The facility, a construction and demolition debris landfill in suburban Suffolk County, emits approximately 1,500 tons per year of sulfur dioxide from its flare without a permit in violation of the prevention of significant deterioration (PSD) program. Additionally, modeled emissions impacts from the facility alone showed a violation of the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide. Following a notice of violation and administrative order issued by EPA, the Defendants installed controls that have reduced sulfur dioxide emissions. EPA requested that DOJ enter a legally binding agreement or litigation for the injunctive relief and to assess civil penalties. After months of negotiations, DOJ filed a Complaint in September of 2009 for injunctive relief and to assess civil penalties.
Amended complaint entered on October 28, 2009.