Waste facility plan scrapped by Niles Township Planning Commission

Published 9:23 am Thursday, July 14, 2016

The Niles Township Planning Commission denied approving a special land use application for a company wanting to open a waste treatment and storage facility in Niles Township.

The six-member commission voted unanimously to deny the application after determining Earth Smart Environmental Solution’s application did not meet multiple standards required by the township’s zoning ordinance.

“The risk versus reward is tilted the wrong way in my opinion,” said Dan Smothermon, commission chairman.

The decision was followed by applause and cheers from the 30-plus people in the audience at Niles Township Hall Tuesday evening.

Several residents living near 1400 S. Third St., where the proposed waste facility would have been located, praised the board for listening to their concerns about the facility, including that it would decrease property values and could result in the contamination of nearby natural resources.

“I want to commend the board for making a good decision,” said Akos Kovach, who lives on Bond Street.

“I really appreciate what you did for us,” said resident Craig Sly. “That doesn’t happen often.”

Rep. Dave Pagel, R-Berrien Springs, attended the meeting. He commended commission members for their hard work and congratulated them on their decision.

In explaining their decision to deny the application, commission members said the facility would interfere with the general enjoyment of adjacent property owners, would create the potential for odor and did not comply with the township’s master plan.

Earth Smart Environmental Solutions planned on opening a waste treatment, storage and disposal facility at the site of the former Green Giant mushroom plant, which it purchased last spring. Some of the waste would have been medical and hazardous waste.

David Hux, co-owner, said the facility would include several safeguards to minimize the risk of spills and contamination. He also said it would be heavily regulated through state and federal organizations.

Hux left the meeting immediately after the commission’s decision. When contacted via email Wednesday, he declined to comment about the decision, but said he might do so later this week.