‘Mountain’ of coal mixture at Ypsilanti-area business raises concerns for officials

WASHTENAW COUNTY, MI – A massive pile of a black, coal-like substance mounded behind a fence on an Ypsilanti-area trucking company’s property is ringing alarm bells for township officials, who have taken legal action and raised environmental concerns.

“The issue here has been one that is totally unacceptable. Right now, nobody can tell us where this mountain of coal, whatever it is, came from,” said Ypsilanti Township Attorney Doug Winters, who called the operation an “illegal transfer station” lacking property authorization.

Sediment in nearby storm drains has been tested at the township’s request, showing alarming levels of toxic substances like arsenic and chromium, the attorney said.

The mound, which was being trucked away in the days before the New Year’s holiday weekend, is located on property off East Michigan Avenue and Wiard Road home to OKD Transport, a materials hauling company that also does some snow removal and landscaping, according to its owner Ahmad Dari.

OKD and property owner Dari Holding, LLC, also owned by Dari, face legal action from the township initiated on Dec. 4. Officials assert the business is running in violation of the township zoning code on Michigan Avenue and at a separate trucking yard at 850 Minion St.

“I am very disheartened and disappointed by the township’s approach towards a small, local business. I have deep roots here, and giving back to my community is a core part of my business mission statement,” Dari said in a statement.

The samples taken from the drainage structures on nearby public roads would contain substances from a number of sources, Dari added. The material on his property— a mixture of coal, topsoil and clay — was tested prior to transport and had “absolutely no hazardous or harmful components,” he said.

The company began relocating the stockpile once the township brought the alleged violations to its attention, Dan said.

But the township’s requests date back to July, and the pile had grown by the time officials issued a formal violation notice on Oct. 25, far exceeding the height of nearby buildings, township officials said in legal filings.

On Dec. 11, a Washtenaw County judge granted Ypsilanti Township’s request for a temporary restraining order prohibiting uses of the OKD properties that violate the township zoning code, but Winters said the operations have continued.

“We don’t have a clue as to what this means in terms of the impact to the environment, beyond the fact that number one it’s illegal to begin with to have the material on site and number two they’re supposed to have truck manifests that can verify where it came from and where they’re taking it to,” Winters said.

The township commissioned testing on sediment in drains on Wiard Road near the entrance to the East Michigan Avenue site, carried out by the Washtenaw County Water Resources Commissioner’s Office beginning in early November.

It is “clearly evident” that anytime it rains, material from the stockpile is being transported to the public drainage system, with black staining leading to the mound, according to a letter from Water Resources Commissioner Evan Pratt summarizing the sampling.

Samples from the northern drain found elevated levels of arsenic, zinc, chromium and phosphorus as well as hydrocarbons and polycyclic aromatic hydrocarbons. Most of the substances were also detected in the southern drain, which also had elevated levels of lead and copper. The detected levels appear to exceed regulatory thresholds, according to the letter.

Still, the testing hasn’t proven the contaminants came from the stockpile, Pratt said in an interview, noting that research indicates automobiles can contribute to a variety of hazardous substances that make their way into drainage systems via road runoff.

After being briefed on the testing on Dec. 19, the Ypsilanti Township board voted to authorize their attorneys to expedite the process of involving state and federal environmental regulators, as well as congressional and state representatives, to halt activity at the site.

The Michigan Department of Environment, Great Lakes and Energy visited OKD on East Michigan Avenue on Dec. 21, and state regulators are communicating with the trucking company to determine the origin of the substance and request a waste characterization to compare it to the drain sampling, according to EGLE spokesperson Jill Greenberg.

OKD Transport is not currently operating under any EGLE permits but does fall under local zoning and erosion control regulations enforced by Ypsilanti Township, Greenberg said. At this time, the agency is providing guidance and assistance to township officials in identifying the substance and its origin, she added.

Dari, the company owner, said he has “gone above and beyond” to comply with township requests, making attempts to talk to officials, but they have refused to return calls or meet with him.

The township’s legal filings also state OKD is operating an “illegal/unapproved trucking business” at 850 Minion Street and residents have complained about noise, dust and odors at all hours of the day.

Dari said OKD only operates between 6 a.m. and 7 p.m., and there is a separate 24/7 freight terminal across the street from his business that could be resulting in the resident complaints.

OKD plans to defend itself in court, he said, pushing back on the township’s claims the business lacks proper zoning authorization. The parties are next due before a judge for a hearing on Jan. 10.

“I feel like I have a target on my back for some reason or another, I’m not sure,” Dari said. “But we’ll get through this.”

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