Town Of Brookhaven Reaches Settlement In Environmental Lawsuit

TOWN OF BROOKHAVEN, NY — The Town of Brookhaven reached a settlement after a lawsuit was filed for violating the Clean Air Act (CAA) by failing to properly monitor and control noxious landfill gas emissions, acting U.S. Attorney Seth D. DuCharme announced on Thursday.

The CAA, which was passed by Congress in 1970, requires the Environmental Protection Agency to set national ambient air quality standards to limit the amount of air pollutant emissions. The Town of Brookhaven, the largest town in Suffolk County, owns and operates both the Brookhaven Landfill and the Brookhaven Landfill Gas Recovery Facility, which were found to contain high levels of hydrogen sulfide, the U.S. attorney said. According to DuCharme, since 2005 both the landfill and recovery facility have violated the CAA.

The U.S. attorney also claims the town failed to maintain proper temperatures in the landfill, which could cause underground fires; properly monitor surface methane emissions; and continuously operate the SulfaTreat system the town installed, which reduces sulfur dioxide emissions from its flare. Some of these violations contributed to an increase in the amount of sulfur dioxide in the air around the facility, which is located on Horseblock Road. In addition to causing a bad smell, sulfur dioxide can be dangerous to human, animal and plant health.

In a statement a Town of Brookhaven spokesperson stated that in 2006, the town installed the SulfaTreat system to meet the requirement issued by the Department of Environmental Conservation (DEC) in 2002, but the system was not operated continuously because it was not needed to ensure SO2 emissions remained below the required amount.

Then in 2007, the town was informed by environmental officials that the treatment system had to be operated continuously and that the town had to provide the emission numbers to the EPA. For the next several years, the town says it fully complied with multiple requests for information and in 2011, the EPA issued a violation alleging that there had been violations of air quality requirements.

"While the Town did not agree with all of the EPA allegations, it continually evinced an intent to comply with all applicable regulatory requirements and cooperated in all respects," the statement read.

Under the agreement that was reached, the town will bring its landfill into compliance with the CAA by installing and operating systems that reduce and monitor landfill gases, including sulfur dioxide, hydrogen sulfide and methane. The settlement also requires the Town to pay $249,166. The town has also agreed to install 350 solar panels to further reduce air emissions.

"The United States brought this action to ensure that the Town of Brookhaven meets its obligation to protect air quality by properly operating systems that reduce potentially harmful landfill gas emissions," DuCharme said. "The resolution in this case protects air quality by preventing excess emissions of sulfur dioxide, hydrogen sulfide and methane. This Office will vigorously and faithfully enforce the rule of law to protect our community and our precious natural environment."

The town states that officials began discussing the 2012 the alleged violations of air quality requirements in 2012.

"...the Town has not admitted any liability with respect to the allegations. In addition to payment of a penalty to resolve the matter, the Consent Judgment requires, among other things, the installation of a new flare to control emissions, operation of the SulfaTreat system, and compliance with air permit requirements.," a town of Brookhaven official wrote in a statement. "The town has already completed certain requirements contained in the Consent Judgment, which is further indication of its cooperation in this matter. In all respects, the Town is pleased that the Consent Judgment establishes a solid framework to ensure that applicable air quality requirements are met."