# MICHIGAN WASTE SYSTEMS, INC.
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `30941`
- **Case Number:** 05-1998-0327
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** —
- **Compliance action $:** $600K
- **Multimedia (multi-env):** N
## Defendants
- MICHIGAN WASTE SYSTEMS, INC. (complaint) (settlement)
## Summary

IN 1984, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY   (U.S. EPA) ISSUED A COMPLAINT ALLEGING THAT THE WOODLAND     MEADOWS NORTH LANDFILL, LOCATED IN WAYNE COUNTY, MICHIGAN,   AND OPERATED BY MICHIGAN WASTE SYSTEMS, INC. (MICHIGAN       WASTE), DID NOT MEET THE REQUIREMENTS FOR GROUND WATER       MONITORING WITH REPECT TO 40 DFC 265.90, 91, 92 AND 93.  A   TRIAL WAS HELD IN DECEMBER 1986.  ON SEPTEMBER 30, 1991,     ADMINISTRATIVE LAW JUDGE J. F. GREENE ISSUED AN INITIAL      DECISION ASSESSING AN ADMININSTRATIVE PENALTY OF $9,825 AND  ORDERING MICHIGAN WASTE TO TAKE CERTAIN ACTIONS TO BRING IT- SELF INTO COMPLIANCE WITH THE APPLICABLE REGULATIONS.        THE INITIAL DECISION REDUCED TO $9,825 THE $35,300 PENALTY   THAT U.S. EPA REQUESTED BE ASSESSED AGAINST MICHIGAN WASTE.  ON OCTOBER 22, 1991, U.S. EPA FILED AN APPEAL OF JUDGE       GREENE'S PENALTY DETERMINATION.  THE APPEAL ASSERTED THAT    THE JUDGE GREEN MISAPPLIED CERTAIN CRITERIA OF THE U.S. EPA  RCRA CIVIL PENALTY POLICY, MAY 8, 1984, AND ERRED IN DISMIS- SING CERTAIN VIOLATIONS.  MORE SPECIFICALLY, THE APPEAL      CONTENDS THAT THE PRESIDING JUDGE:                           (1) MISAPPLIED THE PENALTY POLICY IN REDUCING THE PROPOSED   PENALTY FOR THE VIOLATION OF 40 CFR  265.90(A) AND 265.90  (B) TO COMPENSATE RESPONDENT FOR ITS POST-COMPLAINT COMPLIAN CE COSTS THAT WERE NOT SHOWN TO BE UNAFFORDABLE.  THE APPEAL REQUESTED THAT THE PRESIDING OFFICER'S ORIGINALLY ASSESSED   PENALTY OF $9,000 BE REINSTATED AND 

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