Fugitive Dust Ordinance Information Meeting

Detroit City Council
Health

Remote

Join meeting on Zoom: https://cityofdetroit.zoom.us/j/85222093088

Check the source website for additional information

Reporting

Edited and summarized by the Detroit - MI Documenters Team

Note-taking by Lauren Ridenour

Following a description and discussion on the harms of fugitive dust, residents pressed on the particulars of enforcement for the proposed fugitive dust ordinance, and questioned ways to measure and document particulate in their communities..

Live reporting by Carole Hawke

Following a description and discussion on the harms of fugitive dust, residents pressed on the particulars of enforcement for the proposed fugitive dust ordinance, and questioned ways to measure and document particulate in their communities..

Carole Hawke @hawke48223
Hello, Detroit Docs! I will be live-tweeting for Detroit City Council Fugitive Dust Ordinance Information Meeting for DETdocumenters @DetDocumenters media partners: @BridgeDet313 @chalkbeatDET @freep @metrotimes @michigan_public @media_outlier @PlanetDetroit @wdet @wxyzdetroit.

04:48 PM May 8, 2024 CDT

Carole Hawke @hawke48223 2/65
Councilwoman Gabriela Santiago-Romera will be hosting the meeting about the ordinance she has proposed. Look at how she sent the notice out in English, Spanish, and Arabic and will have translations for multiple languages.
Carole Hawke @hawke48223 3/65
Carole Hawke @hawke48223 4/65
Meeting starts at 6:00. Zoom link is available on the City Council website at .
detroitmi.gov/government/cit…
Carole Hawke @hawke48223 5/65
Notes, twitter threads, and transcripts from previous meetings can be found at
detroit.documenters.org/reporting/?age…
Carole Hawke @hawke48223 6/65
Dearborn has just taken up the issue, citing high asthma rates in the city.
wdet.org/2024/05/08/why…
Carole Hawke @hawke48223 7/65
And here is a little background on Detroit's proposed ordinance: .
planetdetroit.org/2024/04/detroi…
Carole Hawke @hawke48223 8/65
Meeting is starting. Gabriela Santiago-Romero states goals are to explain what the ordinance is and why it is important.
Carole Hawke @hawke48223 9/65
The meeting will be wrapping up at 7 sharp but there will be opportunities to engage at other times.
Carole Hawke @hawke48223 10/65
The Public Health and Safety Committee will be taking this up on Monday.
Carole Hawke @hawke48223 11/65
The meeting will be recorded and shared afterward and shared on facebook.
Carole Hawke @hawke48223 12/65
The zoom link is being linked to facebook which will allow for Spanish or Arabic translation. Councilwoman is explaining how to access them through the global icon at the bottom. She is sharing ways to interact with the meeting, as this is a public forum.
Carole Hawke @hawke48223 13/65
There will be a Q&A portion for 20 minutes at the end. Commenters are asked to share their name and pronouns for the sake of inclusivity.
Carole Hawke @hawke48223 14/65
Quick interruption that there are problems with translation but they are working on it.
Carole Hawke @hawke48223 15/65
First presenter is Stuart Batterman.
sph.umich.edu/faculty-profil…
Carole Hawke @hawke48223 16/65
Sources of fugitive dust are often contaminated. Detroit has a lot of commingling of industry and residential areas. For example, D6 (Dearborn & Fort Street) in Detroit has a few blocks of residential surrounded by industry.
Carole Hawke @hawke48223 17/65
New Detroit Development Tracker can be used to see new construction activity. For example, Gordie Howe Bridge site has lots of piles of cement and others. This is one of the largest sources of fugitive dust in the state.
Carole Hawke @hawke48223 18/65
Not a lot of research on this. Batterman shared a project by some of his students who inventoried sources of fugitive dust in different districts in Detroit.
Carole Hawke @hawke48223 19/65
In addition to industry and trucking, some parks have waste piles which are contaminated and the soil gets onto the road and into the airs.
Carole Hawke @hawke48223 20/65
Summary: Many sources of fugitive dust (FD) in Detroit. There is no comprehensive FD inventory and monitoring. This is a nuisance and a health risk. This is a manageable problem. It is controllable with an enforced plan.
Carole Hawke @hawke48223 21/65
Next presenter will speak on the vulnerable health conditions which many Detroiters are in which are exacerbated by fugitive dust.
Carole Hawke @hawke48223 22/65
This is Dr. Felix Valbuena of CHASS.
chasscenter.org/about/team/our…
Carole Hawke @hawke48223 23/65
