The Middlesex Landfill is one of two landfill areas located at 39 Edgeboro Road, East Brunswick, New Jersey. A closed and capped MSW landfill, owned by one of the Defendants, is constructed directly adjacent to and beneath the Middlesex Landfill, and was the subject of a separate FY 07 litigation report. The waste in the two landfill areas is physically separated by a clay cap and geo-synthetic liner system.
A Complaint, filed simultaneously with the CD, alleges that the Defendants violated the CAA and the MSW landfill regulations promulgated under the CAA at 40 C.F.R. Part 60, Subpart WWW, and 40 C.F.R. Part 63, Subpart AAAA. Specifically, the Complaint alleges that the Defendants failed to properly monitor the surface of the landfill for methane exceedances, failed to maintain records and report the results of such monitoring, failed to take action to correct the surface methane exceedances detected at the landfill, failed to properly operate the gas collection portion of the landfill gas collection and control system (GCCS) by failing to route all collected gases to the control system, failing to measure landfill gas flow to the control device, failing to operate with negative pressure at each wellhead, failing to operate within proper temperature and oxygen ranges, and failing to properly monitor, keep records of and report on such GCCS operations.
This Consent Decree (CD) resolves violations of the Clean Air Act (CAA) that are alleged against three defendant