EPA v. BFI MEDICAL WASTE SYSTEMS OF ARIZONA, INC.

Case summary

BFI OWNS AND OPERATES A MEDICAL WASTE INCINERATOR AT THE MARICOPA MEDICAL CENTER IN PHOENIX, ARIZONA, WHICH IS LOCATED WITHIN THE JURISDICTION OF THE DIVISION OF AIR POLLUTION CONTROL OF MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT. BFI LOADS MEDICAL WASTE INTO THE INCINERATOR'S PRIMARY CHAMBER, IN WHICH THE WASTE IS BURNED AT 1400 DEG. F AND REDUCED TO ASH. WHEN THE INCINERATOR WAS NOT OPERATING PROPERLY, THE WASTE MATERIAL SMOLDERED, RESULTING IN THE RELEASE OF EXCESS PARTICULATE MATTER TO THE ATMOSPHERE. THESE RELEASES CAUSED OPACITY PROBLEMS AT THE INCINERATOR. MARICOPA DAPC RULE 20 REQUIRES A PERSON TO OBTAIN AN INSTALLATION PERMIT FROM THE MARICOPA DAPA PRIOR TO ERECTING, INSTALLING, OR REPLACING EQUIPMENT THAT MAY AFFECT AIR POLLUTION. MARICOPA DAPC RULE 35 REGULATES THE USE OF INCINERATORS AND PROVIDES THAT NO PERSON SHALL EMIT INTO THE ATMOSPHERE FROM ANY INCINERATOR FOR AN AGGREGATE OF MORE THAN THIRTY SECONDS IN ANY SIXTY MINUTES, SMOKE THE APPEARANCE, DENSITY, OPACITY OR SHADE OF WHICH IS DARKER THAN 20 PERCENT OPACITY. RULES 20 AND 35 ARE PART OF THE FEDERALLY APPROVED AND FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN SUBMITTED TO EPA BY THE STATE OF ARIZONA PURSUANT TO SECTION 110 OF THE ACT. EPA HAS DETERMINED THAT BFI VIOLATED MARICOPA DAPC RULES 20 AND 35 BY REPEATEDLY EMITTING INCINERATOR EXHAUST GASES TO THE ATMOSPHERE THAT EXCEEDED 20 PERCENT OPACITY FOR MORE THAN 30 SECONDS IN ANY 60 MINUTES. BFI ALSO VIOLATED MARICOPA DAPC RULE 20 BY FAILING TO INSTALL CONTROL EQUIPMENT, CONDUCT A PERFORMANCE TEST, AND SUBMIT THE RESULTS OF THE PERFORMANCE TEST BY THE DEADLINES SET FORTH IN ITS INSTALLATION PERMIT. EPA ISSUED A FINDING AND NOTICE OF VIOLATION TO BFI ON JANUARY 12, 1995, FOR VIOLATIONS OF MARICOPA DAPC RULES 20 AND 35.

Defendants (1)

• BFI MEDICAL WASTE SYSTEMS OF AZ., INC.Named in complaintNamed in settlement

Facilities (1)

• BFI MEDICAL WASTE SYSTEMS

  2609 E ROOSEVELT ST, PHOENIX, AZ, 850080000

  Registry ID: 110000886186

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BFI MEDICAL WASTE SYSTEMS OFentered 1996-02-23

  Primary law: CAA

  Federal penalty: $125,000

Timeline (7 milestones)

• 1994-12-20Enforcement Action Data Entered
• 1995-07-27Referred To Dept Of Justice
• 1996-02-20Complaint Filed With Court
• 1996-02-23Final Order Lodged
• 1996-02-23Final Order Entered
• 1996-02-23Concluded
• 1996-04-03Enforcement Action Closed