RE3~ ~VED
CLERK’S
OFFICE
DEC
15
2003
~
STATE OF
ILLINOIS
Pollution
Control
Board
INFORMATIONAL NOTICE!!!
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,
I!linois 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.
RECEiVED
CLERK’S
OFFICE
DEC
152003
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
AMERICAN DISPOSAL SERVICES OF
ILLINOIS INC., and DAVID BRYANT
Respondent.
ACO~’~
)
(IEPA No.
702-03-AC)
)
)
)
)
)
NOTICE
OF FILING
To:
CT Corporation System
Registered Agent
for
American Disposal
Services of Illinois, Inc.
208 South Lasalle Street-Suite 814
Chicago, Illinois
60604
David Bryant, Certified Operator
Livingston Landfill
P.O.
Box 646
Pontiac, Illinois
61764
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION
CHECKLIST.
Respectfully submitted,
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
(217)
782-5544
Dated:
December
11, 2003
leM.Ryan
Special Assistant Attorney
General
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
THIS FILING SUBMITFED ON RECYCLED PAPER
REC~VED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
DEC
1
5
2003
ADMINISTRATIVE CITATION
STATE
OF ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
~‘
)
(IEPA No. 702-03-AC)
v.
)
)
AMERICAN
DISPOSAL SERVICES OF
)
ILLINOIS,
INC., and
DAVID BRYANT,
)
)
)
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 Respondent, American Disposal Services of Illinois, lnc,is the permitted owner
and
operatorof a facility
located on the north and south side of Rowe Road at Route 23, Pontiac,
Livingston County,
Illinois.
2.
That Respondent,
David Bryant,
is the Certified Operator of the above-referenced
facility.
3.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental Protection Agency Permit No. I 995-337-LF,
and is designated with Site Code No.
1058210002.
The facility is commonly known to the
Illinois Environmental Protection Agency as
Pontiac/Livingston Landfill.
I
5.
That Respondents have owned and/or operated
said facility at all times pertinent
hereto.
6.
That
on
November
14,
2003,
Kenneth
Keigley
of
the
Illinois
Environmental
Protection Agency’s Springfield Regional Office inspected the above-referenced facility.
A copy of
his insp~ction
report setting forth the results of said inspection
is attached hereto and made a part
hereof.
VIOLATIONS
Based
upon
direct
observations
made
by
Kenneth
Keigley
during
the
course
of
his
November14, 2003 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 operation in a mannerwhich resulted in
the failure
to collect and
contain
litter from
the site by the end of the operating day;a
violation of Section 21(o)(12)
of the Act, 415 ILCS 5/21 (o)(12) (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 notto petition the Illinois
Pollution Control Board, the statutory civil penaltyspecified above shall be due and payable no later
than January 30, 2004,
unless
otherwise provided by order of the Illinois
Pollution
Control Board.
If Respondents elect to contestthis Administrative Citationbypetitior~ng
the1lllnoisPollution
Control Board in accordancewith Section 31.1 oftheAct,415 ILCS 5/31.1
(2002), and if the Illinois
2
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs incurred by the
Illinois Environmental
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 the Act, 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 isdue
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 ofthe date of service of this Administrative Citation orthe Illinois Pollution
Control Board shall enter a default judgment against the Respondents.
-
RA4.I!.~.
C..
1424.io~
Date
I
2~
I
Yt
10?)
Renee
Cipriano,
Director
4~
‘-~‘-~-.
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
REMITTANCE
FORM
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
)
(IEPA No. 702-03-AC)
v.
)
AMERICAN DISPOSAL
SERVICES OF
)
ILLINOIS,
INC., and
DAVID BRYANT,
)
Respondents.
)
FACILITY:
Pontiac/Livingston Landfill
SITE CODE NO.:
1058210002
COUNTY:
Livingston
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
November 14, 2003
DATE REMITTED:
SS/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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFDAVIT
IN THE MATTER
OF:
Respondent
)
)
)
)
)
)
)
)
JEPA DOCKET NO.
