~AE~EiVEO

CLERK’S

OFFICE

..

MAYO9.2005:

STATE OF ILLINOIS

pollution

Control Board

INFORMATIONAL NOTICE!!!

4~O5~-1~

~

IT IS IMPORTANT THAT YOU READ THE

ENCLOSED DOCUMENTS.

NOTE:

This Administrative Citation

refers to TWO separate State

of Illinois Agencies.

One

is

the ILLINOIS POLLUTION

CONTROL

BOARD located at State of Illinois Center,

100 West Randolph Street, Suite 11-500,

Chicago,

Illinois

60601.

The other state agency is the ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY located at:

1021

North Grand Avenue

East, P.O.

Box 19276,

Springfield,

Illinois 61794-9276.

If you elect to contest the

enclosed Administrative citation, you must

file a PETITION FOR REVIEW with thirty-five (35) days of the date

the Administrative Citation was served upon you.

Any such Petition

for Review must

be filed with the

clerk of the Illinois PollUtion

Control

Board by either hand delivering or mailing to the

Board at the address

given above.

A copy of the Petition for Review should

be either

hand-delivered

or

mailed to the Illinois Environmental

Protection

Agency at the address given

above and should

be marked to the

ATTENTION:

DIVISION

OF LEGAL COUNSEL.

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

MAY

092005

PROTECTION AGENCY,

)

.

STATE OF

ILLINOIS

~

q

Pollution Control Board

Complainant,

)

AC

OS

L~’ (

v.

)

(JEPA No.

142-05-AC)

)

WASTE MANAGEMENT OF ILLiNOIS,

)

INC., and MICHAEL WIERSEMA,

)

)

Respondents.

)

NOTICE OF FILING

To:

Waste Management ofIllinois, Inc.

Michael Wiersema

Attn:

Mr. Dale Hoekstra

18370 Somonauk Road

18370 Somonauk Road

Dekalb,

Illinois

60115

Dekalb, Illinois

60115

CT Corporation System

.208 S. LaSalle Street, Suite 814

Chicago, Illinois

60604-1101

PLEASE TAKE NOTICE that on this date I mailed for filing with the~

Clerk of the Pollution Control

Board ofthe State

of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,

AFFIDAVIT, and 811

SOLID WASTE LANDFILLINSPECTION

CHECKLIST.

Respectfully submitted,

J~A

(3JJJ1~U~1?~

A

Michelle M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated:

May 6, 2005

THIS

FILING SUBMITFED ON

RECYCLED PAPER

---

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

MAY

092005

STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

Pollution Control Board

PROTECTION AGENCY,

)

Complainant,

)

AC

OS~1P-~

)

(IEPA No.

142-05-AC)

v.

)

)

WASTE MANAGEMENT OF ILLINOIS,

)

INC.,,and MICHAEL WIERSEMA,

)

)

Respondents.

)

JURISDICTION

This

Administrative

Citation

is

issued

pursuant

to

the

authority

vested

in

the

Illinois.

Environmental Protection Agency by Section

31.1 of the Illinois Environmental Protection Act ,415

ILCS 5/31.1

(2002).

FACTS

1.

That Waste Management of

Illinois, Inc.

is the permitted.owner and operator and

Michael

Wiersema is the

certified

operator

(collectively

“Respondents”)

of the DeKalb

County

Landfill located at 18370 Somonauk Road,

Dekaib, Dekalb county, Illinois.

2.

That

said

facility

is

operated

as

a

sanitary

landfill,

operating

under

Illinois

L

Environmental Protection Agency Permit No.

1 996-247-LFM, and is designated with Site Code No.

0378020001.

The facility is commonly known to

the Illinois

Environmental

Protection Agency as

DekaIb County Landfill.

3.

That Respondents

have owned and/or operated

said facility at

all times pertinent

hereto.

I

---

4.

That on

March 22, 2005, Katherine Geyer of the Illinois Environmental

Protection

Agency’s

Rockford

Regional

Office

inspected

the

above-referenced

facility.

A

copy

of

her

inspection

report

setting forth

the results

of said

inspection

is attached

hereto

and

made

a part

hereof.

