EPA v. MARQUETTE COUNTY SOLID WASTE MANAGEMENT

Case summary

Marquette County Solid Waste Management Authority (MCSWMA) owns and operates a municipal solid waste (MSW) landfill at 600 County Road NP, Marquette, Michigan (the Landfill). The U.S. Environmental Protection Agency issued a Finding of Violation to MCSWMA on June 16, 2011 for violating Sections 111(e) and 503 of the Clean Air Act, 42 U.S.C. §§ 7411(e) and 7661b; the Standards of Performance for MSW Landfills at 40 C.F.R. Part 60, Subpart WWW (the MSW Landfills NSPS); and the regulations implementing Title V set forth at 40 C.F.R. Part 70 at the Landfill. Specifically, MCSWMA failed to 1) install a nonmethane organic compound (NMOC) collection and control system meeting the requirements of 40 C.F.R. § 60.752(b)(2)(ii) and (iii) between July 2, 2002 and September 17, 2009; 2) collect the NMOC gas generated within the Landfill, route it to a control system meeting the requirements of 40 C.F.R. § 60.752(b)(2)(iii)(A), (B), or (C), and operate the installed collection and control device in accordance with 40 C.F.R. §§ 60.753, 60.755, and 60.756 between July 2, 2002 and September 17, 2009; and 3) submit a Title V permit application for the Landfill to the Michigan Department of Environmental Quality (MDEQ). MCSWMA triggered the need to comply with these requirements by commencing construction on or about October 4, 1999 of a horizontal expansion of the Landfill, authorized by MDEQ on March 6, 1996 through Construction Permit No. 0337, which increased the design capacity of the Landfill in excess of the mass and volume applicability thresholds of the MSW Landfills NSPS and resulted in an NMOC emission rate from the Landfill in excess of 50 megagrams/year. Following a September 17, 2009, contraction of the Landfill, authorized by MDEQ through Construction Permit No. 4105, the maximum design capacity of the Landfill fell below the applicability thresholds of the MSW Landfills NSPS. EPA discovered these violations after reviewing MCSWMA's June 11, June 25, and September 9, 2010 responses to an April 9, 2010, information request. EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). Under this CAFO, MCSWMA will pay a civil penalty of $76,348.

Defendants (1)

• MARQUETTE COUNTY SOLID WASTE MANAGEMENTNamed in complaintNamed in settlement

Facilities (1)

• MARQUETTE COUNTY SOLID WASTE MANAGEMENT AUTHORITY

  600 COUNTY ROAD NP, MARQUETTE, MI, 49855

  Registry ID: 110007270880

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MARQUETTE COUNTY SOLID WASTE MANAGEMENTentered 2013-08-21

  Primary law: CAA

  Federal penalty: $76,348

Timeline (3 milestones)

• 2013-08-21Final Order Issued
• 2013-08-21Complaint Filed/Proposed Order
• 2013-08-22Enforcement Action Data Entered