Catholic Charities, landlord files new lawsuit against Padnos shredder in Howell

Livingston County Catholic Charities and the nonprofit's landlord have refiled a lawsuit against Holland-based PADNOS Iron and Metal Company over a shredder for automobiles and scrap metal.

The city of Howell approved a special use permit in September 2019 for the shredder capable of processing about 80 cars per hour at 645 Lucy Road.

Livingston County Catholic Charities and its landlord, Matem LLC, located adjacent to the facility in Genoa Township, said the noise from the facility will disturb its operations as one of the only adult daycare facilities in Livingston County for people with dementia. The charity also provides programs to help with mental health, substance abuse, foster care and adoption.

Catholic Charities said because of the nature of its programs, noise mitigation already exists in their building. However, the agency argued in its lawsuit that the increased noise from the shredder would be too harmful, and that scrapping metal often has other harmful impacts like pollution, vibration, dust and spontaneous fires and explosions.

"The impact of the noise and vibrations of the massive automobile and scrap metal shredder would materially disrupt these services and would be incredibly harmful and distinct," the complaint said. 

PADNOS Iron and Metal did not respond to a message left seeking comment. Ben Irwin, PADNOS chief financial officer, told the Livingston Daily previously that "concerns are overblown," about the shredder.

"We run a world-class operation," he said. "We think this is an optimal site for a shredder."

An initial complaint was dismissed in April because Livingston County Judge Suzanne Geddis said the facility hadn't been built and she couldn't rule on a potential future violation, but said Catholic Charities could return to the court if PADNOS began construction in a way that was not compliant with Howell's zoning ordinance.

PADNOS has started construction and the Catholic Charities and Matem said in the lawsuit the shredder will not comply with the zoning ordinance because the structure around the shredder will not be completely closed because there is no roof and that air pollution may escape the facility as a result.

Catholic Charities and Matem want a judge to issue an injunction that halts construction and requires the shredder to be enclosed in a building that has a roof, following the zoning ordinance and all other building requirements from the city.

PADNOS last year agreed to put the shredder inside a structure and pave outdoor storage areas and driving surfaces.

In February 2020, the company asked Howell's Zoning Board of Appeals for three variances for the project. The requests were to allow the shredder to be outdoors and to allow the company to use gravel throughout the site instead of pavement. The zoning board denied all three variances, so PADNOS filed a lawsuit in hopes of overturning the denials.

The company a year later dismissed its appeal from Livingston County Circuit Court and the Howell City Council agreed to the revisions.

Catholic Charities has operated out of the Matem building at 2020 E. Grand River Ave., on the corner of Grand River and Lucy Road, for more than 20 years.

The agency's Executive Director Mark Robinson has said if the shredder is built his agency will have to move.

The Michigan Department of Environment, Great Lakes and Energy approved an air permit for the PADNOS' site in Howell — with two conditions.

The company must conduct more frequent testing for particulate matter and volatile organic compounds, as well as other pollutants. In addition, instead of a one-time test, PADNOS will have to test for pollutants once every five years until certain conditions are met.

Sophia Lada is a reporter for the Livingston Daily. Contact her at slada@gannett.com or 517.377.1065. Follow her on Twitter @sophia_lada.