EPA v. Edgeboro Disposal Inc. et al.

Case summary

On August 13, 2008, EPA approved both a landfill Gas Collection and Control System (GCCS) design plan submitted by the Defendant, and an Alternative Operating Scenario (AOS), for a new GCCS at the Edgeboro landfill. The AOS contains requirements for the installation of the new GCCS that were intended to minimize emissions of landfill gas (LFG) to the greatest extent possible during its construction. EDI completed construction of the new GCCS in late 2009. The CD requires ongoing compliance with the Landfill NSPS and MACT, includes additional requirements that are specific to the new GCCS?s unique design, provides for a civil penalty to be paid collectively by the Defendants, and for stipulated penalties for any violations that occur while the CD is in effect. The CD requires that the additional provisions related to the new GCCS be incorporated into the facility title V operating permit so that they will survive termination of the CD. Because the new GCCS has already been installed by the Defendant, no further injunctive relief is required at this time with respect to the Edgeboro landfill. An adjacent gas-to-energy facility, operated by another Defendant, is permanently shut down, therefore, no injunctive relief is necessary with respect to that facility.

Defendants (4)

• Edgeboro, Inc.Named in complaint
• Neo Edgeboro, LLCNamed in complaintNamed in settlement
• O'Brien Biogas IV, LLCNamed in complaintNamed in settlement
• Edgeboro Disposal Inc.Named in complaintNamed in settlement

Facilities (3)

• EDGEBORO DISPOSAL - LANDFILL

  39 EDGEBORO ROAD, EAST BRUNSWICK, NJ, 08816

  Registry ID: 110000802640

• EDGEBORO DISPOSAL - LANDFILL

  39 EDGEBORO ROAD, EAST BRUNSWICK, NJ, 08816

  Registry ID: 110000802640

• EDGEBORO DISPOSAL - LANDFILL

  39 EDGEBORO ROAD, EAST BRUNSWICK, NJ, 08816

  Registry ID: 110000802640

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Edgeboro Disposal Inc. et al.entered 2010-08-30

  Primary law: CAA

  Federal penalty: $375,000 · State/local: $375,000

Timeline (6 milestones)

• 2007-08-28Referred To Dept Of Justice
• 2007-09-13Enforcement Action Data Entered
• 2010-07-13Final Order Lodged
• 2010-07-13Complaint Filed With Court
• 2010-08-30Concluded
• 2010-08-30Final Order Entered