EPA v. Toa Baja Municipal Solid Waste Landfill

Case summary

Based on EPA inspections findings of improper design and operation, location within karst topography, adjacent to a residential community, and uncontrolled stormwater, landfill gas, and leachate releases, EPA determined that the Toa Baja MSWLF Facility that may present an imminent and substantial endangerment to human heath and the environment. Respondents Toa Baja, the current owner/operator and Landfill Tech, the current operator, have in the past contributed to and are now contributing to the handling and disposal of solid waste at the Facility. Respondents Bayamon, a past owner/operator, had in the past contributed to the handling and disposal of solid waste at the Facility. Respondent, Puerto Rico Land Authority as recent owner of the Toa Baja MSWLF Facility has in the past contributed to the handling and disposal of solid waste at the Facility. EPA orders the landfill to be capped and closed, including a gas collection and control system (GCCS) with post-closure care of at least 30 years. Amended Order established September 30, 2014 as the final date for ceasing waste disposal at the Toa Baja Landfill and provides for specific interim measures and permanent closure and post-closure care of the existing landfill cell. The Amendment also incorporates the requirement for the development and implementation of a Recycling and Green Waste Management Plan and the installation and operation of an energy recovery system in conjunction with the gas collection system.

Defendants (2)

• Landfill Technologies Corp.Named in settlement
• Puerto Rico Municipality of Toa BajaNamed in settlement

Facilities (1)

• TOA BAJA LANDFILL

  PR-865 AT RTE 22 CANDELARIA, TOA BAJA, PR, 00951

  Registry ID: 110043806646

Statutes cited

• CAA 111 — New Source Performance Standards
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (2)

• Toa Baja Municipal Solid Waste Landfillentered 2008-09-19

  Primary law: RCRA

• Toa Baja Municipal Solid Waste Landfillentered 2012-09-26

  Primary law: RCRA

Timeline (3 milestones)

• 2008-03-27Enforcement Action Data Entered
• 2012-09-26Final Order Issued
• 2012-09-26Enforcement Action Closed