EPA v. United States Government of the Virgin Island et al.

Case summary

Region 2 requests the DOJ initiate a civil enforcement action against the Government of the United States Virgin Islands (GVI), the owner of the Bovoni municipal solid waste landfill located in St. Thomas, VI (Bovoni Landfill) and the Virgin Islands Waste Management Authority (VIWMA), the operator of the Bovoni Landfill, for violations of the Clean Air Act, as amended 42 U.S.C. section 7401 et seq. The Region also requests that the civil enforcement include action against GVI and VIWMA, for violations of the Solid Waste Disposal Act, as amended (commonly referred to as (RCRA), 42 USC section 6901 et seq. The violations include failure to install and operate emissions control equipment and failure to meet reporting requirements, among other violations of requirements of NESHAP: Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991, 40 CFR Part 62, Subpart GGG, 40 CFR 62.14350-14356 (Federal Plan), regulations promulgated pursuant to sections 111, 112 and 114 of the Act 42 USC section 7411,7412 and 7414. Non-compliance with an Administrative Order on Consent by the GVI, VIWMA, and a private party. Order requires the removal of 900,000 scrap tires from open dumps adjacent to the Bovoni landfill on St. Thomas. Supplements a referral to DOJ requesting civil litigation against GVI and VIWMA with respect to the Bovoni landfill for non-compliance with RCRA and CAA administrative orders. EPA recommends DOJ handle the scrap tire matter as an amendment to the lawsuit. Additional stipulated penalties assessed under the order. Complaint issued combined this case with EA# 02-2006-0021 - Against the Virgin Islands Port Authority (PA), the owner of the Anguilla municipal solid waste landfill located in St. Croix, VI (Anguilla Landfill) and the Virgin Islands Waste Management Authority (VIWMA), the operator of the Anguilla Landfill, for violations of the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (the Act). The Region also requests that the civil enforcement include action against the Government of the United States Virgin Islands (GVI), as well as against PA and VIWMA, for violations of the Solid Waste Disposal Act, as amended (commonly referred to as RCRA), 42 U.S.C. 6901 et seq. Amended complaint entered November 22, 2010. The Bovoni partial Consent Decree settles violations of the Clean Air Act and RCRA alleged in the 2011 complaint, by requiring ongoing maintenance and operation of a gas collection and control system, properly engineered landfill closure, and the removal of scrap tire piles. The Anguilla partial Consent Decree embodies in a court-enforceable document a framework for the comprehensive environmental management of the Anguilla landfill over the next 10 years. The Decree settles violations of the Clean Air Act by requiring the installation and proper operation and maintenance of a Gas Collection and Control System, and settles RCRA violations by providing for improved landfill operations pending final closure, properly engineered final closure, and removal of scrap tires remaining at the landfill. The Virgin Islands' Defendants will pay a civil penalty and be liable for stipulated penalties for non-compliance with the Decree's requirements. The Decree also incorporates a provision whereby the Waste Management Authority will adopt and start to implement a waste diversion program on St. Croix intended to lessen the amount of waste being sent to the landfill. The final Consent Decree requires the Defendants will pay a civil penalty and remove the scrap tires for appropriate disposal in accordance with a specific schedule. Supplemental referral sent to DOJ on September 24, 2014 for a modification and enforcement of the CD. Motion to Enter Order Enforcing CD filed November 30, 2015. Hearing on Motion held March 22, 2015. Supplemental referral sent to DOJ on January 28, 2019 adding a count (CWA 404).

Defendants (4)

• Virgin Islands Waste Management Authority (VIWMA)Named in complaintNamed in settlement
• United States Government of the V.I. (The)Named in complaintNamed in settlement
• Virgin Islands Port AuthorityNamed in complaint
• Joseph and Zulma HodgeNamed in settlement

Facilities (5)

• ANGUILLA MUNICIPAL SOLID WASTE LANDFILL

  ESTATE ANQUILLA, CHRISTIANSTED, VI, 00820

  Registry ID: 110001915090

• BOVONI LANDFILL/VIWMA

  1A ESTATE BOVONI, ST. THOMAS ISLAND, VI, 00801

  Registry ID: 110040375572

• BOVONI LANDFILL

  BOVONI ROAD, SAINT THOMAS, VI, 00801

  Registry ID: 110040375572

• BOVONI LANDFILL/VIWMA

  1A ESTATE BOVONI, ST. THOMAS ISLAND, VI, 00801

  Registry ID: 110040375572

• BOVONI LANDFILL

  BOVONI ROAD, SAINT THOMAS, VI, 00801

  Registry ID: 110040375572

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CAA 112D — MACT Standards

Enforcement conclusions (3)

• United States Government of the Virgin Island et al. - Bovonientered 2012-12-21

  Primary law: CAA

  Federal penalty: $50,000

• United States Government of the Virgin Island et al. - Joseph and Zulma Hodgeentered 2013-09-07

  Primary law: CAA

  Federal penalty: $100,000

• United States Government of the Virgin Island et al. - Anguillaentered 2013-03-12

  Primary law: CAA

  Federal penalty: $50,000

Timeline (11 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-10-10Enforcement Action Data Entered
• 2009-12-29Supplemental Referral-Adding parties, counts
• 2010-05-21Complaint Filed With Court
• 2010-11-22Amended Complaint
• 2013-04-16Final Order Lodged
• 2013-09-07Final Order Entered
• 2013-09-26Supplemental Referral-Other
• 2014-09-24Supplemental Referral-Other
• 2019-01-28Supplemental Referral-Adding parties, counts
• 2019-09-19Supplemental Referral to DOJ for Consent Decree Enforcement-Sent