## Facts

- The United States, through the EPA, and an intervenor citizen group sued Environmental Waste Control, Inc. and related owners/operators of the Four County Landfill, a commercial hazardous waste disposal facility in Indiana.
- The facility operated under RCRA “interim status,” which allowed continued operation only if regulatory conditions were met, including financial responsibility (insurance) and groundwater monitoring.
- The plaintiffs alleged defendants falsely or inaccurately certified compliance with interim-status requirements and that the facility lacked adequate insurance and a compliant groundwater monitoring system.
- Plaintiffs alleged hazardous waste was disposed of in unlined landfill cells contrary to RCRA minimum-technology requirements.
- Evidence was presented that hazardous constituents from disposed wastes were released into groundwater beneath the landfill and into the air.
- After a 31-day bench trial, the court issued findings of fact and conclusions of law under Rule 52(a).

## Issues

1. Whether the landfill lost RCRA interim status due to noncompliance with financial responsibility and groundwater monitoring requirements and inaccurate certifications of compliance.
2. Whether disposal of hazardous waste in unlined cells and continued operation after loss of interim status violated RCRA and its implementing regulations, including minimum-technology requirements.
3. Whether releases of hazardous constituents to groundwater and air were proven and triggered corrective action obligations.
4. What remedies were appropriate, including injunctive relief, closure, corrective action measures, and civil penalties.

## Decision

- The court found for the EPA and the intervenor on the central RCRA claims.
- The court held the landfill lost interim status as of November 8, 1985 because it did not meet financial responsibility and groundwater monitoring requirements and its compliance certification was not accurate.
- The court found defendants operated illegally after that date and violated RCRA operating requirements, including by disposing of hazardous waste in unlined cells inconsistent with minimum-technology standards.
- The court found hazardous waste constituents were released into groundwater beneath the landfill and into the air, requiring corrective action.
- The court ordered permanent closure of the Four County Landfill and enjoined continued operation in its existing status.
- The court assessed civil penalties totaling $2,778,000 and ordered implementation of a corrective action plan addressing releases, particularly groundwater contamination.

## Legal Principles

- RCRA interim status is conditional; failure to satisfy required interim-status standards (including financial assurance and groundwater monitoring) can result in loss of lawful operating status as of the applicable compliance deadline.
- Inaccurate or false certifications of compliance supporting interim status may support a finding of noncompliance and loss of interim status, making continued hazardous waste management unlawful.
- RCRA’s minimum-technology and operating standards for hazardous waste land disposal units can be violated by disposal practices such as using unlined cells where liners/leachate controls are required.
- Proof of releases of hazardous constituents to the environment supports injunctive relief and orders requiring corrective action to address contamination.
- Civil penalties and closure may be imposed based on the seriousness and duration of violations and the environmental harm or risk shown at trial.

## Conclusion

The court concluded that the Four County Landfill failed key interim-status conditions under RCRA, operated unlawfully after losing interim status, and caused releases of hazardous constituents, warranting permanent closure, mandatory corrective action, and substantial civil penalties.


United States v. Environmental Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989)