ILLINOIS POLLUTION CONTROL

BOARD

November

8,1973

ENVIRONMENTAL PROTECTION AGENCY

vs.

)

PCB 73—107

CITY OF MORRIS

Steven C.

Bonaguidi, Assistant Attorney General for the EPA

James L. Peacock, Attorney for the City of Morris, Illinois

OPINION AND ORDER OF THE BOARD

(by Dr. Odell)

The Respondent, City of Morris, owns and operates a refuse

disposal site

of approximately 55 acres in W½ of SW¼, Section 35,

Township 34 North, Range

7 East, of 3rd Principal Meridian, and

approximately

5 acres in NW¼ of

NW¼,

Section

2, Township 33 North,

in Grundy County,

Illinois.

On March

9,

1973,

the Environmental Protection Agency

(hereinafter”EPA~)fileda Complaint against the City of Morris

alleging that beginning on or about July 1,

1970,

and particularly

on specified dates

(from July 8,

1970,

to January

9,

1973) when

EPA personnel inspected the site,

the above-described refuse

disposal site was operated by the Respondent

in such a manner as

to violate

the following portions of the Environmental Protection

Act (hereinafter

“Act”)

Ill.

Rev.

Stat.,

ch.l1l-½

(1971)

and the

Rules and Regulations for Refuse Disposal Sites and Facilities)

of the Division of Sanitary Engineering of the Department of Public

Health of

the State of Illinois

(hereinafter “Rules”)

,

continued

effective pursuant to Section 49(c)

of the Act

iii.

Rev.

Stat.

ch.lll—½,

Section 1049(c)

(1971)

2~ Respondent has operated and continues

to operate the

aforesaid refuse disposal site without a permit from

EPA for said operations

in

violation of Section 21(e)

of the Act.

*

2 through

11 refer to numbered paragraphs in the Complaint.

10—9

---

—2—

3.

Respondent has caused or allowed the open dumping

of garbage and refuse at said facility in violation

of Sections 21(a)

and 21(b)

of the Act and Rule 3.04

of the Rules.

4.

Respondent has operated said refuse disposal site

so as to cause or allow the open burning of refuse

in violation of Section

9(c)

of the Act and Rule

3.05 of the Rules.

5.

Respondent has operated said refuse disposal site

in a manner that causes or allows the discharge of

contaminants

so as to cause or tend to cause water

pollution in violation of Section 12(a)

of the Act.

6.

Respondent has operated said refuse disposal site

in a manner that causes or allows contaminants to

be deposited upon the land in such

a place and manner

so as to create a water pollution hazard in violation

of Section 12(d)

of the Act.

7.

Respondent has operated said refuse disposal site

in a manner which caused, threatened or allowed the

discharge of contaminants

so as to cause or tend to

cause air pollution in violation of Section 9(a)

of

the Act.

8.

Respondent has failed to confine the dumping of

refuse to the smallest practicable area in violation

of Rule

5.03 of the Rules.

9.

Respondent has failed to provide adequate daily cover

in violation of Rule 5.07(a)

of the Rules.

10.

Respondent has failed to prevent the deposition of

refuse in standing water on the said refuse disposal

site in violation of Rule

5.12(c)

of the Rules.

11.

Respondent has failed to prevent the deposition of

liquids or hazardous materials on the said refuse

disposal site without written approval from the

Environmental Protection Agency,

in violation of

Rule 5.08 of the Rules.

A hearing concerning this case was held on May 4,

1973,

under Hearing Officer, Lawrence E.

Kraut.

During this hearing

a joint Stipulation and recommended settlement was submitted by

the Complainant and Respondent, together

with

the following

exhibits:

10—

10

---

—3—

EPA Group Exhibit No.

1

=

18 inspection reports of

the subject landfill site by EPA personnel

(Mr.

Rene Van Someren and Mr.

Staser) from July

8,

1970, to February 19,

1973.

EPA Group Exhibit Nos.

2,

3 and

4, which are sheets

of photographs

(taken by Mr. Volmer and Mr.

Van Someren) that show various scenes at the

subject landfill site on the date indicated beside

each photograph.

Respondent Exhibit No.

1, which is a photocopy of the

City of Morris application of February 9,

1968,

to the State of Illinois, Department of Public

Health, for registration of

a refuse disposal

site.

