Dearborn sues scrap yard for dust pollution after 16 citations

For decades, pollution has been an ongoing problem in the south end of Dearborn, which has a high concentration of factories and industrial facilities sitting alongside low-income immigrant neighborhoods.

Now, the city of Dearborn is trying to help improve the community's air quality with a lawsuit filed last week against a scrapyard it accuses of spewing harmful dust and repeatedly ignoring city citations.

Dearborn filed the suit April 18 in Wayne County Circuit Court against Pro V Enterprises, two other related companies and owner James Rademaker. The facility sits on Wyoming Avenue, where its trucks rumble in and out, sometimes causing substances called fugitive dust and track-out to pollute the air, city officials said.

The lawsuit is the first filed by the city alleging violations of a dust ordinance that was established in August 2020, said Dearborn Public Health Director Ali Abazeed. The company has been charged with violations 16 times since 2020, the lawsuit said. The complaint filed by Dearborn's attorneys asks a Wayne County judge to declare the pollution a public nuisance and order the company to reduce the dust or shut down until it can do so. It also alleges the company has been operating without a certificate of occupancy since at least 2018.

"They are operating illegally," Dearborn Mayor Abdullah Hammoud said while standing outside Pro V on Tuesday alongside Abazeed in a livestreamed announcement of the lawsuit. "They are one of the biggest polluters that we have throughout the region."

A statement from Pro V provided Wednesday to the Free Press by attorney Amir Makled read, in part: "We are aware of the concerns raised by the municipality regarding fugitive dust from our client’s trucks. Our company takes environmental responsibility very seriously and is committed to addressing this issue in a responsible and timely manner."

Hammoud brought back its health department last year after it was shuttered in 2011 and has been prioritizing public health issues.

"We have zero tolerance for anybody that impacts the quality of life for our residents," Hammoud said.

Companies should abide "by all the ordinances, county, state and federal laws that are in existence," he said, adding that "we're going to be toughening up, pushing back against anybody that refuses to do so."

Abazeed said fugitive dust "has profound and devastating health effects in populations."

Track-out — which the city described in a news release as the "dirt, dust, and sediment attached to vehicles traveling to and from an industrial or construction site" — is also a problem, the lawsuit argues.

"For those who live in the south end, they understand that as you drive along Wyoming, your car will be covered in soot because of all the track-out that their trucks bring out onto our roads," Hammoud said.Abazeed said “fugitive dust has profound and devastating health effects in populations that are both near to, and distant from, the original dust sources, and its proliferation in Dearborn neighborhoods cannot be tolerated."

In its statement, Pro V said "we have already taken proactive measures to minimize fugitive dust. We have invested in rumble strips to help contain dust on our trucks, and have contracted with street sweepers to clean the surrounding areas on a regular basis. Additionally, we have a large capital improvement plan in place to pour concrete to further minimize the risk of fugitive dust."

Pro V added: "We are working closely with the relevant authorities to investigate and address the concerns raised. We value our relationship with the community and will continue to work with the municipality to ensure that we operate in compliance with all relevant laws and regulations. We are confident that, together, we can find a solution that balances environmental protection and the needs of our business."

The amount of the fines for violating the ordinance was increased in 2021, reported the Dearborn-based Arab American News. It currently ranges from $1,000 to $2,500.

The lawsuit details alleged violations made by Pro V from January 2020 to March 2013.

Makled, the company's attorney, said Pro V's earlier citations have already been dealt with.

Pro V now has a more recent "current set of citations that haven't been adjudicated yet," Makled said. "And so while violations have been brought against the company, no convictions have resulted on these current citations."

Contact Niraj Warikoo: nwarikoo@freepress.com or Twitter @nwarikoo.

This article originally appeared on Detroit Free Press: Dearborn files lawsuit against scrap yard over dust pollution