Affiant,
Kenneth Keigley, being first duly sworn,
voluntarily deposes and states as follows:
I.
Affiant is a field inspector employed by theLand Pollution Control Division ofthe Illinois
Environmental Protection
Agency and has been so employed at
all times pertinent
hereto.
2.
On November
14,
2003,
between 05:10
A.M.
and
07:10
A.M.,
Affiant conducted
an
inspection
of
the sanitary landfill
in
Livingston
County,
Illinois,
known
as Livingston
Landfill,
Illinois Environmental Protection Agency SiteNo.
1058210002,
operating under
the
permit number
1995-337-LF.
3.
Affiant inspected said Livingston Landfill site by an on-site inspection which included
walking the
site.
4.
Before and/or
after said
inspection of said Livingston
Landfill site, Affiant reviewed
Illinois
Environmental
Protection Agency
permits issued to
the subject site
and
investigated into
whether or not required documents were timely filed on behalfofthe subject site.
5.
As
a
result
of the activities
referred to
in
Paragraph
3
above,
Affiant completed the
Inspection
Report form
attached hereto and
made
a
part hereof,
which,
to
the best
of Affiant’s
knowledge and belief,
is
an
accurate representation ofAffiant’s observations and factual conclusions
with respect to the Livingston Landfill site.
Subscribed and
Sworn to
before
me
this
_____
_________
2003.
Notary
Public
U
OFFICIAL SEAL
NOTARY PUBLIC -STATE
OF
ILLINOIS
SHARON LB.ARGER
ION~PIRES.O916~J
County:
Livingston
LPC#:
1058210002
Location/Site Name:
Pontiac/Livingston
Landfill
Date:
11/14/2003
Time:
From
05:10 am
To
Inspector(s):
Kenneth Keigley
No. of PhotosTaken:
#
15
Interviewed:
No
one present
Permitted Owner
Mailing Address
American
Disposal
Services of Illinois,
Inc.
Attn:
Mr.
Kevin
Finn,
Regional Vice-President
13701
South
Kostner Avenue
Crestwood,
Illinois
60445
Chief
Operator Mailing Address
Region:
4
-
Champaign
07:10 am
Previous
Inspection Date:
10/27/2003
Weather:
sunny
-
29
degrees
Samples Taken:
Yes #
No
~
Facility Phone No.:
815/844-3054
Certified Operator Mailing
Address
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
811
Solid Waste Landfill Inspection Checklist
Permitted
Operator Mailing Address
American Disposal
Services of Illinois,
Inc.
Livingston
Landfill
4~f)f/
~Jfr/
P.O.
Box646
Pontiac,
Illinois 61764
00j
American Disposal
Services of Illinois,
Inc.
Attn: Mr.
Dave
Bryant,
General Mgr.
&
Chief Operator
P.O.
Box 646
Pontiac,
Illinois
61764
American Disposal Services of
Illinois,
Inc.
Attn:
Mr.
Dave
Bryant, General
Mgr.
&
Chief Operator
P.O.
Box 646
Pontiac,
Illinois 61764
-
AUTHORIZATION:
OPERATIONAL
STATUS:
TYPE
OF OPERATION:
Significant Modification
Permit
Initial:
1995-337LF
Latest
Log
number 2002-349
Operating
Closed-Not Certified.
Closed-Date Certified:
Z
LI
Existing
New
Landfills
Landfills:
814-Subpart C
814-Subpart
D
81 1-Putre~./Chem.
SECTION
DESCRIPTION
VIOL
ILLINOIS
ENVIRONMENTAL PROTECTION
ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
nINE
2.
9(c)
CAUSE
OR
ALLOW OPEN
BURNING
LINE
3.
12(a)
CAUSE, THREATEN OR
ALLOW WATER POLLUTION
IN
ILLINOIS
LINE
4.