Around 350 patients have chronic COPD and asthma and suffer from the effects of dust from the Gordie Howe Bridge. Dust coming from installation of the bridge, of the bike path which will be along Fort Street, on having to move utilities. There is a constant ebb and flow of dust.
Carole Hawke @hawke48223 24/65
CHASS gets good communication from Gordie Howe Bridge people with updates. But the dust is a real challenge. Have had to update filters for HVAC because of the overwhelming amount of dust.
Carole Hawke @hawke48223 25/65
Dr. Valbuena shared 26 second video of huge plumes of dust being swept up and released into the air right next to CHASS's center.
Carole Hawke @hawke48223 26/65
Rory Bolger of City Planning Commission now sharing slides.
Carole Hawke @hawke48223 27/65
(Quick interruption to share that Spanish interpretation now available and instructions how to access it.)
Carole Hawke @hawke48223 28/65
Rory Bolger is giving an overview of interaction with Planning Commission. There was a 2017 ordinance which dealt with coal and coke facilities. Current proposed ordinance regulates FD from sources other than coke and coal.
Carole Hawke @hawke48223 29/65
(Interruption of belching and whistling and strange noises on audio from someone crashing the meeting--??)
Carole Hawke @hawke48223 30/65
A fugitive dust plan is one in which the owner or operator is responsible for determining how an opacity or haziness of over 5% on the property and 0% beyond the property is not present.
Carole Hawke @hawke48223 31/65
It is part of the property maintenance commission.
Carole Hawke @hawke48223 32/65
Councilwoman interrupting to say that the meeting may have been hacked. Have cleared out the list and hope to have gotten the hacker out of the attendees, but if another incident occurs, they may need to end and reschedule meeting.
Carole Hawke @hawke48223 33/65
Monday 5/13 at 10:30 am is the hearing. Result of 11 years of preparation and ready to move forward and hopefully put this to the city council for a vote.
Carole Hawke @hawke48223 34/65
Crystal Rogers of BSEED explaining how businesses will be addressed. They will be asked for a plan and if the plan is not in compliance, it will be sent back. If the plan doesn't work, BSEED will work with businesses to be in compliance.
Carole Hawke @hawke48223 35/65
If businesses are not able or willing to get in compliance, blight tickets will be issued up to business being shut down.
Carole Hawke @hawke48223 36/65
The measure will be 'opacity' which means how much a person can see through the dust. There can be dust on site while working (5%) opacity, but it cannot come off the site. Number of ways to combat FD, including wetting, truck washes, tire washes. Methods can be layered.
Carole Hawke @hawke48223 37/65
Moving to comments: Will this be for all businesses or just new businesses?
Carole Hawke @hawke48223 38/65
Bolger explains that this is part of city maintenance code and not zoning. Zoning can be used only for new businesses, but this would be for all businesses.
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Question: What about billionaire developers who don't care about fines?
Carole Hawke @hawke48223 40/65
Rogers explains that the goal is compliance, but that the city does have the authority to shut down businesses which refuse to be in compliance.
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Question: Air monitors on the sites?
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Rogers answers that there is a new air monitor system which will be in each of the 7 districts to measure general air quality. In addition, purchasing mobile monitoring units which can be moved around the city to sites of concern.
Carole Hawke @hawke48223 43/65
Clarifies that it is opacity which triggers the ordinance. Also that businesses will not be required to do perimeter monitoring at this time, but the city does have the authority to use perimeter monitoring if needed.
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Councilwoman stresses that it is important for all citizens to be eyes and ears and get involved in monitoring.
Carole Hawke @hawke48223 45/65
Bolger now responding to question about how industry will know about ordinance. There are escalating sanctions, with fee structure for failure to comply with ordinance, submit an adequate plan, etc. These will be presented at Monday's meeting and shared with industry.
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Councilwoman asking where there will be requirements for the businesses in selecting processes for mitigation.
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Rogers responding that industry knows its own business, so they will be able to select which methods of dust control to use. However, they can be given recommendations. And if their methods do not work, they can use a different method or face sanctions.
