EPA v. Municipality of Santa Isabel

Case summary

On June 23, 2017, the U.S. District Court for the District of Puerto Rico entered a consent decree resolving EPA's claims against the Municipality, pursuant to RCRA 7003. The lawsuit concerns the Municipality's solid waste landfill, whose operations and management EPA has determined may pose a potential imminent and substantial endangerment to human health and the environment. A civil complaint, which was filed when the consent decree was lodged with the court, alleges that the Municipality failed to fully comply with certain provisions of prior negotiated administrative orders issued by EPA for work at the landfill. Under the consent decree, the Municipality must: (a) provide site security and fencing, (b) maintain interim cover to help control odors, trash, and disease transmission routes, (c) complete permanent closure of the landfill by July 2019 and thereafter perform post-closure care, including the installation and operation of a groundwater monitoring system, (d) implement recycling and pilot composting programs to reduce waste disposal costs, and (e) implement a mosquito control plan to help fight diseases associated with the Zika virus that have adversely affected Puerto Rico. The Municipality must also pay a civil penalty of $20,000.

Defendants (1)

• Municipality of Santa IsabelNamed in complaintNamed in settlement

Facilities (1)

• SANTA ISABEL MUNICIPAL LANDFILL

  CARR 543, KM 4.0 (NORTH OF 52), SANTA ISABEL, PR, 00757

  Registry ID: 110024438429

Statutes cited

• RCRA 3008C — Violation of Compliance Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• Municipality of Santa Isabelentered 2017-06-23

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (6 milestones)

• 2012-06-12Referred To Dept Of Justice
• 2012-06-13Enforcement Action Data Entered
• 2017-04-12Final Order Lodged
• 2017-04-12Complaint Filed With Court
• 2017-06-23Final Order Entered
• 2017-06-23Concluded