12(d)
CREATE A WATER POLLUTION HAZARD
LINE
5.
12(f)
CAUSE, THREATEN OR
ALLOW DISCHARGE WITHOUT OR
IN
VIOLATION OF AN NPDES PERMIT
LINE
~
6.
21(a)
CAUSE
OR ALLOW OPEN
DUMPING
LINE
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 ATITO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
9.
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT.
NE
~
Revised
06/1 8/200
1
(811
Solid Waste-I)
LPC#: 1058210002
Inspection
Date:
11/14/03
-
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN
ANY OF THE
FOLLOWING CONDITIONS:
(1)
Refuse
in
Standing or Flowing Water
LI
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E
(2)
Leachate Flows
Entering Waters of the
State
LI
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(3)
Leachate Flows
Exiting
the Landfill Confines
LI
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(4)
Open
Burning of Refuse in Violation
of Section 9 of the Act
LI,~j
~.
(5)
Uncovered Refuse
Remaining From Any Previous Operating Day or at
the
Conclusion of Any Operating Day
LI
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g~
(6)
Failure to
Provide Final Cover Within Time Limits
LI ~
(7)
Acceptance of Wastes Without Necessary Permits
LI
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(8)
Scavenging
as Defined
by Board
Regulations
LI
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(9)
Deposition of Refuse in Any Unpermitted Portion of the Landfill
LI
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(10)
Acceptance of Special Waste Without
a Required
Manifest
LI
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(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
(13)
Failure to
Submit Any Cost Estimate, Performance Bond or Other Security
LI
~
21(t)
CAUSE
OR ALLOW A LATERAL EXPANSION OF
A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF)
UNIT WITHOUT A PERMIT MODIFICATION
LI
~
21.6(b)
ACCEPTANCE OF
LIQUID
USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1,
1996)
LI
t~
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
LI
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to
Monitor
Gas,
Water,
Settling
LI ~
(b)
Failure
to Take Remedial
Action
LI
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E
22.22(c)
22.23(f)(2)
ACCEPTANCE OF LANDSCAPE
WASTE
FOR FINAL DISPOSAL
CAUSE
OR
ALLOW THE DISPOSAL
OF ANY LEAD-ACID BATTERY
LI~
e
LI
22.28(b)
ACCEPTANCE OF WHITE GOODS
FOR FINAL DISPOSAL
LI
AJ
E
55(b)(1)
ACCEPTANCE
OF ANY USED OR
WASTE TIRE FOR FINAL
DISPOSAL
(UNLESS LANDFILL MEETS
EXEMPTION OF 55(b)(1))
I~
56.1(a)
CAUSE
OR ALLOW THE DISPOSAL
OF ANY POTENTIALLY
INFECTIOUS MEDICAL WASTE
LI
N
~-
SOLID WASTE SITE
OPERATOR CERTIFICATION LAW REQUIREMENTS
225
ILCS
230/1004
CAUSING OF
ALLOWING OPERATION OF
A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
LI
~
35
ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE
G
PRIOR CONDUCT CERTIFICATION
REQUIREMENTS
745.181
CHIEF OPERATOR REQUIREMENTS
LI
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
-
LI
E
SPECIAL WASTE HAULING REQUIREMENTS
809.301
REQUIREMENTS
FOR DELIVERY
OF SPECIAL WASTE TO HAULERS
LI
~
~evised06/18/2001
(811
Solid Waste-2)
LPC#: 1058210002
Inspection
Date:
11/14/03
809.302(a)
REQUIREMENTS
FO
HAULERS
R ACCEPTANCE
OF SPECIAL WASTE FR OM
I
LI
J
MAN IFESTS,
RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
809.501
AND FORMS
(a)
Delivery of Special
Wa
ste
to Hauler
LI
~
(e)
Retention of Special W aste Manifests
=~~L~ALg
.,.