VIOLATIONS

-

Based

upon direct observations made

by Katherine Geyerduring the course of her March

22, 2005 inspection

of the above-referenced facility, the Illinois Environmental Protection Agency

has determined that Respondents violated the Illinois Environmental Protection Act (hereinafter, the

“Act”) as follows:

(1) That Respondents conducted a sanitary landfill in a mannerwhich resulted in uncovered

refuse remaining from any previous operating day or at the conclusion of any operating

day, unless authorized

by permit, a violation of Section 21

(o)(5)

of the Act, 415

ILCS

5/21

(o)(5) (2002).

CIVIL PENALTY

Pursuant

to

Section

42(b)(4)

of the

Act,

415

ILCS

5/42(b)(4)

(2002),

Respondents are

subject

to

a

civil penalty of Five

Hundred

Dollars

($500.00) for each

of the violations

identified

above, for a total of Five

Hundred Dollars ($500.00).

If Respondents elect not to petition the Illinois

Pollution

Control Board, the statutory civil penalty specified above shall be due and payable no later

than June

1, 2005. unless otherwise provided

by order of the Illinois Pollution

Control Board.

If Respondents elect to contestthisAdministrative Citation by petitioning the Illinois Pollution

Control Board in accordance with Section

31.1

of the Act, 415 ILCS 5/31.1(2002), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental

2

---

Protection Agency and the Illinois

Pollution Control Board. Those hearing costs shall be assessed

in addition

to

the statutory civil penalty.

Pursuant to Section 31.1 (d)(1) of theAct, 415 ILCS 5/31.1

(d)(1)

(2002), if Respondents fail

to petition or elect not to petition the Illinois Pollution Control Board for reviewof this Administrative

Citation within thirty-five (35) days of the date of service, the Illinois

Pollution Control Board shall

adopt

a final

order, which shall include

this Administrative

Citation and

a finding

of violation

as

alleged

herein, and shall impose the statutory civil penalty specified above.

When

payment

is

made,

Respondents’

check

shall

be

made

payable

to

the

Illinois

Environmental

Protection

Trust

Fund

and

mailed

to

the

attention

of

Fiscal

Services,

Illinois

Environmental

Protection Agency,

1021 North

Grand Avenue East,

P.O.

Box 19276, Springfield,

Illinois 62794-9276.

Along with

payment,

Respondents shall complete and

return

the enclosed

Remittance Form to ensure proper documentation of payment.

If any civil penalty and/or hearing costs are not paid within the time prescribed by order of

the Illinois Pollution Control Board,

interest on said penalty and/or hearing costs shall be assessed

againstthe Respondents from the date payment is due up to and including the date that payment is

received.

The Office

of the Illinois

Attorney General

may

be

requested

to

initiate proceedings

against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest

accrued.

3

---

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondents

have

the

right

to

contest this Administrative Citation

pursuant

to

and

in

accordance with

Section 31.1

of the Act, 415 ILCS 5/31/1

(2002).

If Respondents elect to contest

this Administrative Citation, then

Respondents shall

file a signed

Petition for Review, including a

Notice

of Filing,

Certificate

of Service,

and

Notice

of Appearance, with

the Clerk of the

Illinois

Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601.

A copy of said

Petition for Review shall be filed with

the Illinois Environmental Protection

Agency’s Division of Legal Counsel at

1021

North Grand Avenue East, P.O. Box 19276, Springfield,

Illinois

62794-9276.

Section

31.1

of the Act

provides that any

Petition

for Review shall

be filed

within thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution

Control Board

shall enter a default judgment against the Respondents.

1~Q~tL

~

Date

5Jáio3

Renee Cipriano, Director

~

Illinois Environmental ProtecTion Agency

Prepared by:

Susan

E.

Konzelmann, Legal Assistant

Division of Legal Counsel

1021

North

Grand Avenue East

P.O. Box 19276

Springfield,

Illinois

62794-9276

(217) 782-5544

4

---

RECE

WED

CLERK’S OFFICE

REMITTANCE FORM

MAY

092005

ILLINOIS ENVIRONMENTAL

)

.

P~r~~d

PROTECTION AGENCY,

)

Complainant,

)

AC

o5’L

I

)

(IEPA No.

142-05-AC)

v.

)

-

WASTE MANAGEMENT

OF ILLINOIS,

)

INC., and

MICHAEL WIERSEMA,

)

)

Respondents.

