EPA v. Municipality of Vega Baja et al.

Case summary

Based on EPA inspections findings of improper design and operation, location within a floodplain and within or adjacent to a wetland, past CWA violation and enforcement (filling in wetlands), and uncontrolled stormwater and leachate releases, EPA determined that the Vega Baja MSWLF Facility that may present an imminent and substantial endangerment to human heath and the environment. This AOC, which supersedes a prior AOC concerning the landfill, requires that waste disposal cease at the existing landfill cell by July 1, 2013 and that permanent closure be completed thereafter, in accordance with an EPA approved timetable. A fully compliant, limited-life new landfill cell is projected to be developed by the Respondents to help provide resources for the landfill closure activities. The AOC incorporates a Recycling and Green Waste Management program, which includes development of a materials recovery facility, restrictions on landfill disposal of bulk recyclables, ash and green waste, and a household recycling program as well as an educational and outreach component. Respondents will install a Gas Collection and Control System at the landfill, if required under the Clean Air Act due to the landfill’s total projected capacity, or will install an alternative energy recovery system that captures gas from the landfill, if projected total landfill capacity remains below the CAA regulatory cut-off level.

Defendants (2)

• Municipality of Vega BajaNamed in settlement
• LaVega Landfill & Resources, Inc. (SB)Named in settlement

Facilities (2)

• VEGA BAJA MUNICIPAL LANDFILL

  PR 688 CIBUCA, VEGA BAJA, PR, 00763

  Registry ID: 110028183604

• LA VEGA BAJA MUNICIPAL LANDFILL

  PR 692, BO CIBUCO, VEGA BAJA, PR, 00693

  Registry ID: 110028183604

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• Municipality of Vega Baja et al.entered 2012-09-10

  Primary law: RCRA

Timeline (3 milestones)

• 2012-09-10Enforcement Action Closed
• 2012-09-10Final Order Issued
• 2012-10-09Enforcement Action Data Entered