NEW
SOLID WAST
E LANDFILL
REQUIREMENTS
GENERAL STANDARDS
FOR ALL
LANDFILLS
811.103
SURFACEWATERDRAINAGE
(a)
Runoff from
Disturbed Areas
LI
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~
(b)
Diversion of
Runoff fro
m
Undisturbed Areas
LI
N
E
811.104
SURVEY CONTROL
(a)
Boundaries
Surveyed
and Marked
LI
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(b)
Stakes
and
Monument
s Marked
LI
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(c)
Stakes
and
Monument
s
Inspected
LI
lug.
(d)
Control
Monument Established and
Maintained
LI
.~
~
-
811.105
COMPACTION
LI
,~
.
811.106
DAILY COVER
(a)
Six Inches
Soil
LI ~
(b)
Alternative
Daily Cover
LI
,~
~
811.107
OPERATING STANDARDS
(a)
Phasing
of Operations
LI
p..~
(b)
Work
Face Size
and Slope
~LI
~
(c)
Equipment
LI
ME-
(d)
Utilities
LI
pJ~..
(e)
(f)
Maintenance
Open
Burning
LI
~.j
-LI
tiE
(g)
Dust Control
LI
M
(h)
Noise Control
LI
AJ
E
(i)
Vector Control
.
LI
~
~
(j)
Fire Protection
LI
,~~
(k)
Litter Control
(I)
Mud Tracking
LI ~
(m)
Liquid
Restrictions for MSWLF
Units
.Lt~L!~
811.108
SALVAGING
.
(a)
Salvaging
Interferes
with
Operation
LI
Al E
(b)
Safe and
Sanitary Manner
LI
,~
~
(c)
Management of Salvag able Materials
LIM ~E.
811.109
BOUNDARY CONTROL
(a)
Access
Restricted
LI
~j E
(b)
Proper
Sign
Posted
.
Revised
06/18/2001
(811 Solid Waste-3)
LPC#: 1058210002
Inspection Date:
11/14/03
33.
811.110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final
Slopes and Contours
LI
,j ~
(b)
Drainage
Ways and Swales
LI
~
~
(c)
Final
Configuration
LI
~
~
(d)
Written Closure Plan
LI
~
(e)
Initiation of Closure
Activities at MSWLF Units
LI
~
(f)
Completion of Closure Activities at MSWLF
Units
LI
~
(g)
Deed Notation for MSWLF Units
LI
,u~
34.
811.111
POST-CLOSURE
MAINTENANCE
(a)
Procedures After Receipt of
Final Volume of Waste
LI
N
(b)
Remove
All
Equipment of Structures
LI
,~
~
(c)
Maintenance
and Inspection of the Final Cover and Vegetation
LI
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(d)
Planned
Uses of Property at MSWLF Units
LI
~
~.
35.
811.112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
LI
tUE
(b)
Load Checking Requirements
LI
.u.~.
(c)
Gas Monitoring
Records
LI
~&JL.E
(d)
MSWLF Liquid
Restriction
Records
-
LI
~
£
(e)
Groundwater Monitoring Program Requirements
E
(f)
Closure and
Post Closure Care Requirements
LI
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(g)
Cost Estimates
and Financial
Assurance Requirements
LI
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£
PART8II
SUBPART
C
-
PUTRESCIBLE AND CHEMICAL WASTE
LANDFILLS
~
36.
811.302
FACILITY LOCATION
(c)
Site Screening
(Does
Not Apply To Part 814-Subpart D Sites)
LI
~
37.
811.309
LEACHATE TREATMENT AND
DISPOSAL SYSTEM
(a)
General Requirements
LI
~
(c)
Standards for On-Site Treatment and Pretreatment
LI~.J
£
(d)
Standards for
Leachate Storage System
LIAJ
t~
(e)
Standards for
Discharge to Off-Site Treatment
LI
AJ~
(f)
Standards for
Leachate Recycling Systems
LI
p.l’j~
(g)
Standards for Leachate Monitoring Systems
LI 1’j
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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 ,~j
~
(d)
Monitoring Parameters
LI ~
~
.39.