)

FACILITY:

DeKaIb County Landfill

SITE CODE NO.:

0378020001

COUNTY:

DeKaIb

CIVIL PENALTY:

$500.00

DATE OF INSPECTION:

March 22, 2005

DATE REMITTED:

55/FEIN

NUMBER:

SIGNATURE:

NOTE

Please enter the date

of your

remittance,

your Social Security

number

(SS)

if

an

individual

or

Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form.

Be

sure

your

check

is enclosed

and

mail,

along

with

Remittance

Form,

to

Illinois

Environmental

Protection

Agency, Attn.:

Fiscal Services,

P.O. Box 19276, Springfield, Illinois

62794-9276.

5

---

RECE

WED

CLERK’S OFFICE

ILLINOIS ENVIRONMENTAL PROTECTION AGENC~AY

U

92005

STATE

OF

ILLINOIS

AFFIDAVIT

Pollution Control Board

IN THE MATTER OF:

)

)

Dekalb County Landfill,

)

IEPA DOCKET NO.

-

).

Respondent

)

Affiant, Katherine Geyer, being first duly sworn, voluntarily deposes and states as follows:

1.

Affiant is a field inspector employed by the

Land Pollution Control Division ofthe

Environmental Protection Agency and has been so employed at all times pertinent

hereto.

2.

On March

22,

2005,

between

7:17

a.m.

and

8:30

a.m.,

Affiant

conducted

an

inspection of a permitted landfill located in Dekalb County, Illinois

and known as

Dekalb County Landfillby the Illinois Environmental Protection Agency.

Said site

has been assigned site code number LPC#0378020001 by the Agency.

3.

Affiant inspected said

site by

an on-site inspection,

which included walking and

photographing the

site.

4.

As a result ofthe activities referred to in Paragraph 3 above, Affiant completed the

inspection Report form attachedhereto and made a parthereof, which, to the bestof

Affiant’s

knowledge

and

belief,

is

an

accurate

representation

of

Affiant’s

observations and

factual conclusions with respect to said landfill.

atherine .Geyer, BPS ifi

Subscribed and Sworn to BeforeMe

This

19th

Day ofMarch, 2005.

Notary Public

~OFFICIAL

SEAL’

.

TERESA

LABUNSKI

Notary

Public,

State of Illinois

My Commission Expires

1/10/2007

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

811

Solid

Waste

Landfill Inspection Checklist

Location/Site

Name:

Dekalb/Dekalb County Landfill

No. of Photos

Taken:

#

5

Samples Taken:

Yes #

Interviewed:

Richard

Diehl

Facility

Phone No.:

815/758-6906

Permitted Owner Mailing Address

Chief Operator Mailing Address

AUTHORIZATION:

Significant Modification

Permit

Initial:

1996-247-LFM

Latest

Mod.

#46

OPERATIONAL

STATUS:

Operating

Closed-Not

LI

Closed-Date Certified:

Permitted Operator MailinQ Address

Waste Management

Attn:

Mike Wiersema

RECEIVED

18370 Somonauk Rd.

Dekalb,IL

60115

APR

2

1

2005

Certified Operator Mailing

AdJ~~A/bL~L

Dale Hoekstra

Settler’s

Hill R.D.F.

,

1031

E.

Fabyan Parkway

Batavia,

IL

60510

,

TYPE OF OPERATION:

Existing

Landfills

814-Subpart C

814-Subpart D

New Landfills:

81 1-Putres./Chem.

SECTION

J

DESCRIPTION

VIOL

______

ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS

-

-

1.

9(a)

-—

—

CAUSE, THREATEN

OR ALLOW AIR

POLLUTION

IN

LUNOIS

-

-

LI

2.

9(c)

CAUSE OR ALLOW OPEN

BURNING

LI

3.

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION

IN ILLINOIS

LI

4.

12(d)

CREATE AWATER POLLUTION HAZARD

.

LI

5.

12(f)

CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR

IN

VIOLATION OF AN NPDES

PERMIT

6.

21(a)

CAUSE OR ALLOW OPEN

DUMPING

.

LI

7.

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

OPERATION:

.

(1)

Without a Permit or

in Violation

of Any Conditions

of a

Permit

(See

Permit

Provisions)

(2)

In Violation of Any Regulations or Standards Adopted by the Board

.

8.

21(e)

DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR

TRANSPORT ANY WASTE INTO THE STATE AT/TO SITES NOT

MEETING REQUIREMENTS OF ACT AND REGULATIONS

.

