## Facts

- A sanitary landfill in New Hanover County, North Carolina allegedly contaminated nearby groundwater that had previously been high quality.
- Area residents reported deteriorating well-water quality and associated illnesses after years of landfill operation.
- EPA testing allegedly found numerous toxic contaminants and carcinogens in groundwater and residential wells attributable to waste placed in the landfill.
- EPA warned residents that continued use of contaminated wells was dangerous and demanded a permanent potable water supply.
- The alleged contamination was leaching from the landfill into the aquifer and continuing to migrate beyond the site.
- The United States sued various landfill-related entities and individuals under RCRA § 7003, seeking abatement of threats, monitoring, reimbursement of EPA expenditures, and provision of a permanent potable water supply.

## Issues

1. Whether RCRA § 7003 authorizes injunctive relief to abate an “imminent and substantial endangerment” arising from past disposal where hazardous substances are presently leaking and migrating.
2. Whether § 7003 is limited to active or ongoing waste-handling activities, or instead applies to current endangerment conditions caused by prior disposal.
3. Whether the complaint stated a claim under § 7003 sufficient to survive dismissal under Rule 12(b)(6).

## Decision

- The Fourth Circuit reversed the district court’s Rule 12(b)(6) dismissal and remanded.
- The court held that § 7003 applies where persons have contributed to past disposal that may present a current imminent and substantial endangerment.
- The court concluded the complaint plausibly alleged present leakage and migration creating an imminent and substantial endangerment, thus stating a claim for relief under § 7003.

## Legal Principles

- RCRA § 7003 reaches persons who “has contributed or … is contributing” to past or present handling, storage, treatment, transportation, or disposal when the waste may present an imminent and substantial endangerment.
- The statute is endangerment-focused and authorizes preventive, remedial equitable relief aimed at abating present threats, even if the disposal occurred earlier.
- For Rule 12(b)(6), allegations of current leakage/migration of contaminants and resulting imminent and substantial endangerment are sufficient to state a § 7003 claim.
- Courts may order affirmative abatement measures reasonably tied to eliminating or reducing the endangerment, including monitoring and ensuring access to safe potable water; equitable reimbursement may be included as part of such relief.

## Conclusion

The Fourth Circuit held that RCRA § 7003 is not confined to ongoing dumping or purely prospective regulation; it authorizes the United States to seek court-ordered abatement when past disposal has created a present, imminent, and substantial endangerment, and the government’s allegations of ongoing groundwater contamination were sufficient to proceed past the pleading stage.


United States v. Waste Indus., Inc., 734 F.2d 159 (4th Cir. 1984)