EPA v. Municipality of Toa Alta

Case summary

On August 9, 2022 the District Court of Puerto Rico approved a proposed Stipulation and Preliminary Injunction Order for the Toa Alta Municipal Solid Waste Landfill. The Order was negotiated between the federal government and the Defendant taking into account concerns voiced by the local community in an environmental justice engagement process (including a public meeting and comment period) that was held earlier in 2022. The Order would require the Defendant to take several immediate actions to address urgent human health and environmental concerns at the landfill. Specifically, among other actions, the order requires the Defendant to: ensure all areas of exposed waste are covered by daily cover, stop all waste disposal at the landfill, with possible exceptions if allowed or required as part of a revised permanent closure plan for the landfill, prepared in accordance with Puerto Rico regulations and approved by the P.R. Department of Natural and Environmental Resources before any such disposal, install stormwater controls (berms, chutes, etc.) to stabilize the North Slope area of the landfill, cover the landfill with intermediate cover at the rate of one acre per month period during the first year and two acres per month thereafter until the entire Landfill has been covered, and develop a leachate management plan and a stormwater management plan and implement those plans. The order also includes reporting requirements and steps the Municipality must take to keep the community informed of developments relating to the landfill. On July 16, 2024 a federal court judge approved a second stipulation in a case against the Municipality under Section 7003 of RCRA alleging that the operation of the municipal solid waste landfill presented various imminent and substantial endangerments. This Second Stipulation and Final Order (SSFO) resolving two remaining outstanding issues in this Section 7003 proceeding includes: (a) provisions for how the Municipality is to proceed to address the problem of leachate collecting atop the liner beneath the waste disposal cell located in the southeastern portion of the landfill (with the agreement of the Puerto Rico Department of Natural and Environmental Resources (DNER), the SSFO provides for the Municipality to address the SE cell leachate problem under DNER oversight), and (b) payment of a civil penalty. The Municipality agreed to pay $50,000 for its violations of EPA?s 2017 administrative order, an amount commensurate with an evaluation by EPA?s outside consultant of the Municipality?s ability to pay assuming no restructuring of other planned municipal expenditures. A public comment period and a public meeting had been held, but no changes had been made in the SSFO. The Court also, sua sponte, dismissed as moot the United States? motion to enforce the Municipality's obligations under an earlier stipulation with one of the main remaining noncompliance issues being the Municipality?s delay in applying intermediate cover at the landfill. This motion was being held in abeyance with the United States required to file a new status report in September. In the SSFO the United States reserved its ability to seek court orders enforcing this earlier stipulation and the SSFO. DNER is in charge of overseeing permanent closure of the landfill (which is expected to include installation of a gas collection and containment system).

Defendants (1)

• Municipality of Toa AltaNamed in complaintNamed in settlement

Facilities (1)

• TOA ALTA MUNICIPAL LANDFILL (VERTEDERO MUNICIPAL)

  PR-165 KM 8.2 BO CONTORNO, TOA ALTA, PR, 00954

  Registry ID: 110040514397

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (2)

• Municipality of Toa Altaentered 2024-07-16

  Primary law: RCRA

  Federal penalty: $50,000

• Municipality of Toa Altaentered 2022-08-12

  Primary law: RCRA

Timeline (5 milestones)

• 2018-09-28Referred To Dept Of Justice
• 2018-10-01Enforcement Action Data Entered
• 2021-02-25Complaint Filed With Court
• 2024-02-13Final Order Lodged
• 2024-07-16Final Order Entered