LI

9.

21(f)(1)

DISPOSAL OPERATION WITHOUT A RCRA PERMIT.

County:

Dekalb

LPC#:

0378020001

Region:

I

-

Rockford

Date:

03/22/05

Time:

From

0717

Inspector(s):

Geyer,

Kathy

To

0830

Previous Inspection Date:

12702/04

Weather:

Sunny,

windy, 32°F

Waste Management

18370 Somonauk Road

Dekalb,

IL 60115

No~

Richard Diehl

Waste Management

18370 Somonauk Rd.

Dekalb, IL 60115

Revised 06/18/2001

(811 Solid Waste-i)

---

LPC #: 0378020001

Inspection Date:

March

22,

10.

21(o)

CONDUCT A SANITARY

LANDFILL OPERATION WHICH RESULTS

IN ANY OF THE

FOLLOWING CONDITIONS:

(1)

Refuse

in Standing or

Flowing Water

.

LI

(2)

Leachate Flows

Entering Waters of

the State

LI.

(3)

Leachate_Flows_Exiting_the_Landfill_Confines

LI

(4)

Open

Burning

of Refuse

in Violation of Section

9

of the Act

LI

(5)

Uncovered Refuse Remaining

From Any Previous Operating Day or at the

Conclusion of Any Operating Day

-

(6)

Failure

to

Provide

Final

Cover Within Time Limits

LI

(7)

Acceptance of Wastes Without Necessary Permits

LI

(8)

Scavenging as

Defined

by Board

Regulations

LI

(9)

Deposition of Refuse in Any Unpermitted Portion of the Landfill

LI

(10)

Acceptance of Special Waste Without a Required

Manifest

LI

(11)

Failure to Submit Reports Required

by Permits or Board Regulations

LI

(12)

Failure to Collect and Contain Litter by the End

of each Operating Day

LI

(13)

Failure to Submit Any Cost Estimate, Performance Bond or Other Security for

LI

11.

21(t)

CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID

WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT MODIFICATION

LI

12.

21.6(b)

ACCEPTANCE

OF LIQUID USED OIL FOR FINAL DISPOSAL (EFFECTIVE

JULYI,1996)

LI

13.

22.01

FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE

.

LI

14.

22.17

LANDFILL POST-CLOSURE CARE

(a)

.

Failure

to Monitor Gas, Water, Settling

LI

(b)

Failure to Take Remedial Action

LI

15.

22.22(c)

ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL

LI

16.

22.23(~(2)

CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY

LI

17.

22.28(b)

ACCEPTANCE

OF WHITE GOODS FOR FINAL DISPOSAL

LI

18.

55(b)(1)

ACCEPTANCE

OF ANY USED OR WASTE TIRE

FOR FINAL

DISPOSAL

(UNLESS LANDFILL MEETS EXEMPTION OF 55(b)(1))

CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY

~FEC~flOUSMED!CALWASTE

LI

~••~

SOLID W,\STE SITE OPERATOR CERTIFICATION

LAW REQUIREMENTS

—

—.

-

225 ILCS

CAUSING

OF ALLOWING OPERATION OF A LANDFILL WITHOUT

LI

20.

230/1004

35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS

PRIOR CONDUCT CERTIFICATION REQUIREMENTS

I

745.181

I

CHIEF OPERATOR REQUIREMENTS

LI

23.

809.301

REQUIREMENTS

FOR DELIVERY

OF SPECIAL WASTE TO HAULERS

LI

Revised 06/18/2001

(811 Solid Waste-2)

---

•

LPC#: 0378020001

Inspection Date:

March 22,

24.

809.302(a)

REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM

HAULERS

LI

,

809.501

MANIFESTS, RECORDS, ACCESS TO RECORDS,

REPORTING REQUIREMENTS

AND FORMS

(a)

Delivery of Special Waste to Hauler

LI

Retentior

of

Soecial Waste

Manifests

L

—-

~

GENERAL STANDARDS FOR ALL LANDFILLS

26.

811.103

SURFACEWATERDRAINAGE

(a)

Runoff from

Disturbed Areas

LI

(b)

Diversion of Runoff from

Undisturbed Areas

LI

27.

811.104

SURVEY CONTROL

(a)

Boundaries Surveyed and Marked

LI

(b)

Stakes and Monuments Marked

LI

(c)

Stakes and

Monuments Inspected

‘

LI

(d)

Control Monument Established

and Maintained

LI

28.

