Aiello v. Town of Brookhaven (136 F. Supp. 2d 81, 2001)

DECISION, ORDER AND CERTIFICATION

BLOCK, District Judge.

TABLE OF CONTENTS

INTRODUCTION.84

FINDINGS OF FACT.85

I.The Old Town Landfill. 85

II.' The Pond and Creek.•.86

III. The Phase I Report.88

IV. The Phase II Report.90

V. The Court’s Expert.94

A. The Sinking Phvme.95

B. The Chemical Contamination of the Pond and Creek Attributable to the Landfill.96

1. Ammoma-N. 2. Iron. 3. Manganese. 4. Other Chemicals . O <£> «£> OiOCD^I^]

C.Elimination of Other Sources O

DTRCTTSSTON O o

I.Resource Conservation and Recovery Act.100

A. Statutory and Regulatory Framework.100 B. Parties’Contentions.104

C. Subject Matter Jurisdiction.105

D. Application of Statute.110

1. Has Solid Waste Been Disposed of at the Landfill?.110

2. Has the Town Contributed to the Past or Present Disposal of the Solid Waste?.Ill

3. Has the Pond and Creek Been Contaminated by the Leachate Plume?.113

4. Does the Contamination of the Pond and Creek Present an Imminent and Substantial Endangerment to Health or the Environment?.114

II. Clean Water Act.117

A. Statutory Framework.117

B. Application of Statute.118 1. Has There Been a Discharge of a Pollutant from a Point Source?.118

2. Was the Discharge Into Navigable Waters?.119

3. Can the Town, As a Past Polluter, Be Held Liable for the Ongoing Nature of the Discharge?.120

CONCLUSION. T — i

CERTIFICATION PURSUANT TO 28 U.S.C. § 1292(b) T — ( 03

ADDENDUM A (Map of Former Holtsville Landfill Monitoring Well Locations) CO