811.311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions
for Installation of Gas Management System
LI jj
(b)
Notification and
Implementation
Requirements
LI ,~j
~
(c)
Standards for Gas Venting
LIMj~
(d)
Standards for Gas Collection
LI
~
~evised
06/18/2001
(811
Solid Waste-4)
LPC #:
1058210002
Inspection Date:
11/14/03
40.
811.312
LANDFILL GAS
PROCESS AND DISPQSAL SYSTEM
(c)
No
Unpermitted Gas Discharge
.
LI
~
(d)
Gas Flow Rate Measurements
into Treat~nentof Combustion Device
LI
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(e)
Standards for
Gas
Flares
Il~j.j
~
(f)
Standards
for On-Site
Combustion of Landfill Gas
Using
Devices Other Than
LI
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i~
I
(g)
Gas Transported
Off-Site
Li
&, i~
41.
811.313
INTERMEDIATECOVER
.
(a)
Requirements for the Application for Intermediate Cover.
LI
~j
(b)
Runoff and Infiltration Control
I
LI
pJ~
(c)
Maintenance of Intermediate Cover
FEI
Ki
42.
811.314
FINAL COVER SYSTEM
(DOES NOT APPLY TO 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
~j~
(c)
Standards for Final
Protective Layer
LI t~
~
43.
811.316
PLUGGINGANDSEALINGOFDRILLHOLES
.
LI
~
44.
811.321
WASTE
PLACEMENT
-
(a)
Phasing of Operations
LI ~j E
(b)
Initial Waste Placement
LI
~
45.
811.322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and
Minimizing
Erosion
-
LI
t’J E
—
.
(b)
Slopes
Required to Drain
.
LI
M ~
(c)
Vegetation
LI
~j’g~
(d)
Structures
Built over the
Unit./
LI
ME
46.
811.323
LOAD CHECKING
PROGRAM
(a)
Load Checking
Program
Implemented
LI
.tQ.~
(b)
Load Checking
Program for PCB’s at MSWLF Units
.
LI
4 ~
(c)
Load Checking
Program Components
LI AJE-
(d)
Handling Regulated
Hazardous Wastes
LI
ju~
PART 811
SUBPART
D
—
MANAGEMENT OF
SPECIAL WASTES AT
LANDFILLS
47.
48.
811.402
811.403
NOTICE TO GENERATORS AND TRANSPORTERS
~LI~
SPECIALWASTE MANIFESTS REQUIREMENTS
~ LI~~
49.
811.404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
LI
~.j~
(b)
Special Waste Recertification
.
LI
~j
50.
811.405
RECORDKEEPING REQUIREMENTS
.
.
LI
,~ ~
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
~A)E
Revised 06/18/200 1
(811
Solid
Waste-5)
LPC#:
1058210002
Inspection Date:
11/14/03
52.
~V~r
FINANCIAL ASSURANCE
811.700
COMPLY WITH FINANCIAL ASSURANCE
REQUIREMENTS OF PART
811,SUBPARTG
LI
~~JE
—
53.
811.701
UPGRADING
FINANCIAL ASSURANCE
LI
54.
811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
LI~~
55.
811.705
REVISION OF COST ESTIMATE
LI
~
SOLID WASTE_FEE_SYSTEM_REQUIREMENTS
56.
.
Part 858
Subpart
B
MAINTAINED,
RETAINED
& SUBMITTED DAILY
& MONTHLY SOLID
WASTE RECORDS
AND
QUARTERLY SOLID WASTE SUMMARIES
LI ~
~
57.
Part
858
Subpart
C
MAINTAINED,
RETAINED
& SUBMITTED
DAILY &
MONTHLY SOLID
WASTE RECORDS
AND QUARTERLY SOLID WASTE SUMMARIES
WHERE INCOMING WASTE
IS NOT
WEIGHED
(LIST SPECIFIC
LI
—
~‘
OTHER REQUIREMENTS
58.
