- Shilpa Patel)
COMMENT:
EGLE failed to mention to BASF that NO MIXING of the Groundwater Release is allowed due to the groundwater discharge being above FAV (Final Acute Value), and the release being a "WASTE" released into waters of the State without Approval or a Groundwater Venting Permit from EGLE. (2021 EGLE-Dale Bridgford letter).
HOW DID BASF VIOLATE THE COURT ORDER and
HOW DID EGLE FIND OUT AFTER 6 YEARS?
EGLE Mar 10, 2025 LETTER 2nd Page 1st Paragraph:
"Records provided to the MMD by the Downriver Utility Wastewater Authority (DUWA), in September 2023, indicated that BASF reported flow at Sampling Point Outfall 007, North Works Groundwater Pump and Treat System Effluent of DUWA Permit No. D-11311, of less than 10 gpm from 2019 through the 2nd quarter of 2023, with flows ranging from 0.01 to 1.4 gpm"
EGLE Mar 10, 2025 LETTER 2nd Page 2st Paragraph:
"All four groundwater contour maps (1996, 2019, 2021, and 2024) show that the remedial system is not achieving the inward gradients sufficient to halt the flow of contaminated water to the Detroit River, as shown in Exhibits I, II, and III of the Consent Decree. "
COMMENT:
EGLEs review showed that BASF has been violating the Consent Decree since at least 1996 (29 years), and shut off its Court Ordered Extraction and Treatment System sometime in 2019 ( 6 years).
BASF has fully known that its venting groundwater is Toxic and a Hazardous Waste under Michigan Law when it entered into the 1986 Consent Decree, and when it shut off its Court Ordered Extraction System under the Consent Decree.
(BASF GSI Report 2012 delivered to EGLE-MMD).
WHAT DOES EGLE ASK OF BASF in this March 10, 2025 Letter and by WHEN?
EGLE Mar 10, 2025 LETTER 2nd Page 4th Paragraph (extend to Page 3)
"pursuant to Section VI, Subsection B of the Consent Decree, BASF is requested to modify the operation of the remedial system by taking all necessary and appropriate actions to meet the design flows specified in the Basis of Design and halt the flow of contaminated groundwater to the Detroit River"
"BASF must respond to this request within 60 days of receipt of this letter"
(4 Items)
1. A description of all steps taken to achieve the required hydraulic gradients
2. A schedule for any modifications that will require time to implement
3. A description and rationale, that explains the basis of operation prior to the modifications
4. Copies of, pertinent documents that reflect the system modifications
"BASF must conduct a minimum of one groundwater level monitoring event in all functional monitoring wells located within the facility boundary prior to system modifications, and four additional quarters once modifications are complete "
"BASF must record the average monthly flow rates of the system and submit this information to MMD within 30 days following each monitoring event. "
COMMENT:
EGLE FAILS in their letter to provide a Deadline by which BASF shall meet the requirements to Halt the Groundwater Contamination as specified in the Consent Decree.
EGLE is allowing BASF to take its time to come up with "proposed modifications", as well as continue to release Carcinogenic Contaminants into the CAZ of the Wyandotte Intake. Field Studies have shown that the BASF contaminated groundwater venting discharge does in fact move offshore and directly towards the Wyandotte Intake, within the bounds of the Critical Assessment Zone (Video LINK).
EGLE is allowing BASF to continue to ABUSE the Detroit River and use it as their personal TOXIC and Hazardous WASTE DUMP,
at 3400 gallons of WASTE per hour, (57 gallons every minute), 24/7/365 (EGLE Executive Memo 2021).
EGLE FAILS to cite the Consent Decrees schedule to Halt the Flow of Contaminated Groundwater to the DTR.
The Consent Decree stated that BASF would need to meet its obligations under the CD by Dec 31, 1986.
(Dec 31, 1986 operation date from CD - page 15)
From CD - "On or before December 31, 1986, BWD shall provide to MDNR a final certification that the Site Modifications
Program described in Section V of this Consent Decree has been completed and placed in operation in accordance with the requirements of this Consent"
i.e., Demonstration of an Inward Gradient sufficient to Halt the Flow of Contaminated Groundwater to the Detroit River from BASF.
Why is EGLE not enforcing the Dec 31, 1986 date, or ANY DATE for BASF Compliance, after 39 years of violation?
Why is EGLE not enforcing stipulated fines and penalties on BASF after nearly 4 decades of known violations to
Public Waters of the State?
EGLEs minimal monitoring requirements of BASF, before and after any proposed modifications by BASF (and the time those modifications will take) fails the Consent Decrees basic requirements of an Inward Gradient by Dec 31, 1986. After nearly 40 years of violations, EGLE continues to fail the Consent Decree by "trusting" BASF to ever actually establish an Inward Gradient that is operational for any period of time, and furthermore allows BASF to conduct its own monitoring.
FINAL COMMENTS AND SUMMARY
EGLEs March 10, 2025 letter to BASF is NOT what the Consent Decree, entered in 1986, had in mind by 2025.
EGLEs letter violates the basic tenants of the 1986 Consent Order (halting the contamination).
EGLE goes against the Departments own Compliance and Enforcement Policy, as well as forsakes enforcing the Public Trust of why the State entered the Consent Decree with BASF in the first place, to Halt the Contamination Release by Dec 31, 1986.
EGLE in this letter throws aside the protection of Human Health and the Environment by allowing a "timetable without end".
BASFs ongoing Carcinogenic, Toxic, and Hazardous Waste Groundwater Releases continue yesterday, today, and tomorrow, and beyond the 60 day response period of the EGLEs Alexandra Clark March 10 2025 Letter.
EGLE FAILS in their March 10, 2025 Letter by:
a) NOT SETTING A COMPLIANCE DEADLINE by which BASF MUST MEET AN INWARD GRADIENT SUFFICIENT TO HALT CONTAMINATED GROUNDWATER, even though a date exists in the Consent Decree.
b) NOT PROVIDING PUBLIC OVERSIGHT of INWARD GRADIENT WATER LEVEL MONITORING AT BASF
c) EGLE Mgmt pointed out that BASF was in violation of Part 31 and Part 111 to Alexandra Clark in 2021 (LINK)
yet it took the EGLE MMD Compliance and Enforcement Manager an additional three and a half years to write to BASF of the expressed violations.
If NOAA can provide automated real time static water levels for the Detroit River at
Fort Wayne, Wyandotte, Gibralter, and Lake Erie, why does EGLE allow BASF to conduct its own Inward Gradient monitoring, which after 39 years, has proven to be completely unreliable and untrustworthy?
(NOAA Automated Real Time Monitoring LINKS for the Detroit River, below)
Fort Wayne, Wyandotte, Gibralter, Lake Erie
WHY doesn't EGLE maintain a "REAL TIME" BASF Wyandotte Water Level-Inward Gradient LINK for the PUBLIC?
NOAA has proven they can provide an automated public link of water levels at Wyandotte and 4 other locations on the
Detroit River.
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