Respondent Exhibit No.

2, which is

a photocopy of

a

letter of February

7,

1973,

from Mr. C.E. Clark,

Manager of the Surveillance Section, Illinois

Environmental Protection Agency,

to the Mayor and

Council of Morris, Illinois, stating that the

subject site

“is being operated in general com-

pliance with the requirements of this Agency and

the Environmental Protection Act.”

The joint Stipulation in the above matter states as

follows:

a.

That the Respondent owns, operates and controls the

landfill described above and in Paragraph

1 of the

Complaint in this case and has done

so from on or

about July

1,

1970, and continues to do so to the

date of the hearing in this matter.

b.

That during the above-mentioned period, Respondent

operated its landfill without a permit from the

Environmental Protection Agency,

as charged in

Paragraph

2 above and in the Complaint.

c.

That during this period and particularly on the

dates set forth in Paragraphs

3,

4,

8,

9,

10, and

11 of the Complaint,

Respondent,

in the operation of

the aforesaid site, was in violation of Sections

9(c)

and 21(b)

of the Environmental Protection Act,

and of Rules

3.04,

3.05,

5.03,

5.07(a), 5.12(c)

and

5.08 of the Rules and Regulations for Refuse Disposal

Sites and Facilities, effective pursuant to Section

49(c)

of the Environmental Protection Act, all as

charged in Paragraphs

3,

4,

8,

9,

10, and 11 above

and in the Complaint.

10—11

---

—4—

d.

That as of on or about January

9,

1973,

the

Respondent now operates its site in general

compliance with the Rules.

e.

That Respondent has registered its site with

the Department of Public Health, and is presently

taking steps to obtain a permit from the

Environmental Protection Agency to operate the

aforesaid site.

f.

Respondent is currently conscious of the need

for the protection of our environment and has

taken the following steps as evidence of this

good faith and efforts:

1.

Spent $969,375 from June,

1970,

to November,

1971,

for a new secondary sewage treatment

plant and trunk lines, which were approved

by U.S. and Illinois EPA offices.

2.

In March and April,

1973, two contracts,

totaling $320,000, were awarded by the

City of Morris

(plans approved by Illinois

EPA)

to improve and extend storm and

sanitary sewers in the 4th Ward.

3.

The City has now stopped all open burning

and has stopped dumping refuse in standing

water;

it now compacts and covers garbage

and refuse on a daily basis~ it has employed

a new gate tender;

it has provided new office

facilities

for the gate tender which include

a portable water supply and sanitary

facilities;

it has an active program of

rodent control;

it has installed perimeter

fencing on the entire area and portable

litter fencing for the immediate dumping

area,

and has substantially complied with

all requests of inspectors as evidenced by

recent reports of the Illinois EPA surveil-

lance personnel.

4.

The City of Morris is now applying to the

Illinois EPA for a permit to operate the

subject refuse disposal site.

g.

The Environmental Protection Agency has informed the

Respondent that it will recommend to the Pollution

Control Board that a penalty of

$400 be assessed for

the violations hereby stipulated, but that the joint

stipulations made are not conditioned upon the amount

of the penalty which may be imposed by the Board.

The Board accepts the statement of violations agreed to in

10—12

---

—5—

the joint Stipulation and the improvements effected by the

Respondent to achieve compliance.

ORDER

Based upon the violations documented above and the

settlement recommended in the joint Stipulation,

it is the

order of the Board that:

1.

Respondent shall secure a valid permit from the

Illinois Environmental Protection Agency to

operate this refuse disposal site.

2.

Respondent shall operate this refuse disposal

site in compliance with all applicable rules.

3.

Respondent shall pay to the State of Illinois,

within 90 days after the date of this Order,

the

sum of

$400 as a penalty for the violations

found in this proceeding.

Penalty payment by

certified check or money order payable to the

State of Illinois shall be made to:

Fiscal

Services Division, Illinois EPA,

2200 Churchill

Drive,

Springfield, Illinois 62706.

I,

Christan L. Moffett,

Clerk of the Pollution Cont~olBoard,

certify that the above Order was adopted on the

~ ~

day of

____________

1973,

by a vote of

~

to

p.