Carole Hawke @hawke48223 48/65
Rogers also wants to point out that particulate matter is not the same as opacity. We need to be sure to keep these separate.
Carole Hawke @hawke48223 49/65
Batterman interjecting that perimeter monitoring is used by some larger sites, and it is required that sites are lower than PM 10. The problem is that particulate matter is hyperlocal, so the sensors must be in the right place or they won't pick up.
Carole Hawke @hawke48223 50/65
There will some best practices available for air monitoring which will be shared on Councilwoman's site.
Carole Hawke @hawke48223 51/65
Question about how to deal with the dust being transient. It comes and goes, so how can residents monitor?
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Rogers said although dust goes away, it comes back, and there are ways to do monitoring. For monitoring, cameras with timestamps, looking at dust tracks coming in and out site.
Carole Hawke @hawke48223 53/65
Councilwoman encouraged that this is a way for neighbors to join together to keep track of dust coming in and out.
Carole Hawke @hawke48223 54/65
Representative for Detroit Salt Company speaking and saying that most large companies in Detroit already have a FD plan and that the ordinance will strengthen it. However, this could have an unintended consequence for landscapers and other small contractors.
Carole Hawke @hawke48223 55/65
Also mentioned that the limits for ordinance are for wind of 20 mph, and he would recommend wind of 30 mph because at that point businesses would probably cease operations. Many days have wind in excess of 20 mph.
Carole Hawke @hawke48223 56/65
Simone of SW Detroit Community Benefits Coalition. Will be there an initial site for sites required to abide by ordinance. This might give a better idea of level of protection needed at these facilities.
Carole Hawke @hawke48223 57/65
Also, enforcement is always an issue. Other ordinances, such as truck traffic, have laws already but suffer because there isn't adequate staffing for enforcement.
Carole Hawke @hawke48223 58/65
Rogers responded that there is no plan now for initial inspections, but there are inspectors which already go to each business each year, so adding fugitive dust info and education for these inspectors would be a good step.
Carole Hawke @hawke48223 59/65
Councilwoman Santiago-Romero concluding statements to end meeting: Hears that fines and how this info will be shared with businesses are two big questions.
Carole Hawke @hawke48223 60/65
Apologizes that there was trolling during the meeting, but thanks to staff who were able to take care of it so that meeting could continue.
Carole Hawke @hawke48223 61/65
Hearing on the ordinance will be Monday 5/13 at Coleman A Young Building, 13th floor. Chance to ask questions and support getting the ordinance through for a vote by council. Community has worked for a long time for this.
Carole Hawke @hawke48223 62/65
The information will be shared on social media and in her newsletter which will come out of on Friday.
Carole Hawke @hawke48223 63/65
Can also email her with questions at councilmembergabriela@detroitmi.gov.
Carole Hawke @hawke48223 64/65
This concludes my coverage of the Fugitive Dust Ordinance Informational Meeting. If you believe anything in these notes is inaccurate, email documenters@outliermedia.org with "Correction Request" subject line.
Carole Hawke @hawke48223 65/65
For more information, including transcripts of the meeting, go to
detroit.documenters.org/reporting/

Attachments

Agency Information

Detroit City Council

www.detroitmi.gov

See Documenters reporting

The Detroit City Council is the legislative body of Detroit, Michigan, United States. The Council is responsible for the creation of local laws—called ordinances. Additionally they pass resolutions, motions, and the proposed city budget. The full-time council is required to meet every business day for at least 10 months of the year, with at least eight of these meetings occurring at a location besides city hall. The council may convene for special meetings at the call of the mayor or at least four members of council. Areas of responsibility for the Budget, Finance and Audit Committee include, Budget, Finance and the Auditor General.

City Council members are elected on the same cycle as the Mayor and will be elected in 2021. Seven members represent the seven council districts, while two members are elected at-large.

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