Settlement Order Requires Toa Alta Landfill to Mitigate Issues, Includes Stormwater Controls

Aug. 31, 2022
The Municipality is required to take action to improve landfill conditions immediately

The U.S EPA and the U.S. Department of Justice (DOJ) announced the filing of an interim settlement order that requires the Municipality of Toa Alta to address pollution issues at its landfill.

According to the order,  the Municipality must address urgent human health and environmental concerns at the landfill. Toa Alta must: stop receiving waste; cover exposed areas of the landfill; and put plans into place to manage stormwater and leachate, reported EPA.

The order has been approved by a federal judge.

"This settlement order reflects the government’s efforts to engage the communities that have suffered too long due to this poorly run open dump," said Regional Administrator Lisa F. Garcia in the EPA news release. "This order, which the Municipality has agreed to, requires the Municipality to take real action to improve landfill conditions immediately. Progress is already being made, and EPA will continue to work with the Department of Justice, the Puerto Rico government, and the Municipality to make sure these improvements are implemented to ensure the protection of public health and that the eventual permanent closure of this landfill is done properly."

According to EPA, the order would require the Municipality of Toa Alta to:

  • Provide immediate and unimpeded access to the landfill to EPA and Puerto Rico;
  • Ensure that all areas of exposed waste are covered by daily cover;
  • Stop all waste disposal at the landfill, with possible exceptions if allowed or required as part of a revised permanent closure plan for the landfill prepared in accordance with Puerto Rico regulations and approved by DNER;
  • Install signs in Spanish and English stating the landfill is closed;  
  • Stabilize the North Slope area by implementing stormwater control and other measures;
  • Cover the landfill with “intermediate cover” at the rate of one acre per month period during the first year commencing October 1, 2022, and two acres per month thereafter until the entire Landfill has been covered;
  • Develop a leachate management plan by October 1, 2022 and implement it;
  • Develop a stormwater management plan by January 1, 2023 and implement it; And
  • The order also includes reporting requirements Toa Alta must follow so that EPA can maintain oversight and keep the community informed of developments at or concerning the landfill. 

DOJ filed a complaint in the Federal Court against Toa Alta on behalf of EPA in February 2021, reports EPA. The complaint stated that the landfill causes "imminent and substantial endangerment." DOJ then filed a request July 2021 that the Federal Court issue an order requiring Toa Alta to address the issues, reports EPA.

DNER filed an administrative complaint against Toa Alta in September 2021 and in October 2021, DNER announced a plan to address the "open dumps" in Puerto Rico, which includes Toa Alta.

The Municipality says it has stopped disposing waste at the landfill as of April 2022 and that it has been taking action since June.

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Cristina Tuser