OTHER:
APPARENT VIOLATION
OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
-
.
LI
~
~
59.
1995-LMF
Condition
Il(2)(I)
LI~
.
LI~
LI~
Informational Notes
1.
Illinois
Environmental
Protection Act: 415
ILCS 5/4.
2.
Illinois Pollution
Control Board: 35
III. Adm.
Code, Subtitle
G.
3.
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 Illinois
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
Illinois
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.
LI,~
4
V
4
Revised
06/18/2001
(811
Solid Waste-6)
Illinois
Environmental
ProtectiOn Agency
Bureau of Land•Fieid Operations Section .Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
.
Inspector: Kenneth Keigley
‘
2 6~
~j~-
Inspecti’6n Date: November
14, 2003
.
Complaint Number:
C04-06
I -CH, C04-050-CH
GIS
Data: Latitude-N40.93
1550,
Longitude-W088.65548°
(Gamiin
GPSMap 76S)
General
Comments:
On November
14, 2003
at 05:10 A.M., I conducted an inspection at the Livingston Landfill,
located on the north and
south side of Rowe Road at Route 23,
in Pontiac, Illinois.
This
inspection was conducted in response to complaints
from local citizens concerning blowing litter
at the landfill.
The purpose ofthis inspection was to determine regulatory status and evaluate
compliance with the Environmental Protection Act (Act) and Title 35
Illinois Administrative
Code,
Subtitle G: Land Pollutiob (Regulations).
The inspection consisted of walking around the
site and taking
pictures, neither
the Operations Manager or General Manager were present at the
site and the facility office was not yet open.
The weather was sunny, the temperature 29 degrees.
Background:
Livingston Landfill is an
operating Putrescible/Chemical Waste Landfill operating under the
Illinois Environmental Protection Agency permit number
1995-337-LF for parcels A, B,
and C
and
1999-307 for Parcel D and regulated by
35 Illinois Administrative
Code, Part 811, Standards
fbi- New Landfills.
The Landfill is owned by American Disposal Services ofIllinois, Inc.,
a
suhsidiai’y ofAllied
Waste, whose Regional Vice President, Kevin Finn,
is located at
13701
Kostner Avenue, Crestwood, Illinois 60445.
The site General Manager
and Certified Operator is
David Bryant,
P.O. Box
646, Pontiac, Illinois 61764, phone
number 815/844-3911.
The
Registered Agent for American Disposal Services of Illinois, Inc.
is CT Corporation Systems,
208 South Lasalle Street, Suite 814, Chicago, Illinois 60604.
Inspection:
This inspection addresses only the litter complaints and litter issues at the landfill.
No other
issues are addressed in this report.
When I arrived at the landfill I noted that
no
trucks had yet entered the landfill and the wind was
calm.
I waited until
daylight then traveled around the landfill looking for litter from the previous
day’s operation.
I noted that dumping operations had commenced and litter was not blowing
from the working face ofthe landfill.
.
1
Illinois
Environmental
Protection Agency
Bureau of Land. Field Operations Section,Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
Inspector: Kenneth Keigley
Inspection Date: November
14, 2003
Complaint Number: C04-061-CH,
C04-050-CH
GIS Data: Latitude-N40.93
1550,
Longitude-W08 8.65548°(Garmin GPSMap
76S)
Aloiig the fence at the east side of Parcel Al
saw several pieces oflitter consisting of plastic
caught in the fence (see photos #1
through
#6).
Back at the northeast corner ofParcel A looking east on the south side ofRowe Road toward
State Route 23
I also saw litter consisting ofPlastic (see photo #7).
At the same location looking
west along the south side of Rowe Road I saw more litter in and
along the fence consisting of
plastic and paper (see photo #8).
Looking along the north side ofRowe Road along the south side ofparcel D I also saw several
pieces oflitter at various locations (see photos
#9 through #11).
