EPA v. Municipality of Juncos - Juncos Municipal Landfill

Case summary

The landfill facility encompasses approximately 41 acres of which approximately 34 acres contain waste. Residential homes are located approximately 200 meters to the west of the waste footprint. The Landfill is situated over a drinking water aquifer which is an important source of public drinking water supply and is close to seven PRASA drinking water wells. The Landfill currently receives an average of 85 tons per day of solid waste from the Municipality itself, an average of 190 tons per day of solid waste from six other cities, and a limited amount of waste from commercial sources (approximately 10 %). As part of its strategy to deal with its ongoing solid waste needs, the Municipality intends to develop a fully compliant new landfill cell. Authorized representatives of EPA have inspected the Landfill and observed evidence of disease vectors, buried automobiles, scavengers, after hours dumping, lack of inspections of incoming wastes, potentially unstable slopes, and insufficient lack of daily cover. The Landfill has inadequate stormwater runoff controls and has no retention or treatment of stormwater and intercepted leachate which originates from the Landfill and flows overland to two receiving creeks. The Landfill has rusting, out-of-service leachate tanks. It does not have an operational explosive gases control system. There are inadequate controls to restrict public access. Unauthorized individuals have been seen on the Landfill site picking through waste after hours; nothing prevented these individuals from entering the Landfill. Respondent presently conducts limited recycling in the Municipality. The lack of proper operational controls at the Landfill, including insufficient cover material, lack of run-off controls, lack of stormwater controls and leachate collection, lack of adequate impermeable liners, lack of proper groundwater monitoring, lack of explosive gases control, and lack of access controls at the Landfill all contribute to the handling and disposal of solid waste in a manner that may present an imminent and substantial endangerment to human health and the environment. The Order, taking account of this potential endangerment, includes a determination that issuance of the Order is necessary to protect public health and the environment. The Order on Consent requires Respondent to permanently stop receiving waste deposits at the old, active cell by December 31, 2014, unless EPA agrees to a later date. The Respondent is ordered to undertake permanent closure and post closure care of this cell. Respondent is required to address security concerns, inspect all in-coming loads, cover disposed waste, and improve leachate interception and collection and stormwater controls. Respondent would also delineate the boundaries of the Landfill more precisely, implement and upgrade if necessary a plan for ground water monitoring, and install a gas control system. The Order contains a Recycling and Green Waste Management Program involving household recycling, restrictions on disposal of recyclable materials, green waste, ash, scrap tires and white goods at the landfill, and educational outreach. The Recycling Program is to include the transfer of materials to a Materials Recovery Facility (MRF) or, if determined to be economically viable, the establishment of a MRF at or near the Landfill. The Order contains provisions requiring landfill gas to energy systems and an integrated geomembrane and photovoltaic power generation system applied as a closure system if economically viable. The Order also contains other provisions that are customary in Region 2 Orders, which preserve EPA’s enforcement rights, and provide for stipulated penalties.

Defendants (1)

• Municipality of JuncosNamed in settlement

Facilities (2)

• JUNCOS MUNICIPAL LANDFILL

  BREWSTER RD GURABO ABAJO, JUNCOS, PR, 00777

  Registry ID: 110015666563

• JUNCOS MUNICIPAL LANDFILL

  CAMINO DEL VERTEDERO MUNICIPAL, JUNCOS, PR, 00777

  Registry ID: 110015666563

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Juncos - Juncos Municipal Landfillentered 2012-09-27

  Primary law: RCRA

Timeline (3 milestones)

• 2012-09-27Enforcement Action Closed
• 2012-09-27Final Order Issued
• 2012-10-09Enforcement Action Data Entered