Muskegon County Type III Flyash Landfill (Muskegon County)

The Muskegon County Type III Landfill had a statistical exceedence of groundwater parameters in the monitoring wells for the facility in late 1997 and was required by the rules promulgated pursuant to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, to complete a response action plan for the facility to address the exceedences. An application for a renewal operating license for the landfill was denied by the DEQ on July 20, 1998, due to violations of Part 115, including failure to complete the response action plan. Muskegon County subsequently filed a petition for contested case hearing on August 18, 1998, contesting the operating license denial. Muskegon County submitted a response action plan to the DEQ on August 28, 1998. The DEQ disapproved the response action plan on October 26, 1998, due to deficiencies in the response action plan and began negotiating a consent order with Muskegon County to settle the violations and obtain appropriate relief.

On December 14, 2001, the DEQ and Muskegon County entered into a Consent Order, which resolves the violations and approves a Remedial Action Plan for the landfill. The Consent Order establishes a date to terminate waste receipt at the landfill; establishes a schedule for proper closure of the landfill; establishes a schedule for completing a remedial investigation, feasibility study, and remedial action plan for the landfill; provides for the submittal of a revised hydrogeological monitoring plan for the landfill; recovers civil penalties in the amount of $20,000 and costs of surveillance and enforcement in the amount of $10,000; provides financial assurance for the required activities; establishes stipulated penalties to ensure the performance of these obligations; and provides for the dismissal of Muskegon County’s petition for a contested case hearing.