EPA v. Middlesex County Utilities Authority et al.

Case summary

The Middlesex Landfill is one of two landfill areas located at 39 Edgeboro Road, East Brunswick, New Jersey. A closed and capped MSW landfill, owned by one of the Defendants, is constructed directly adjacent to and beneath the Middlesex Landfill, and was the subject of a separate FY 07 litigation report. The waste in the two landfill areas is physically separated by a clay cap and geo-synthetic liner system. A Complaint, filed simultaneously with the CD, alleges that the Defendants violated the CAA and the MSW landfill regulations promulgated under the CAA at 40 C.F.R. Part 60, Subpart WWW, and 40 C.F.R. Part 63, Subpart AAAA. Specifically, the Complaint alleges that the Defendants failed to properly monitor the surface of the landfill for methane exceedances, failed to maintain records and report the results of such monitoring, failed to take action to correct the surface methane exceedances detected at the landfill, failed to properly operate the gas collection portion of the landfill gas collection and control system (GCCS) by failing to route all collected gases to the control system, failing to measure landfill gas flow to the control device, failing to operate with negative pressure at each wellhead, failing to operate within proper temperature and oxygen ranges, and failing to properly monitor, keep records of and report on such GCCS operations. This Consent Decree (CD) resolves violations of the Clean Air Act (CAA) that are alleged against three defendants. As part of this settlement, Region 2 and the New Jersey DEP negotiated the design and installation of an expanded GCCS at the landfill. The Defendant also agreed to design and install a state-of-the-art impermeable liner system that will serve both to control air emissions from the Edgeboro landfill underneath, and to allow for an expansion of the Middlesex County landfill on top of the Edgeboro landfill. The new impermeable liner system was installed over the last year. The CD requires compliance with the CAA and the MSW landfill regulations, provides for a civil penalty, and for stipulated penalties for any violations that occur while the CD is in effect.

Defendants (4)

• Middlesex Gas Company LLC
• NERC Middlesex Gas Co. LLCNamed in complaintNamed in settlement
• Middlesex County Utilities AuthorityNamed in complaintNamed in settlement
• Middlesex Generating Co., LLCNamed in complaintNamed in settlement

Facilities (3)

• MIDDLESEX COUNTY LANDFILL

  53 EDGEBORO RD, EAST BRUNSWICK, NJ, 088161636

  Registry ID: 110000802640

• MIDDLESEX COUNTY LANDFILL

  53 EDGEBORO RD, EAST BRUNSWICK, NJ, 088161636

  Registry ID: 110000802640

• MIDDLESEX COUNTY LANDFILL

  53 EDGEBORO RD, EAST BRUNSWICK, NJ, 088161636

  Registry ID: 110000802640

Statutes cited

• CAA 112D — MACT Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• Middlesex County Utilities Authority et al.entered 2010-11-22

  Primary law: CAA

  Federal penalty: $665,075 · State/local: $665,075

Timeline (8 milestones)

• 2007-09-21Referred To Dept Of Justice
• 2007-10-09Enforcement Action Data Entered
• 2010-08-09Complaint Filed With Court
• 2010-08-09Final Order Lodged
• 2010-11-22Concluded
• 2010-11-22Final Order Entered
• 2015-08-18Enforcement Action Closed
• 2015-08-18Air Resolved