EPA v. GRAND BLANC LANDFILL INCORPORATED

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTIONS 3008(A) AND (C), AND SECTION 3005(E)(2) OF THE RESOURCE AND RECOVERY ACT OF 1976 (RCRA), AS AMENDED, 42 U.S.C. SECTION 6928(A) AND (C), AND SECTION 6925(E)(2). IDENTITY OF DEFENDANT: GRAND BLANC LANDFILL, INC., 2277 WEST GRAND BLANC ROAD, GRAND BLANC, MICHIGAN 48439. ALLEGED VIOLATIONS: PURSUANT TO AN ADMINISTRATIVE ACTION FILED AGAINST IT, GRAND BLANC ENTERED INTO A CONSENT AGREE- MENT AND FINAL ORDER (CAFO) IN WHICH IT AGREED TO COMPLETE CLOSURE AND TO PROVIDE FINANCIAL ASSURANCES FOR CLOSURE AND POST-CLOSURE. GRAND BLANC FAILED TO PERFORM EITHER OF THESE REQUIREMENTS WITHIN THE TIME STIPULATED IN THE CAFO. IN ADDITION GRAND BLANC LOST INTERIM STATUS BY FAILURE TO CERTIFY COMPLIANCE WITH GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY REQUIREMENTS BY THE STATUTORY DEADLINE OF NOVEMBER 8, 1985. PROPOSED RELEIF: EPA REQUESTS THE IMPOSITION OF A PERMA- NENT INJUNCTION REQUIRING COMPLIANCE WITH THE TERMS OF THE CAFO AND RECOMMENDS THE ASSESSMENT OF A CIVIL PENALTY PURSUANT TO SECTION 3008(C). RECENT CONTACTS WITH DEFENDANT: A LETTER FROM VALDUS ADAMKUS, REGIONAL ADMINISTRATOR, DENYING GRAND BLANC'S REQUEST FOR AN EXTENSION TO COMPLETE CLOSURE WAS FORWARDED TO GRAND BLANC ON JUNE 19, 1986. SIGNIFICANCE OF REFERRAL: THE EFFECTIVENESS OF THE ADMI- NISTRATIVE SETTLEMENT PROCESS WILL BE SERIOUSLY HAMPERED IF THE REGULATED COMMUNITY PERCEIVES THAT THE TERMS OF CONSENT AGREEMENTS AND FINAL ORDERS ARE NOT ACTIVELY ENFORCED THROUGH JUDICIAL ACTION. EVIDENCE OF VIOLATIONS:THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND COUNSEL FOR GRAND BLANC HAVE BOTH AFFIRMED IN RECENT CORRESPONDENCE THAT CLOSURE HAS NOT BEEN COMPLETED. DATE REFERRAL REQUEST APPEARED NECESSARY: APRIL 11, 1986. DATE REGIONAL ADMINISTRATOR SIGNED REFERRAL REQUEST: JUNE 30, 1986. OTHER SIGNIFICANT ASPECTS OF THE CASE: GRAND BLANC HAS FILED A PETITION TO HAVE THE HAZARDOUS WASTE ON SITE DELISTED AND CLAIMS IT SHOULD NOT BE COMPELLED TO CLOSE UNTIL THE AGENCY HS RULED ON THIS PETITION. GRAND BLANC HAS A HISTORY OF NONCOMPLIANCE WITH STATE SOLID WASTE REGULATIONS AND MOST RECENTLY WAS SUCCESSFUL IN THWARTING A STATE ADMINISTRATIVE ORDER TO CLOSE. THE FACILITY CONTINUES ITS SOLID WASTE DISPOSAL OPERATION UNDER A CIRCUIT COURT PRELIMINARY INJUNCTION.

Defendants (1)

• GRAN BLANC LANDFILL INCNamed in complaintNamed in settlement

Facilities (1)

• GRAND BLANC LANDFILL

  2277 W GRAND BLANC RD, RANKIN, MI, 48473

  Registry ID: 110000907733

Statutes cited

• RCRA 3005E — Res Conserv & Rec Act
• RCRA 3008C — Violation of Compliance Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• GRAND BLANC LANDFILLentered 1992-06-05

  Primary law: RCRA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-15Referred To Dept Of Justice
• 1987-01-30Complaint Filed With Court
• 1992-06-05Final Order Lodged
• 1992-06-05Final Order Entered
• 1992-06-05Concluded
• 1992-10-26Enforcement Action Closed