Toa Alta Municipal Landfill
The Municipality of Toa Alta (Toa Alta) has agreed to a judicial settlement with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) to address environmental and public health risks at its landfill in Puerto Rico. The proposed second settlement would require the municipality to address leachate releases from the lined southeast portion of the landfill, and to pay a $50,000 civil penalty for past violations.
-
Toa Alta Proposed Second Stipulation and Final Order (February 13, 2024) (pdf) (317.1 KB)
-
Segunda Estipulación y Orden Final propuestas para Toa Alta (13 de febrero 2024) (pdf) (237.4 KB)
-
Notice of Lodging (February 13, 2024) (pdf) (143.8 KB)
In August 2022, a Federal Court ordered Toa Alta to take immediate action to address several environmental issues at the landfill including the end of waste disposal at the facility, the application of daily and intermediate cover, and stormwater and leachate management. The order did not address the leachate problem in the landfill's southeast cell area or the civil penalty, which is part of this most recent order. The proposed second settlement will pave the way for the permanent closure of the landfill, including gas control and leachate management, under Puerto Rico’s Department of Natural and Environmental Resources (DNER) oversight, to reduce the health and environmental risks to the community.
Background
Toa Alta has operated its solid waste landfill since 1966. Most of the landfill does not have a required bottom liner and is therefore considered an “open dump.” In 1991, the Resource Conservation and Recovery Act (RCRA) required all municipal solid waste landfill (MSWLF) units to close their open dumps by 1998. RCRA also required all landfills to include measures such as daily cover, leachate collection, and stormwater controls to protect people’s health and the environment. In Puerto Rico, the Department of Natural and Environmental Resources (DNER) is responsible for enforcing compliance with landfill regulations, while the EPA has the authority to address urgent problems at landfills which represent “imminent and substantial endangerments.”
EPA found that Toa Alta continued to dispose waste in the unlined (open dump) portions of its landfill. The municipality was not consistently applying daily cover; did not have leachate collection system or stormwater controls; and had created steep slopes which potentially created a risk of collapse. Citing a number of these problems, in its 2021 lawsuit, EPA and DOJ contended that Toa Alta was operating the landfill in a manner that created risk to people’s health and the environment.
In response to these conditions, EPA, DOJ and DNER have taken the following actions:
-
In February 2021, the DOJ filed on behalf of EPA, a complaint in the Federal Court against Toa Alta claiming that the conditions at the landfill constitute an “imminent and substantial endangerment.”
-
In July 2021, DOJ filed a request that the Federal Court issue an order requiring Toa Alta to immediately address various urgent problems at the landfill. The parties -- EPA/DOJ and Toa Alta -- discussed a potential settlement, called a Stipulation and Preliminary Injunction Order (SPIO), which required the municipality to take action to address issues.
-
In September 2021, DNER filed an administrative complaint against Toa Alta, to stop disposing waste at the landfill and to install a permanent cover on the landfill.
-
In October 2021, DNER announced a plan to address all “open dumps” in Puerto Rico, including Toa Alta.
-
In August 2022, a Federal Court ordered Toa Alta to take immediate action to address several of these environmental issues by approving the SPIO, the first settlement in this case. The order did not address the leachate problem in the landfill’s southeast cell area or the civil penalty, but required Toa Alta to take other steps, including no longer accepting solid waste disposal at the landfill.
-
On June 2023, DOJ filed a motion with the court to enforce the August 2022 order. The municipality has been late in complying with the obligation to apply intermediate coverage established in the first settlement.
-
In February 2024, EPA and DOJ reached this new settlement with Toa Alta to address some of the remaining issues at the landfill, such as the management of leachate in the southeast portion of the landfill and the payment of a civil penalty. The settlement will also continue to pave the way for the permanent closure of the landfill, under DNER oversight, which should eliminate the risks to the community and the environment.
Community Engagement
NEW: EPA and DOJ sought public comment during a public comment period from Tuesday February 13, 2024, to Friday March 22, 2024, on the second agreement and final order regarding the closing of Municipality of Toa Alta (MTA) landfill.