811.105

COMPACTION

LI

29.

811.106

DAILY COVER

(a)

Six Inches Soil

LI

(b)

Alternative Daily Cover

LI

30.

811.107

OPERATING STANDARDS

(a)

Phasing of Operations

LI

(b)

Work Face Size and Slope

LI

.

(c)

Equipment

•

LI

(d)

Utilities

LI

(e)

Maintenance

LI

(f)

Open Burning

•

•

LI

(g)

Dust Control

LI

(h)

Noise Control

,

.

LI

(i)

Vector Control

LI

0)

Fire

Protection

LI

(k)

Litter Control

LI

(I)

Mud Tracking

.

•

LI

(m)

Liquid

Restrictions for MSWLF

Units

LI

31.

811.108

SALVAGING

(a)

Salvaging Interferes with Operation

‘.

.

LI

(b)

Safe and

Sanitary Manner

LI

(c)

Management of Salvagable Materials

,

LI

32.

‘

811.109

BOUNDARY CONTROL

.

(a)

Access Restricted

LI

(b)

Proper

Sign

Posted

LI

Revised 06/18/2001

(811 Solid Waste-3)

---

Inspection Date:

March 22, 2005

33.

811.110

CLOSURE AND WRITTEN CLOSURE PLAN

(a)

Final Slopes and Contours

(b)

Drainage Ways

and Swales

(c)

Final Configuration

(d)

Written Closure

Plan

(e)

Initiation of Closure Activities

at MSWLF Units

(f)

Completion of Closure Activities at MSWLF Units

(g)

Deed Notation for MSWLF

Units

-

34.

811.111

(a)

Procedures After Receipt of Final Volume of Waste

(b)

Remove All

Equipment of Structures

(c)

Maintenance and Inspection of the Final Cover and Vegetation

(d)

Planned

Uses of Property at MSWLF Units

(a)

Location Restriction Demonstration

LI

(b)

Load Checking Requirements

LI

(c)

Gas Monitoring

Records

‘

LI

(d)

MSWLF Liquid

Restriction

Records

LI

(e)

Groundwater_Monitoring_Program_Requirements

.

LI

(f)

Closure and

Post Closure

Care Requirements

LI

(g)

Cost Estimates and

Financial Assurance Requirements

‘

LI

36.

811.302

FACILITY LOCATION

(c)

Site Screening

(Does

Not

Apply To

Part

814-Subpart D Sites)

‘

J

LI

37.

811.309

LEACHATE TREATMENT AND DISPOSAL SYSTEM

(a)

General

Requirements

(c)

Standards for On-Site Treatment and Pretreatment

(d)

Standards for Leachate Storage System

(e)

Standards for Discharge to Off-Site Treatment

(f)

Standards for Leachate Recycling Systems

(g)

Standards for Leachate Monitoring Systems

38.

811.310

LANDFILL GAS MONITORING

(FOR SITES ACCEPTING PUTRESCIBLE WASTE)

(b)

Location

and Design of Gas Monitoring Wells

.

LI

(c)

Monitoring

Frequency for Landfill

Gas

LI

(d)

Monitoring

Parameters

LI

39.

811.311

LANDFILL GAS MANAGEMENT

SYSTEM (FOR CHEMICAL AND PUTRESCIBLE

LANDFILLS)

Conditions for Installation

of Gas Management System

Notification and

Implementation

Requirements

Standards for Gas Venting

Standards for Gas Collection

(a)

(b)

(c)

(d)

40.

35.

811.112

RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS

Revised 06/18/2001

(811 Solid Waste-4)

---

LPC #:

0378020001

Inspection Date:

March 22, 2005

(c)

No Unpermitted Gas

Discharge

LI

(d)

Gas Flow Rate Measurements

into Treatment

of Combustion

Device

LI

(e)

Standards for Gas

Flares

LI

(f)

Standards for On-Site

Combustion of

Landfill Gas

Using

Devices Other Than.

LI

(g)

Gas

Transported Off-Site

•

LI

41.

811.313

INTERMEDIATE COVER

(a)

Requirements for the Application for Intermediate Cover

LI

(b)

Runoff and Infiltration Control

-

LI

(c)

Maintenance of Intermediate Cover

LI

42.

