ILLINOIS POLLUTION CONTROL BOARD

April

24,

1986

LANDFILL EMERGENCY ACTION

COMMITTEE and ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY,

Complainants,

v.

)

PCB 85—9

MCHENRY COUNTY SANITARY LANDFILL

AND RECYCLING CENTER,

INC.,

Respondent.

INTERIM ORDER OF THE BOARD

(by J. Anderson):

The matter before

the Board

for consideration involves

a

November

21,

1985 revised stipulation

in

a citizens’ enforcement

case concerning operations at the McHenry County Landfill

(Landfill).

The complaint alleges various violations

at the

landfill between 1974 and 1983 as noted

in Illinois Environmental

Protection Agency (Agency) inspection

reports.

The complaint and

original September

10,

1985 stipulation are outlined

in the

Board’s Interim Order

of October

10,

1985.

In summary,

the Board

is invited to make findings of violation,

and

to approve

a

compliance plan

(no penalty) which relates

to an allegation

concerning leachate seeps from already closed portions

of

the

site caused by erosion or

settling.

The stipulation

requires the Landfill

to add $30,000

to

its

post—closure care fund.

At the end

of the

3 year post—closure

period required by Board regulations,

the Landfill

is required

to

leave $10,000

(or any lesser remaining balance)

in its post—

closure care

trust fund for

an additional

10 years,

with payouts

to be made pursuant to Agency direction.

The Board

notes that

the revised stipulation appears

to

satisfy

the concerns earlier articulated by the Board.

However,

inasmuch as

the proposed stipulation would require actions by the

Agency, which has not heretofore been a party

to this action, the

Board on

its own motion will

join the Agency as

a party

complainant consistent with 35 Ill.

Adm. Code 103.121(c).

The

Clerk

is directed

to provide the Agency with

a copy

of

the

complete record in this action.

The Agency

is directed

to file

comments,

including

a statement

of agreement

or disagreement with

the role

the other parties have proposed

it play in the

69-228

---

—2—

settlement of this action,

on or before May 12.

The other

parties may file any response comments on or before May 23.

~.ssumingthe

timely filing

of all comments,

the Board would

anticipate

the final disposition of this matter

in early June.

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Interim Order was adopted on

the

~29~i’~

day of

~L~Zt~#~

.,

1986,

by

a vote of

7—~2

Dorothy

M. Gw~n,Clerk

Illinois Pollution Control Board