EPA v. H & R PAPER AND REFUSE LANDFILL

Case summary

A GAS COLLECTION SYSTEMS AT THE H & R LANDFILL STOPPED FUNCTIONING WHICH LED TO THE DETECTION OF EXPLOSIVE CON- CENTRATIONS OF METHANE GAS WITHIN 30 FEET OF RESIDENTIAL PROPERTIES. USEPA ISSUED 7003 TO ORDER PROCTER AND GAMBLE TO IMMEDIATELY REPAIR THE GAS COLLECTION SYSTEM. THE H & R LANDFILL CLOSED IN 1984. FROM 1972 THROUGH 1984, P & G SENT PAPER MILL WASTES TO THE LANDFILL, WHICH IS NOW OWNED BY AN INSOLVENT CORPORATION. IN 1988, THE WDNR INSTALLED A METHANE GAS EXTRACTION SYSTEM AT THE LANDFILL AND ENTERED IN A SETTLEMENT WITH THE LANDFILL OWNERS AND P & G. OVER THE YEARS SINCE, THE STATE HAS MONITORED THE LANDFILL. IN MAY 2000, WDNR NOTIFIED REGION 5 THAT IT HAD DETECTED SUB- SURFACE METHANE GAS OFFSITE WITHIN 30 FEET OF OCCUPIED RESIDENTIAL PROPERTIES. EPA CONFIRMED THE WDNR SAMPLING RESULTS AND INSTALLED METHANE MONITORS IN THE BASEMENTS OF THE RESIDENCES. THE CITY OF GREEN BAY AND WDNR REPAIRED A PUMP IN THE GAS EXTRACTION SYSTEM WHICH SEEMED TO ADDRESS THE PROBLEM. HOWEVER, IN THE SPRING OF 2001 METHANE GAS CONCENTRATIONS RETURNED TO THE MAY 2000 LEVELS MAKING IT CLEAR THAT REPAIR OF THE PUMP ALONE WOULD NOT ADDRESS THE ISSUE. SINCE THE STATE SETTLEMENT WITH P & G PROBABLY PRECLUDED THE STATE FROM REQUIRING ADDITIONAL WORK FROM P & G, REGION 5 AGREED TO ISSUE THE 7003 ORDER. BASED ON PRE-ISSUANCE NEGOTIATIONS WITH P & G, REGION 5 EXPECTS THAT P & G, REGION 5 EXPECTS THAT P & G WILL COMPLY WITH THE ORDER AND WILL ABATE THE SITUATION BEFORE THE END OF THIS CONSTRUCTION SEASON.

Defendants (2)

• H & R LANDFILLNamed in settlement
• THE PROCTER & GAMBLE PAPER PRODUCTS CO.Named in settlement

Facilities (1)

• H & R LDFL

  FINGER RD, GREEN BAY, WI, 54301

  Registry ID: 110010594259

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• H & R PAPER AND REFUSE LANDFILLentered 2001-09-27

  Primary law: RCRA

Timeline (3 milestones)

• 2001-09-27Final Order Issued
• 2001-10-11Enforcement Action Data Entered
• 2001-12-01Enforcement Action Closed