EPA v. MICHIGAN WASTE SYSTEMS, INC.

Case summary

IN 1984, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ISSUED A COMPLAINT ALLEGING THAT THE WOODLAND MEADOWS NORTH LANDFILL, LOCATED IN WAYNE COUNTY, MICHIGAN, AND OPERATED BY MICHIGAN WASTE SYSTEMS, INC. (MICHIGAN WASTE), DID NOT MEET THE REQUIREMENTS FOR GROUND WATER MONITORING WITH REPECT TO 40 DFC 265.90, 91, 92 AND 93. A TRIAL WAS HELD IN DECEMBER 1986. ON SEPTEMBER 30, 1991, ADMINISTRATIVE LAW JUDGE J. F. GREENE ISSUED AN INITIAL DECISION ASSESSING AN ADMININSTRATIVE PENALTY OF $9,825 AND ORDERING MICHIGAN WASTE TO TAKE CERTAIN ACTIONS TO BRING IT- SELF INTO COMPLIANCE WITH THE APPLICABLE REGULATIONS. THE INITIAL DECISION REDUCED TO $9,825 THE $35,300 PENALTY THAT U.S. EPA REQUESTED BE ASSESSED AGAINST MICHIGAN WASTE. ON OCTOBER 22, 1991, U.S. EPA FILED AN APPEAL OF JUDGE GREENE'S PENALTY DETERMINATION. THE APPEAL ASSERTED THAT THE JUDGE GREEN MISAPPLIED CERTAIN CRITERIA OF THE U.S. EPA RCRA CIVIL PENALTY POLICY, MAY 8, 1984, AND ERRED IN DISMIS- SING CERTAIN VIOLATIONS. MORE SPECIFICALLY, THE APPEAL CONTENDS THAT THE PRESIDING JUDGE: (1) MISAPPLIED THE PENALTY POLICY IN REDUCING THE PROPOSED PENALTY FOR THE VIOLATION OF 40 CFR  265.90(A) AND 265.90 (B) TO COMPENSATE RESPONDENT FOR ITS POST-COMPLAINT COMPLIAN CE COSTS THAT WERE NOT SHOWN TO BE UNAFFORDABLE. THE APPEAL REQUESTED THAT THE PRESIDING OFFICER'S ORIGINALLY ASSESSED PENALTY OF $9,000 BE REINSTATED AND HER 40-PERCENT DOWNWARD PENALTY ADJUSTMENT TO $5,400 SHOULD BE VACATED; AND (2) ERRONEOUSLY CONCLUDED THAT RESPONDENT DERIVED NO ECONO- MIC BENEFIT FROM NONCOMPLIANCE WITH 40 CFR  265.91(A)(2). RESPONDENT SHOULD BE ASSESSED THE PROPOSED PENALTY OF $3,015 FOR THE ECONOMIC BENEFIT DERIVED FROM DELAYED COMPLIANCE WITH A SUITABLE GROUNDWATER MONITORING PROGRAM. THE CAFO RESOLVES THE ISSUES CONTAINED IN U.S. EPA'S APPEAL OF JUDGE GREENE'S PENALTY DETERMINATION BY (1) REINSTATING THE FULL $9,000 THAT THE PRESIDING OFFICER ORGINALLY ASSESS- ED FOR VIOLATING 40 CFR  265.90(A) AND 265.90(B); AND (2) INCLUDING THE PROPOSED PENALTY OF $3,015 FOR THE ECONOMIC BENEFIT DERIVED FROM DELAYED COMPLIANCE WITH A SUITABLE GROUNDWATER MONITORING PROGRAM. IN ADDITION, THE PRESIDING OFFICER'S ORIGINALLY ASSESSED PENALTY OF 4250 FOR VIOLATING 40 CFR 265.93(D)(2),(D)(3), (D)(4) AND (D)(5) WAS INCREASED TO $6,500, WHICH WAS THE ORIGINAL PENALTY AMOUNT U.S. EPA REQUESTED (LESS THE 15% INCREASE FOR DEGREE OF WILLFULLNESS AND/OR NEGLIGENCE).

Defendants (1)

• MICHIGAN WASTE SYSTEMS, INC.Named in complaintNamed in settlement

Facilities (2)

• WOODLAND MEADOWS LANDFILL

  4620 HANNAN ROAD, CANTON, MI, 481880000

  Registry ID: 110007593979

• WOODLAND MEADOWS LANDFILL

  4620 HANNAN ROAD, CANTON, MI, 481880000

  Registry ID: 110007593979

Statutes cited

• RCRA 3004A — Res Conserv & Rec Act

Enforcement conclusions (1)

• MICHIGAN WASTE SYSTEMS, INC.entered 1998-04-14

  Primary law: RCRA

  Federal penalty: $9,825

Timeline (4 milestones)

• 1984-07-06Complaint Filed/Proposed Order
• 1998-04-14Final Order Issued
• 1998-05-11Enforcement Action Closed
• 1998-05-21Enforcement Action Data Entered