EPA v. GARY SANITARY LANDFILL

Case summary

The City of Gary owns and operates the Gary Sanitary Landfill (the Landfill). EPA inspected the Landfill on November 30, 2015 and February 4, 2016, and issued a Notice of Violation/Finding of Violation on March 9, 2016. The Landfill has uncontrolled nonmethane organic compound emissions greater than 50 megagrams per year. The Landfill is subject to NSPS Subpart WWW and NESHAP Subpart AAAA, for municipal solid waste landfills. These regulations require the Landfill to be operated with an active gas collection and control system (GCCS). The landfill operated with 25 passive collection wells, with only 8 utilizing active collection. Thus Gary failed to install or operate the GCCS in compliance with Subpart WWW. Records indicated that over 5 years, the gas vent flare and active system were not run for 31% of total operating days. The November 2015 inspection found that the main blower and multiple flares were not operational and that flares were not routinely monitored. The February 2016 inspection found that the main header line to the flare was disconnected, bypassing controls. The response to EPA's information request found that the city had only performed surface emissions monitoring once over 5 years, and failed to address exceedances found during said monitoring. Based on the 2015 inspection and the response to the Information Request, Gary failed to monitor pressure, nitrogen/oxygen, and temperature at the landfill gas wells. The Consent Decree was entered on January 5, 2021. As part of the settlement, Gary must install a compliant GCCS by 10/27/2022 and pay $20,000 by 2/5/2021. Progress reports must be submitted every 6 months. The CD will extend for a minimum of 2 years after completion of the GCCS, with reports on compliance of operational requirements. 12 months of compliance are required for termination of the CD. Installing a compliant GCCS and operating it in accordance with the regulations will ensure that the majority of landfill gas generated on site, including methane, volatile HAPs, and VOCs, will be captured and controlled. This has benefits in reducing health risks from air toxics exposure, reducing the Landfill's contributions to regional ozone non-attainment, and reducing the Landfill's contribution to global warming.

Defendants (1)

• GARY SANITARY LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• GARY SANITARY LANDFILL

  1900 BURR ST, GARY, IN, 46406-2600

  Registry ID: 110040494523

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• GARY SANITARY LANDFILLentered 2021-01-05

  Primary law: CAA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2016-09-23Referred To Dept Of Justice
• 2016-09-26Enforcement Action Data Entered
• 2020-10-27Final Order Lodged
• 2020-10-27Complaint Filed With Court
• 2021-01-05Final Order Entered