811.314

FINAL COVER SYSTEM (DOES NOT APPLYTO PART 814 SITES THAT HAVE

CLOSED, COVERED AND VEGETATED PRIOR TO SEPTEMBER

18,

1990)

(a)

General Requirements

LI

‘

.

(b)

Standards for Low Permeability Layer

•

LI

(c)

Standards for Final Protective

Layer

LI

43.

811.316

PLUGGING AND SEALING OF DRILL HOLES

LI

44.

811.321

WASTE PLACEMENT

(a)

Phasing of Operations

LI

(b)

Initial Waste Placement

LI

45.

811.322

FINAL SLOPE AND STABILIZATION

(a)

Grade Capable of Supporting Vegetation and Minimizing Erosion

.

LI

(b)

Slopes Required to Drain

LI

(c)

Vegetation

LI

(d)

Structures Built over the Unit

LI

46.

811.323

LOAD CHECKING PROGRAM

(a)

Load Checking Program

Implemented

(b)

Load~

Checking Program for

PCB’s at MSWLF Units

(c)

Load

Checking Program Components

(d)

Handling Regulated Hazardous

Wastes

PART 811

SUBPART

47.

811.402

48.

811.403

SPECIAL WASTE MANIFESTS REQUIREMENTS

49.

811.404

IDENTIFICATION RECORD

(a)

‘

Special Waste

Profile Identification Sheet

(b)

.

Special Waste

Recertification

811.4’

RECORDKEEPING

REQUIREMENTS

FoRr

-

---...

HAZ~OUS~~IA~Tr3

Ill

I

50.

51.

I

I

Revised 06/18/2001

(811 Solid Waste-5)

---

LPC #: 0378020001

52.

811.700

COMPLY WITHFINANCIALASSURANCE REQUIREMENTS OF PART

811, SUBPARTG

53.

811.701

UPGRADING FINANCIALASSURANCE

LI

54.

811.704

•

CLOSURE AND POST-CLOSURE CARE COST ESTIMATES

0,

55.

811.705

REVISION OF COST ESTIMATE

LI

SOLID WASTE FEESYSTEM_REQUIREMENTS

Part 858

MAINTAINED, RETAINED &SUBMITTED DAILY

& MONTHLY SOLID

WASTE RECORDS ANDQUARTERLYSOLID WASTE SUMMARIES

LI

56.

Subpart B

Part

858

MAINTAINED, RETAINED &SUBMITTED DAILY&MONTHLYSOLID

WASTE RECORDS ANDQUARTERLYSOLID WASTESUMMARIES

LI

H

LI

LI

LI

/

~

LI

58.

59.

OTHER:

APPARENT VIOLATION

CASE NUMBER:

OF:

(LI)

PCB;

(LI)

CIRCUIT COURT

ORDERENTERED ON:

~/i

7

-~

(If

kULU&~~~AL~

d~

LI

LI

Signa’ttIre of

InspecTor(s)

Informational Notes

1.

2.

3.

Illinoisl

Environmental

Protection Act: 415 ILCS 5/4.

Illinois Pollution Control Board: 35

Ill.

Adm. ‘Code, Subtitle

G.

Statutory

and regulatory references herein

are provided for convenience only and should not be construed

as legal conclusions

of the Agency or as

limiting the Agency’s statutory or regulatory powers.

Requirements of some statutes and regulations cited are

in summary format.

Full text of requirements

can

be found

in references listed in

1.

and

2. above.

4.

The provisions

of subsection (o) of Section

21

of the lllinoisl

Environmental Protection

Act shall

be

enforceable either by administrative

citation under Section 31.1

of the Act or by complaint under Section

31

of the Act.

5.

This,, inspection

was conducted

in accordance with Sections 4(c) and 4(d) of the lllinoisl

Environmental

Protection Act: 415 ILCS

5/4(c) and

(d).

.

.

.

6.

Items marked with an

“NE”were not evaluated at the time of this inspection.

Revised 06/18/2001

(811 Solid Waste-6)

---

LPC#:

0378020001

Inspection Date: March 22, 2005

~•

~

~

~‘

‘~‘:‘

‘::‘

PERMITPROVISIONS~’ ~

-

DESCRIPTION OF VIOLATION

(condition # of permit, page # of permit, and/or page # of approved application)

PERMIT NUMBER

‘

1996247LFM

Section #13.11.1 of the approved application for permit #1996-247-LFM, and of the approved

application

log #1999-1 76; specifically, the contents of the constructed secondary access roads

I996-247-LFM

Modification #46,

condition #II.3.e, page 6, “uncovered refuse~.”

