EPA v. PITSCH SANITARY LANDFILL

Case summary

Pitsch Sanitary Landfill (Pitsch) owns and operates a solid waste landfill at 7905 Johnson Road, Belding, Michigan, which accepts waste including municipal and household solid waste. Michigan Department of Environmental Quality (MDEQ) issued four Violation Notices to Pitsch between July 2007 and September 2010 for violating the Clean Air Act (CAA) New Source Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAP), and provisions of Pitsch’s Title V permit. MDEQ attempted to negotiate an Agreed Order but was unable to reach a satisfactory settlement with Pitsch. Region 5 issued a Finding of Violation (FOV) to Pitsch on July 11, 2011 alleging violations of the NSPS General Provisions, 40 C.F.R. part 60 subpart A, and for Municipal Solid Waste Landfills, 40 C.F.R. part 60 subpart WWW; the NESHAP General Provisions, 40 C.F.R. part 63, subpart A, and for Municipal Solid Waste Landfills at 40 C.F.R. part 63, subpart AAAA; CAA Title V provisions; and conditions of its Renewable Operating Permit (ROP). Pitsch met with Region 5 to discuss the allegations on October 14, 2011. Subsequent discussions with Pitsch resulted in a May 8, 2012, Administrative Compliance Order on consent (ACO) with Pitsch, requiring Pitsch to conduct a series of emission tests at the landfill to document current emissions levels. Pitsch has completed 3 of 3 tests required by the ACO, and results demonstrate an expected low level of non-methane organic compounds being emitted from the landfill, well below the threshold that requires control installation. On August 13, 2012, we obtained approval from the Department of Justice and the Office of Enforcement and Compliance Assurance to resolve the case administratively. We commenced settlement negotiations, during which Pitsch provided information about their ability to pay and their net worth. We calculated a penalty, using the penalty policy and the net worth information. After further settlement discussions and consideration of Pitsch’s cooperation, we reached agreement with Pitsch on a final penalty amount of $70,000. Pitsch is spending a minimum of $400,000 on a Supplemental Environmental Project (SEP) to construct a sewer line to carry wastewater from the landfill, replacing a diesel tanker truck currently used to transport the wastewater. In consideration of the SEP and other factors, EPA and Pitsch agree to a cash penalty amount of $17,500. This CAFO resolves the enforcement action, sets forth the SEP requirements, and assesses a cash penalty amount of $17,500.

Defendants (1)

• PITSCH SANITARY LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• PITSCH SANITARY LANDFILL

  7905 JOHNSON ROAD, BELDING, MI, 48809

  Registry ID: 110012612994

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• PITSCH SANITARY LANDFILLentered 2013-07-12

  Primary law: CAA

  Federal penalty: $17,500 · SEP: $418,993

Timeline (3 milestones)

• 2013-07-12Complaint Filed/Proposed Order
• 2013-07-12Final Order Issued
• 2013-07-15Enforcement Action Data Entered