EPA will soon begin the pre-removal process for Clinton Twp. site of store explosion – Macomb Daily

The infamous Clinton Township smoke supply store destroyed in a massive explosion in March could end up being included in the EPA’s Superfund priority program.

And that’s not necessarily an ideal outcome, local officials say.

According to Township Supervisor Bob Cannon, the US Environmental Protection Agency (EPA) plans to begin pre-removal work at the site later this week. The land could be placed on the EPA’s Superfund list of contaminated sites, “which is not a good thing for the community,” Cannon said Tuesday.

City officials say Noor Kestou, owner of Goo Smoke Shop/Select Distributor, has indicated through his attorney that he does not have sufficient funds to continue the cleanup of the property at 15 Mile Road and Groesbeck Highway, which is expected to cost millions.

Kestou, 31, of Commerce Township in Oakland County, who has a court hearing on involuntary manslaughter charges later this month, is expected to try to defer the bill to his insurance company. Eventually, officials say, the site will be taken over by the federal government.

Clinton Township has no money set aside for the massive cleanup, so the cost could ultimately be borne by the EPA and taxpayers.

“That’s my concern,” Cannon said.

“Is the EPA going to pay for it or is the community expected to pay or is it going to be placed on the Superfund list. That property could sit there for a long time, but I want it out of there. I know the people who live and work there want it gone too.”

EPA officials confirmed Tuesday that the agency will oversee the cleanup of the site. They expect to issue a press release soon with additional details, spokeswoman Rachel Bassler said.

Township: Explosion caused by improperly stored containers

The March 4 explosion and subsequent fire at the Goo Smoke Shop rocked central Macomb County and sent debris up to two miles away. One of the 1,000 metal canisters at the scene killed a 19-year-old man, and another injured a local firefighter.

Clinton Township officials and prosecutors said the explosion and fire were caused by thousands of improperly stored butane and nitrous oxide containers. Investigators said there was a large amount of combustible gas inside the building when the fire and non-stop explosions occurred.

In the days after the explosion, a work crew erected a safety fence around the site and security guards were placed on site to ensure no one removed items from the property that could be called into evidence. The fence remains around the site.

As the property owner, Kestou is viewed as the likely party responsible for paying for the lawsuit, but his attorney has informed the EPA that he does not have the funds to sign an order similar to a good faith and voluntary effort to conduct a cleanliness under government supervision, city officials said.

Defense attorney James Thomas was not immediately available for comment Tuesday.

EPA to begin its oversight role

The Environment Agency will set up what is known as an infrastructure mobilization facility at the Goo property to begin the removal plans associated with the cleanup. This will include:

• A work plan that specifies what needs to be addressed
• An air monitoring process to calculate what, if any, noxious fumes remain in the area
• Contingency plans
• And a health and safety plan.

Macomb County Prosecutor Peter Lucido said a host 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 conducted their own investigations.

As part of the discovery process in Kestou’s criminal case, the defense attorney and the insurance company were briefed on the findings, which may help determine whether the insurance company has an obligation to pay for the cleanup.

According to Lucido, if the insurance company determines that Goo’s operators did not have the correct zoning permits or deviated in some way from the intended use of the property and allowed those explosive materials to be stored there, it can be said that the loss is not covered by the policy.

“I want to know if Mr. Kestou doesn’t have the money and the insurance won’t pick it up, I don’t want the cost to be placed on the taxpayers. I know it’s a crisis I don’t want to see, but somebody took care of business there,” Lucido said.

Probable superfund list designation

Eventually, Goo could make the EPA’s Superfund list, which includes some of the country’s most contaminated land and responds to environmental emergencies, oil spills and natural disasters.

It will become the fourth Macomb County cleanup site on the list after 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. Remediation of the Ten Mile Drain site was a multi-million dollar project spanning over two decades.

According to the EPA, the Superfund program is funded by a trust fund financed by a combination of taxes and appropriations from the general fund. Superfund’s goals are to protect human health and the environment by cleaning up contaminated sites; compel responsible parties to pay for clean-up work; and involve communities in the process

Included with the cleanup costs is the cost of public safety response from several Macomb County fire departments.

Goo was a smoke shop that sold tobacco, smoking accessories and sundries. Select distributors provide marijuana-related items and equipment to the local cannabis industry.

Marijuana sales are prohibited in Clinton Township.

Kestou, the property owner, was arraigned in April in Clinton Township’s 41B District Court on a charge of involuntary manslaughter, a 15-year felony. He was released from jail after posting $500,000 bond.

He is scheduled to face a probable cause conference on Aug. 20. Two previous hearings were postponed.

Originally published: August 13, 2024 at 3:27 p.m