EPA v. CENTRAL WAYNE CO SAN

Case summary

NATURE OF THE CASE: THIS IS A CIVIL ACTION SEEKING INJUNCTIVE RELIEF AGAINST CENTRAL WAYNE COUNTY SANITATION AUTHORITY (CWCSA) FOR VIOLATIONS OF PARTICULATE MASS & VISIBLE EMISSION REGULATIONS AT ITS REFUSE INCINERATOR & DISPOSAL PLANT IN DEARBORN HEIGHTS, MI. CAUSE OF ACTION: CWCSA IS A QUASI-PUBLIC CORP. CREATED BY 5 NEIGHBOR- ING COMMUNITIES IN 1955 TO PROVIDE A MEANS FOR DISPOSING OF THEIR REFUSE. ON JULY 20, 1978, EPA NOTIFIED CWCSA THAT ITS 3 INCINERATORS WERE OPERATING IN VIOLATION OF WAYNE CO. ART. VI, SEC. 6.1, CONCERNING VISIBLE EMISSIONS, & SEC. 6.2 CONCERNING THE CONTROL OF PARTICULATE MATTER. THESE REGULATIONS ARE PART OF THE FED. APPROVED MI. ST. IMPLEMENTATION PLAN. EVIDENCE OF THE VIOLATIONS CONSISTS OF STACK TESTS & VISIBLE EMISSIONS READINGS. FURTHER EVIDENCE IS THE CWCSA'S ADMISSION IN COURT PROCEEDING THAT IT HAS NOT INSTALLED THE NECESSARY POLL. CONTROL EQUIP. THE VIOLATIONS HAVE CONT. BEYOND THE 30TH DAY FROM CWSCA'S RECEIPT OF A NOTICE OF VIOLATION, THEREBY GIVING RISE TO A CAUSE OF ACTION PURSUANT TO SEC 113(B) OF THE ACT. THE WAYNE CO. DEP. OF HEALTH (WCDH) & THE ST. OF MI. HAVE BEEN UNSUCCESSFUL IN OBTAINING COMPLIANCE AT THE FACILILTY AFTER MORE THAN 4 YRS OF NEGOT. WITH CWSCA. CWSCA HAS VIOLATED 2 PREVIOUS STATE CONSENT JUDGMENTS & IT HAS RECENTLY SIGNED A 3RD CONSENT JDGMT THAT PROVIDES INADEQ. ASSURANCE THAT THE FAC. WILL ACHIEVE COMPLIANCE WITH THE APPLICABLE REGULATIONS. PROPOSED REMEDY: THE PROPOSED SUIT WOULD SEEK A COURT ORDER REQUIRING THE INSTALLATION OF CONTROLS &/OR THE CLOSING OF NON-COMPLYING INCINERATORS. 2 KINDS OF WET ELECTROSTATIC PRECIPITATORS (ESP'S) HAVE BEEN PILOT- TESTED AT THIS FACILITY. THE PILOT PLANT TESTS INDICATED THAT EITHER ESP, IF INSTALLED AT CWCSA, WOULD BRING THIS FACILITY INTO COMPLIANCE. THE COST FOR EITHER SYS., INCLUDING ALL ASSOC. COSTS, WOULD BE APPROX. $10 MILLION. EPA ESTIMATES THAT IT WILL REQUIRE AT LEAST 18 MO. FOR CWCSA TO INSTALL CONTROLS ON ALL 3 INCINERATORS. THE ALT. METHOD OF COMPLIANCE, SHUTTING DOWN THE INCINERATORS, WOULD REQUIRE CWSCA TO USE ANOTHER METHOD OF WASTE DISP. ALL THE NEIGHBORING COMMUNITIES DISPOSE OF MOST, IF NOT ALL, OF THEIR REFUSE IN LANDFILLS. IT WOULD TAKE CWSCA 2-3 YRS TO BUILD ITS OWN LANDFILL. EPA EXPECTS THAT CWSCA WILL CHOOSE TO INSTALL CONTROLS ON THE INCINERATORS. THE INCINERATORS WILL HAVE TO BE SHUT DOWN WHILE THE CONTROLS ARE BEING INSTALLED & CWSCA WILL NEED TO ARRANGE FOR SOME ALT. METH. OF REFUSE DISP. DURING THAT TIME. CWSCA HAS NOT YET TAKEN STEPS TO ARRANGE FOR SUCH ALT. DISPOSAL. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: THIS CASE PRESENTS 2 NATIONALLY SIGNIFICANT ISSUES: 1. WHAT POSTURE SHOULD EPA TAKE BEFORE A COURT REGARDING SOURCES IN NON-ATTAINMENT AREAS WHICH CANNOT COME INTO COMPLIANCE BY 12/31/82. BECAUSE THIS FACILITY HAS BEEN SO SLOW TO TAKE THE STEPS NEC. TO COME INTO COMPLIANCE, IT CANNOT NOW INSTALL POLL. CONTROLS BY 12/31/82. IT IS ALSO UNLIKELY THAT IT WILL BE ABLE TO ARRANGE FOR LANDFILL DISP. FACIILITIES, EVEN ON A TEMP. BASIS, BY 12/31/82. FAILURE TO DISPOSE OF THE REFUSE WOULD CREATE A MUCH MORE SERIOUS HEALTH PROBLEM THAN THE PRESENT AIR POLL. DOES. IN THIS CASE, WE RECOMMEND SEEKING A CONSENT DECREE OR A COURT ORDER WHICH WOULD REQUIRE CWCSA TO COME INTO COMPLIANCE AS EXPEDITIOUSLY AS POSSIBLE, EVEN THOUGH COMPLIANCE MAY NOT BE ATTAIN

Defendants (1)

• CENTRAL WAYNE CTY SANITAT AUTHNamed in complaintNamed in settlement

Facilities (1)

• CENTRAL WAYNE COMPANY SANITATION AUTHORITY

  4901 S INKSTER RD, DEARBORN HTS, MI, 48125

  Registry ID: 110002379514

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CENTRAL WAYNE CTY SANITATIONentered 1984-08-14

  Primary law: CAA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1982-04-01Referred To Headquarters
• 1982-07-07Referred To Dept Of Justice
• 1982-12-07Referred TO U.S. Attorney
• 1982-12-22Complaint Filed With Court
• 1984-08-14Concluded
• 1984-08-14Final Order Lodged
• 1984-08-14Final Order Entered
• 1984-08-20Enforcement Action Closed