Air Enforcement: Bay Area Air Quality Management District and City of Berkeley, California, Landfill Enter into Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Bay Area Air Quality Management District (“District”) and City of Berkeley, California (“Berkeley”) on April 4th entered into a Settlement Agreement (“Agreement”) addressing alleged violations of California Air Regulations.

The Agreement is stated to address alleged air quality violations that occurred at a Berkeley landfill from 2019 to 2020.

The Settlement includes seven alleged violations:

  • Six involving failure of the landfill gas collection system
  • One involving failure to submit emissions testing results

The alleged issues involving the failure of the gas collection system are stated to have occurred due to the landfill’s lack of a backup power supply during a power outage.

The landfill has also been ordered to:

  • Repair gas collection wells
  • Upgrade inspection and monitoring procedures
  • Conduct a drone study to identify gas leaks
  • Evaluate whether landfill gas is seeping offsite

A $130,000 civil penalty is assessed.

A copy of the Settlement can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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