I996-247-LFM

Modification #46,

condition #ll.5.a and

b, “At the end of each day of operation, all exposed waste

shall be covered with:..”

Revised 06/18/2001

(811 Solid Waste-7)

---

0378020001—Dekaib county

Dekaib County Landfill

March22,

2005

RECEIvED

Kathy Geyer

Pagelof2

.

APR

2

12005

General

Remarks

•

IEPA/BOL

On

March 22, 2005, the writer,

Kathy Geyer,

inspected

Dekalb County

Landfill.

I

arrived at the office at 7:17 a.m.

This landfill opens for business at 8:00 a.m. at the

present time.

Upon arrival,

I

found that a janitorial service was present

in the

office/scalehouse, but Debi Hetlund, the office employee, was not present yet.

The

weather was sunny, windy from the northeast,

and 32°Fahrenheit.

I

proceeded to

drive to the active area

of

the landfiH.

I

noted

an area,

running down

a slope south of the “turn around” area, full of uncovered wood,

wires,

metal,

garbage bags, toys and other unrecognizable items.

It appeared to go down the

slope approximately 75’ and was approximately 50’ wide.

Also, near the top of this

area, there was a pile (consisting of approximately 4 cubic yards) of soil with refuse

protruding

from the sides.

I took photographs and then returned to the office.

When

I returned to the office,

Richard Diehl, a landfill employee, was present.

He

accompanied

me

during the remainder of the inspection.

We returned to the active area of the landfill.

I

asked

Mr.

Diehl

about the previously

described

area.

He explained that the area was a “wet weather” area, which was

used during

a recent muddy time period.

It is allowed by the permit to

have

a wet

weather area, however,

Section

13.11 .1

of the Permit application for permit #1996-

247-LFM

states,

“The primary access road

is designed

as an all-weather road.

Secondary access

roads

are constructed

of gravel

or

materials

consisting of

wood,

broken

concrete,

asphalt,

clean

demolition

material,

tire

chips,

etc.

and

any

general

road

building

materials.

These

materials

are

also

stockpiled

on

the

landfill for

use

as

needed.

Secondary

access

roads

will

be

incorporated

into

the

landfill

and

covered

as

development

progresses.

Access

roads

are

maintained

for

all-weather

usage.

Drainage measures

are

provided

so

that

disposal

operations

can

continue

during

periods of inclement weather.

These measures include

the utilization of temporary

berms to

drain and

direct precipitation and

runoff within the active

area away from

the

working

face.

All

areas

disturbed

during

wet

weather

will

be

regarded

as

necessary.”

I was concerned

that the refuse did

not meet the construction requirements of the

statement in the application.

Specifically,

it did

not appear that the wet weather area

consisted of “clean wood,”

or “clean demolition material.”

At the time of the

inspection,

I was unsure

of

the

wording of this portion of the application, so

I did not

mention

my concerns to

Mr. Diehl.

Mr.

,

Diehl pointed out the previous day’s active face,

which was well covered with

soil.

It consisted of a small slope on the west edge of the current lift.

Also, there

were

temporary, movable litterfences present, as required

by the permit.

---

0378020001—Dekaib County

Dekaib county Landfill

FOS file

March 22,

2005

Kathy Geyer

Page 2of2

When we were

leaving the active area,

I noted a pile of gravel frozen into

large “boulders.”

Mr.

Diehl stated that this was

stored to use on the

secondary road, but was frozen at the present time.

I checked the permit,

and this

is allowed by Condition #11.16 as long as it is managed

pursuant to

Section 811.108(c)(1), which

is being accomplished.

-

When we returned to the office, Debi Hetlund had

arrived.

I

asked her if the

landfill receives any manifested

industrial waste.

She told me that there

is

only one waste stream that the landfill receives with

a manifest at this time,

from Seymour of Sycamore.

It consists of non-hazardous paint filter dust.

The landfill

receives approximately one truckload a year of approximately 40

—

55 gal. Drums.

I examined Waste Management’s profile #000603 and the

manifest for this waste, which was most recently dated January

19,

2005.

It

appeared to be completed correctly and

in

compliance.

