detroit resolution to halt petroleum coke handing at dock

7/28/2019 Detroit Resolution to Halt Petroleum Coke handing at dock

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A RESOLUTION BY THE DETROIT CITY COUNCILRESOLUTION STRONGLY URGING IMMEDIATE ACTION REGARDING

PETROLEUM COKE PILES ON THE BANK OF THE DETROIT RIVERWHEREAS Petroleum coke (petcoke) is a known waste byproduct of refining tar sandsbitumen into fuel oil. Since November 2012, Marathon Petroleum's Southwest

Detroit refinery has been processing tar sand from Alberta, Canada, generatingthis petcoke byproduct, and storing it on land immediately adjacent to the DetroitRiver near the Ambassador Bridge; and

WHEREAS This creates an extremely complex series of environmental, economic and socialquestions associated with the current storage of large amounts of petcoke on theseparticular sites, both because: 1) the petcoke is merely one aspect of a largersystem of industrial extraction, transit and use of the extremely controversial tarsands fuel source; and 2) the production, sale and storage of the petcokebyproduct in this particular location in the community of southwest Detroit and onthe U.S./Canadian border also raises a number of additional issues beyond zoning;and

WHEREAS Since March 2013, these extremely large and rapidly growing piles of petcokehave been improperly stored (i.e. uncovered and in the open) on land owned byMaroun corporate interests. This land is leased to the Detroit/Wayne County PortAuthority and Detroit Bulk Storage, sub-leased to Nicholson Terminal & Dockand CSX Railroad. The petcoke is reportedly awaiting transport after its sale byMarathon Petroleum to Koch Carbon; andWHEREAS Each of the aforementioned entities, in particular Marathon Petroleum whichproduces the petcoke, have the responsibility and duty to ensure the processing,storage, and transport of this expected byproduct occurs in an expeditious mannerthat meets all legal and environmental guidelines to minimize the negative effects

of its presence on the surrounding residential neighborhood in Southwest Detroitwhich is already severely overburdened by adverse environmental and publichealth conditions, that demands much more aggressive, vigilant and effectiveadministrative and legal enforcement of land use standards and protections; andWHEREAS Petcoke, especially in such large and un contained volumes, presents numerousshort and long-term potential public health, safety and environmental concernsand risks. These include but are not limited to: run-off into the river; ambient

dust and particulate matter; its ultimate contribution to global warming andclimate change; nuisance and other legal, equitable, environmental justice,economic and esthetic harms to the Detroit River, which is a uniquely importantand valuable community asset and an ecosystem protected under federal, state andlocal laws; and

WHEREAS To date, petcoke has been dumped on these properties without proper zoningclearances or necessary permits. It is also currently in violation of applicableheight restrictions. Therefore, in April 2013 the City 's Building Safety


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Engineering and Environmental Department (BSEED) issued Correction Ordersfor both parcels due to these ongoing violations. Applications have been filed forvariances or other zoning approvals (such as a Conditional Use Permit, andhearings either scheduled (for the Nicholson Terminal & Dock property) oranticipated in the near future (for the CSX Railroad property)); and

WHEREAS Although BSEED ordinarily follows a prudent, discretionary policy in such casesof unpermitted land use by refraining from taking immediate enforcement actionsuch as shutting down the facility and imposing fines, temporarily allowing theunpermitted use only when the applicant cooperates, or as in this case, bypromptly filing an application when the violation is brought to their attention, andotherwise cooperates with the investigation, this does not appear to be a typical,garden variety land use case where such discretionary non-enforcement may bedefensible and appropriate; and

WHEREAS Rather, in this case, the giant petcoke piles present issues in need of immediateand decisive enforcement action by local, state and federal regulatory agencies toaddress the existing piles and ensure that all entities involved in the ongoingproduction, storage and transport of this byproduct have appropriate protocols inplace as well as the necessary permits and approvals to prevent any future issues;and

WHEREAS Marathon Petroleum apparently intends to continue, and even significantlyincrease, its tar sands processing activities in the future, producing' even morenoxious petcoke byproduct that threatens even greater harms, so that this issuemust be confronted and dealt with forcefully now to avoid setting an extremelyundesirable, destructive precedent for the future; and NOW THEREFORE BEIT

RESOL VED That the Detroit City Council strongly urges immediate action be taken by local,state and federal governments to address the improperly stored petroleum cokepiles that currently exist on the bank of the Detroit River and to prevent futureoccurrences through continued enforcement efforts; and BE IT FURTHERRESOLVED That the Detroit City Council strongly urges the City of Detroit, through itsMayor, Emergency Management Team and the Building Safety Engineering andEnvironmental Department (BSEED), to immediately take all available legalmeasures to stop any and all pm1ies, including but not limited the Maroun familycorporations, Marathon Petroleum, Koch Carbon, the Port Authority, Detroit Cold

Storage, Nicholson Dock & Terminal and CSX Railroad, to immediately ceaseand desist from dumping, storing, piling or otherwise placing petcoke or any othertar waste or noxious substances on the properties in question or anywhere elsewithout compete, timely and adequate legal authority to do so and withoutadequate safeguards of local health and environmental quality, such as coveringthe materials in question and fully disclosing to the community all the relevantinformation about how it is being stored, isolated, and otherwise treated for theprotection of human and other ecological health concerns, such measures toinclude but not be limited to immediately locking the facilities in question to


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physically prevent access and/or seeking immediate judicial enforcement of allrights against this unlawful polluting activity; and BE IT FURTHERRESOL VED That the Detroit City Council will work expeditiously with State Rep. RashidaTlaib, U.S. Congressional Representatives Gary Peters and John Conyers, the

Michigan Department of Environmental Quality, the U.S. EnvironmentalProtection Agency, BSEED, Southwest Detroit residents, environmentalists andall other interested parties to thoroughly investigate the manifold issues andproblems represented by petcoke and to devise adequate policy solutions thatmove beyond 'passing the buck' between regulatory agencies and levels ordepartments of government; and BE IT FINALLYRESOLVED That copies of this resolution shall be delivered to Mayor Bing, EmergencyManager Orr, the City's Building Safety Engineering and EnvironmentalDepartment, State Rep. Rashida Tlaib, U.S. Congressional Representatives GaryPeters and John Conyers, the Michigan Department ofEnvironmental Quality, the

U.S. Environmental Protection Agency, Southwest Detroit residents,environmentalists and all other interested parties.

detroit resolution to halt petroleum coke handing at dock

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