The infamous Clinton Township tobacco shop, destroyed in a massive explosion in March, could ultimately be placed on the EPA’s Superfund priority program.
And that’s not necessarily an ideal situation, local officials say.
According to Bob Cannon, the town’s superintendent, the U.S. Environmental Protection Agency (EPA) plans to begin preparatory work to remove the site this week. The site could be placed on the EPA’s Superfund list of contaminated sites.
“This is not a good thing for the community,” Cannon said Tuesday.
Township officials say Noor Kestou, owner of Goo Smoke Shop/Select Distributor, has advised through his attorney that he lacks the financial resources to proceed with the clearance of the property at 15 Mile Road and Groesbeck Highway, which is expected to cost several million dollars.
Kestou, 31, of Commerce Township in Oakland County, who faces a manslaughter trial later this month, is expected to try to defer the cost of his insurance. Ultimately, officials say, the site will be taken over by the federal government.
Since Clinton Township does not have funds earmarked for extensive cleanup efforts, the costs could ultimately be passed on to the EPA and taxpayers.
“That’s my concern,” Cannon said.
“Is the EPA going to pay for it or do they expect the community to pay for it, or will it be put on the Superfund list? The property could be there for a long time, but I want it out of there. I know the people who live and work there want it out, too.”
EPA officials confirmed Tuesday that the agency will oversee the cleanup of the site. They expect to issue a news release soon with more details, spokeswoman Rachel Bassler said.
Township: Explosion was caused by improperly stored butane gas containers
The March 4 explosion and ensuing fire at the Goo Smoke Shop rocked central Macomb County and sent debris flying as much as two miles away. One of an estimated 1,000 metal canisters at the scene fatally struck a 19-year-old man and another injured a township firefighter.
Clinton Township officials and prosecutors have said the explosion and fire were caused by thousands of improperly stored canisters of butane and nitrous oxide. Investigators said there was a large amount of flammable gas in the building when the fire and continuous explosions occurred.
In the days following the explosion, a work crew erected a security fence around the site and security guards were posted on site to ensure that no one removed items from the site that could be used as evidence. The fence around the site is still in place.
As the property owner, Kestou is considered the one who must cover the costs of the operation, but his attorney has informed the EPA that he does not have the financial means to sign an order that would amount to a voluntary, good faith effort to conduct the cleanup under state supervision, township officials said.
Defense attorney James Thomas was not immediately available for comment Tuesday.
EPA assumes its supervisory role
The Environment Agency will establish what it calls an infrastructure mobilisation facility at the Goo site to begin the clearance plans associated with the cleanup, which include:
- A work plan outlining what needs to be addressed
- An air monitoring procedure to calculate which harmful fumes may remain in the environment
- Emergency plans
- And a health and safety plan.
Macomb County Attorney Peter Lucido said a number of government agencies, including the Michigan Department of Environment, Great Lakes and Energy, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the EPA and the Clinton Township Fire Department, were conducting their own investigations.
As part of the taking of evidence in the criminal proceedings against Kestou, the defense attorney and the insurance company were informed of the results, which may help to determine whether the insurance company is obliged to pay the costs of repairing the damage.
According to Lucido, if the insurance company concludes that Goo’s operators did not have the necessary building permits or deviated in any way from the intended use of the property and allowed the storage of these explosive materials there, it could classify the damage as not covered.
“I want to know if Mr. Kestou doesn’t have the money and the insurance doesn’t cover it. I don’t want the cost to be passed on to the taxpayer. I know it’s an eyesore that I don’t want to see, but someone has to take care of it,” Lucido said.
Goo Smoke Shop expected to be added to Superfund list
Eventually, goo could make it onto the U.S. Environmental Protection Agency’s Superfund list, which includes some of the country’s most polluted areas and provides responses to environmental emergencies, oil spills and natural disasters.
It would be the fourth Macomb County cleanup site on the list, following Liquid Disposal, Inc. (LDI) in Shelby Township, the South Macomb Disposal Authority landfill in Macomb Township and the Ten Mile Drain at the intersection of Bon Brae Street and Harper Avenue in St. Clair Shores.
According to the EPA, the Superfund program is funded through a trust fund. The trust fund is funded by a combination of taxes and general fund appropriations:
The goals of Superfund are to protect human health and the environment by cleaning up contaminated sites, holding those responsible for cleanup costs, and involving communities in the process.
Cleanup costs include public safety response costs from several Macomb County fire departments.
Goo was a tobacco shop and sold tobacco, smoking accessories and miscellaneous items. Select Distributors supplies the local cannabis industry with marijuana items and equipment.
The sale of marijuana is illegal in Clinton Township.
Kestou, the property’s owner, was charged in April in 41B District Court in Clinton Township with manslaughter, a crime punishable by 15 years in prison. He was released from prison after posting $500,000 bail.
He is scheduled to appear in a hearing on August 20 to determine whether there is sufficient evidence to commit the crime. Two previous court dates have been postponed.
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