EPA and DOJ will hold an in-person meeting on April 30, 2024, to receive further community comments on the settlement. Comments received will be documented and answered in a separate document at the US Government websites. The process will allow agencies to receive further input from the community and address concerns before the order is approved and filed to the Federal Court.
Previous Community Engagement Actions:
EPA and DOJ have sought and considered the community’s input on the proposed terms of the orders and the settlement and have prepared summaries of the public comments and responses for the public to review. The following documents provide information on the community engagement process and the summary of feedback received from the public in 2022:
-
Summary of public comments and EPA response English (pdf) (152.2 KB)
-
Resumen de los comentarios de la comunidad y respuestas de la EPA Spanish (pdf) (156.4 KB)
During 2022, EPA and DOJ held public meetings to inform and consult with the community on the actions taken to address the landfill issues. The following documents provide information on the 2022 public meetings and the presentations made by EPA and DOJ:
toa-alta-second-stipulation-and-final-order (pdf) (317.1 KB)
toa-alta-second-stipulation-and-final-order-spanish (pdf) (237.4 KB)
-
Community Meeting Invitation Flyer - English (pdf) (248.7 KB)
-
Community Meeting Invitation Flyer - Spanish (pdf) (143.1 KB)
-
Transcript of the February 23, 2022, Public Meeting [ English (pdf) (417 KB) ] [ Spanish (pdf) (354.3 KB) ]
Copies of the 2022 summary document should also be available at the Office of the Mayor, Ave. Muñoz Rivera, Esq. Calle Barceló, Toa Alta, Puerto Rico 00953.
Additional Documents
The following documents provide additional information on the legal actions in 2022 and the technical aspects of the landfill issues:
-
August 2022 Community Update Fact Sheet [ English (pdf) (329.2 KB) ] [ Spanish (pdf) (501.6 KB) ]
-
toa-alta-second-stipulation-and-final-order (pdf) (317.1 KB) toa-alta-second-stipulation-and-final-order.pdf (pdf) (317.1 KB) toa-alta-second-stipulation-and-final-order (pdf) (317.1 KB) toa-alta-second-stipulation-and-final-order-spanish (pdf) (237.4 KB)
-
January 2022 Community Update Fact Sheet - English (pdf) (330.9 KB)
-
January 2022 Community Update Fact Sheet - Spanish (pdf) (396.2 KB)
-
Signed Motion to Enter Proposed Stipulation and Preliminary Injunction Order (pdf) (20.9 MB)
-
Summary of Potential Terms for Preliminary Injunction Order in Federal Case (pdf) (182.1 KB)
-
Resumen de Acuerdos Entre Las Partes Para La Orden Preliminar de Resolución Estipulada (pdf) (192.4 KB)
Monthly Reports of Toa Alta Landfill
The reports below summarize Toa Alta’s performance of obligations under the first settlement.
2022
-
Monthly Report 3 - November 2022 (pdf) (13.1 MB)
-
Monthly Report 4 - December 2022 (pdf) (26.8 MB)
2023
2024
-
EPA Contact
Eduardo Gonzalez
U.S. Environmental Protection Agency
Caribbean Environmental Protection División
City View Plaza II, Suite 7000
#48 PR165 Km. 1.2, Guaynabo, PR 00968-8069
787-977-5839 / 787-977-5865
Contact Us to ask a question, provide feedback, or report a problem.
LAST UPDATED ON FEBRUARY 23, 2024
April 2024 -Toa Alta Community Update Fact sheet_Spanish (pdf) (239.1 KB)
April 2024 -Toa Alta Community Update Fact sheet_EnglishV2 (pdf) (271.1 KB)
January 2022 Community Update Fact Sheet - Spanish (pdf) (396.2 KB)
EPA Contact
Eduardo Gonzalez
U.S. Environmental Protection Agency
Caribbean Environmental Protection Division
City View Plaza II, Suite 7000
#48 PR165 Km. 1.2, Guaynabo, PR 00968-8069
787-977-5839 / 787-977-5865
Meeting Information
EPA and DOJ will hold an in-person meeting on April 30, 2024, to receive further community comments on the settlement. Comments received will be documented and answered in a separate document at the US Government websites. The process will allow agencies to receive further input from the community and address concerns before the order is approved and filed to the Federal Court.