Based on EPA inspections findings of improper design and operation, location within a floodplain and within or adjacent to a wetland, past CWA violation and enforcement (filling in wetlands), and uncontrolled stormwater and leachate releases, EPA determined that the Vega Baja MSWLF Facility that may present an imminent and substantial endangerment to human heath and the environment.
This AOC, which supersedes a prior AOC concerning the landfill, requires that waste disposal cease at the existing landfill cell by July 1, 2013 and that permanent closure be completed thereafter, in accordance with an EPA approved timetable. A fully compliant, limited-life new landfill cell is projected to be developed by the Respondents to help provide resources for the landfill closure activities. The AOC incorporates a Recycling and Green Waste Management program, which includes development of a materials recovery facility, restrictions on landfill disposal of bulk recyclables, ash and green waste, and a household recycling program as well as an educational and outreach component. Respondents will install a Gas Collection and Control System at the landfill, if required under the Clean Air Act due to the landfillÂs total projected capacity, or will install an alternative energy recovery system that captures gas from the landfill, if projected total landfill capacity remains below the CAA regulatory cut-off level.