Issued: Jan 31, 2022 (9:22am EST)

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EPA and DOJ Seek Public Input on Potential Settlement Order to Require Immediate Actions to Address Deficiencies at Toa Alta Municipal Landfill

EPA to hold a public meeting on February 23, 2022

Contact: Stephen McBay, (212)-637-3672, mcbay.stephen@epa.gov

NEW YORK (January 31, 2022) – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) released for public comment a summary of options for a settlement order currently under negotiation that would require immediate actions to address violations at the Toa Alta Municipal Landfill, in Puerto Rico. Seeking input into a settlement order is an unusual step taken here to ensure that EPA and DOJ are including input from the overburdened community that has been adversely impacted by the landfill.

To begin gathering comments, EPA today released a summary in English and Spanish of the requirements that are under consideration for the order and is asking for written input by March 4, 2022. EPA will also hold a public meeting on February 23 to explain the options for addressing the landfill conditions and obtain public input. 

"We are taking this necessary step of getting input because this community has suffered for too long from this open dump," said Regional Administrator Lisa F. Garcia." EPA is working to address the problems and we appreciate that the municipality is willing to agree to take immediate actions to address the worst and most urgent issues. We want to issue a strong settlement order that will be a start to getting this open dump on track immediately as we continue to negotiate a longer-term solution."

The terms being considered for the landfill are aimed at implementing measures to protect public health and environment in the short term and positioning Toa Alta to close the landfill completely, safely, and permanently under the supervision of the Puerto Rico Department of Natural and Environmental Resources. Shorter term measures under consideration would call for Toa Alta to: (1) cover any newly disposed waste with soil at the end of each day; (2) apply thicker soil cover over time; (3) maintain the soil cover to correct any soil erosion; and (4) plan and implement measures to reduce and control storm water runoff and leachate (Leachate is liquid — often contaminant laden — that seeps from landfills). Longer term, permanent measures under consideration include barring any further waste disposal at the landfill, except for waste placement as warranted to fix a steep slope located on the north side of the landfill.

EPA is planning to hold a public meeting on February 23, at 5:30 p.m. AST to describe options for addressing the conditions at the landfill, answer questions, and hear from community members. This public meeting will occur at the Coliseo Lauro Davila, located at PR-165R, Toa Alta, Puerto Rico 00953.

Community members can email comments to pubcoment-ees.enrd@usdoj.gov with the subject line "Toa Alta Landfill Comments." Community members also may mail their comments to Eduardo Gonzalez, U.S. Environmental Protection Agency, Caribbean Environmental Protection Division, City View Plaza II, Suite 7000, #48 PR165 Km. 1.2, Guaynabo, Puerto Rico 00968-8069. Comments and information received will be considered in determining the final terms of the potential settlement order. The final agreed upon terms will then be submitted to the Federal Court for its review and approval. If the parties cannot reach an agreement after the community engagement period, or if the Court does not approve the agreement, the Court will instead conduct a separate public hearing about the matter.

EPA has prepared some relevant documents to this matter, which the public can view online at www.epa.gov/pr/toa-alta-municipal-landfill. The public may also obtain the documents at the Toa Alta Mayor's Office. That office is located at Ave. Muñoz Rivera, Esq. Calle Barceló, Toa Alta, PR 00953, and is open from 8:00 a.m. to 4:30 p.m., Monday through Friday.

Background

DOJ filed a complaint on behalf of EPA in federal court in the District of Puerto Rico in February 2021. The complaint called for the Municipality of Toa Alta to stop solid waste disposal at its landfill and to take immediate steps to address public health and environmental threats posed by the conditions at the landfill.

The February 2021 complaint alleged three significant threats posed by the landfill:

• The Municipality of Toa Alta is taking inadequate action to prevent large quantities of leachate – water mixed with hazardous pollutants that seep from the landfill – from escaping into nearby neighborhoods, surface waters and the underlying groundwater aquifer.
• The landfill's slopes in certain areas are not stable. There is an increased risk of collapse, potentially endangering people working at the landfill.
• The Municipality has not consistently placed required soil on top of the waste disposed at the landfill at the end of each day's disposal activities. Application of this soil cover – referred to as "daily cover" – cuts off access to landfill waste by insects, vermin, birds and trespassers and helps prevent the spread of diseases, such as dengue and Zika viruses.

Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2.

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