As a result of the wet weather area’s not containing clean wood and/or

clean demolition debris, and the fact that it was left uncovered, the facility

appeared to be in violation of sections:

1.

21(d)(1) of

the

Environmental Protection Act; Conducting a waste

disposal operation

in violation of any conditions of a permit:

a.

Permit #1996-247-LFM; modification #46, condition #ii.3.e,

page 6,

“The operator of this solid waste facility shall not

conduct the operation

in

a manner which

results in any of the

following:

uncovered refuse

remaining from any previous

operating day or at the

conclusion of any operating day,

unless authorized by the permit.”

b.

Permit #1996-247-LFM;

modification #46, condition

#Il.5.a and

b,

page 7, “At the

end of each

day of operation

all

exposed

waste shall

be covered with:

a.

Clean soil at least six inches

thick (i.e.conventional daily cover); or b.

An alternate cover as

described below.”

2.

21(d)(2) of the Environmental Protection Act; Conducting

a waste’

disposal operation

in violation of any regulations or standards

adopted by the Board;

•

3.

21(o)(5) of the Environmental Protection Act; Conducting a

sanitary landfill operation which results

in

uncovered

refuse

remaining from any previous day or at the conclusion of any

operating day;

.

Six photographs were taken.

They are all stored

in digital file

#0378020001—03222005.

---

closed area

_____

closed:::/

leaf compost windrows

037802000 1--Dekalb County

Dekaib County Landfill

March 22,

2005

Time:

0717-0830

q)

E

garage

office

~c~,zendro~ffama~

Tipping

area for compost operahons

storrnwater basin

~c.

(r~r~

cr’c,l~\

Interstate 88

),OV~

~

gas flare

closed area

(not ce,’tifiod)

compost windrbws

00000000

---

LPC #0378020001—Dekaib

County

Dekaib/Dekalb County Landfill

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

March

22,2005

TIME: 0720

DIRECTION:

south

PHOTO by:

Kathy

Geyer

PHOTO FILE NAME:

0378020001—03222005-001EOO2E

COMMENTS:

“wet weather” area

a

‘

i

r~

---

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

March 22, 2005

TIME:

0722

DIRECTION:

southeast

PHOTO by:

Kathy Geyer

PHOTO FILE

NAME:

0378020001—03222005-003

COMMENTS: Pileofsoil withvisible

refuse.

DATE:

March 22, 2005

TIME: 0740

DIRECTION: west

PHOTO by:

Kathy

Geyer

PHOTO

FILE

NAME:

0378020001—03222005-004

COMMENTS:

continuation ofthe “wet

weather” area.

a

r

j~-

---

LPC

#0378020001—Dekaib County

Dekaib/Dekalb County Landfill

DIGITAL PHOTOGRAPH PHOTOCOPIES

DATE:

March 22,

2005

TIME:

0741

DIRECTION:

northwest

PHOTO by:

Kathy Geyer

PHOTO FILE

NAME:

0378020001—03222005-005E006E

COM1’iLENTS:

wet weather area (and wood)

in the

foreground, previous day’s active area in the background.

a

-‘

4’

‘t

---

PROOF OF

SERVICE

I hereby certify that I did on the 5th day ofMay 2005,

sendby Certified Mail, Return Receipt

Requested, with postage thereon fullyprepaid, by depositing in a UnitedStates Post OfficeBox a true

and

correct

copy

of

the

following

instrument(s)

entitled

ADMINISTRATiVE

CITATION,

AFFIDAVIT, and 811

SOLID WASTE LANDFILL INSPECTION CHECKLIST

To:

Waste Management ofIllinois, Inc.

Michael Wiersema

Attn:

Mr. Dale Hoekstra

18370 Somonauk Road

18370 Somonauk Road

Dekaib, Illinois

60115

Dekaib, Illinois

60115

CT Corporation System

208

S. LaSalle Street, Suite

814

Chicago, Illinois

60604-1101

and the original and nine (9) true and correct copies of the same foregoing instruments on the same

date by Certified Mail, Return Receipt Requested, with postage thereon fullyprepaid

To:

Dorothy Guim, Clerk

Pollution Control Board

James~R.

Thompson Center

100 West Randolph Street, Suite

11-500

Chicago, Illinois 60601

ichelle M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box,19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING SUBMITTED

ON RECYCLED PAPER