At the west side ofthe Parcel C area ofthe landfill along the county road I again saw litter on the
ground (see photo #12).
I drove to the Route 23
landfill entrance into the Parcel D portion of the landfill where I again
saw several pieces oflitter caught in the fence (see photos
#13
and
#15).
In the perimeter ditch along the east side ofnew cell D6 I saw a considerable amount of litter
consisting ofpaper and plastic, part of which was frozen in the ice at the bottom ofthe ditch.
I left the site at 07:10 am.
On the day following the inspection I discussed the litter problem with Mr. Bryant to let him
know I had been
to the site and let him know what I observed.
Apparent violations observed during this
inspection:
Environmental Protection Act.
415 ILCS
5/1
et. seq. (formerly Ill.
Rev. Stat. Ch. 111
1/2,
1001
et. seq.) hereinafter
called the “Act”
#1
Pursuant to
Section 21(d)(l) of the Act, no person shall conduct any waste-storage,
waste-treatment,
or waste-disposal
operation
in violation ofa permit granted by the
Agency.
2
Illinois
Environmental
Protection Agency
Bureau of Land ,Field Operations Section.Champaign
1
05821 0002/Livingston
Pontiac/Livingston
Landfill
FOS
Inspector: Kenneth Keigley
Inspect~nDate: November
14, 2003
Complaint Number: C04-061-CH, C04-050-CH
GIS Data:
Latitude-N40.93155°,Longitude-W088.65548°(Garmin GPSMap 76S)
A violation of Section
21 (d)(1)
is alleged for the following reason: waste disposal
operation was
conducted in violation of a permit granted by the Agency.
#2
Pursuant
to Section
21 (d)(2) of the Act, no person
shall conduct any waste-storage,
waste-treatment, or waste-disposal operation
in
violation ofregulations adopted by the
Illinois
Pollution Control Board.
A violation of Section 21(d)(2) is alleged for the following reason:
a waste
disposal
operation was
conducted in violation of regulations adopted by the IPCB.
#3
Pursuant to
Section 2 1(e) ofthe Act, no person shall dispose, treat, store or abandon
any waste or transport any waste into this
State for disposal, treatment, storage, or
abandonment,
except at
a site or facility which meets the requirements of this Act and
ofregulations and standards thereunder.
A violation of Section 21(e) is alleged for the following reason:
waste was
disposed
of at
this site, which
does not meet the requirements of the Act and of
regulations
and standards thereunder.
#4
Pursuant to
Section 21(o)(12) ofthe Act, no
one shall conduct a sanitary landfill
operation in a manner which results in failure to
collect and contain litter from the site by
the end ofeach operating day.
A Violation of Section 21(o)(12)
is alleged for the following reason:
litter
from
the
previous day’s
operation
was observed
at
various
locations throughout the landfill.
35 Illinois Administrative
Code. (Title 35: Environmental Protection, Subtitle G:
Land
Pollution, Chapter I:
(Pollution Control Board)
Regulations
#5
Pursuant to Section
81 l.107(k)(l) ofthe Regulations, the operator shall patrol the facility
daily to
check for litter accumulation.
All litter shall be
collected and placed in the fill or
in a secure covered container.
3
Illinois Environmental
Protection Agency
Bureau of Land,Field Operations Section,Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
Inspector: Kenneth Keigley
Inspection Date: November 14, 2003
Complaint Number: C04-06 I-CH,
C04-050-CH
GIS Data:
Latitude-N40.93
155°,
Longitude-W088.65548°(Garmin GPSMap 76S)
A violation ofSection
81 l.107(k)(l) is alleged for the following reason:
litter from the
previous
day’s
operation was
not collected and
placed
into the fill or
in
secure
covered containers.
Permit Number 1995-337-LFM
#6
pursuant to Condition II(2)(1) ofthe Permit. Pursuant
to 35
IAC, Sections 811.107(a) and
811.107(b), throughout the operating life ofthis landfill, waste
shall not be placed
in a
manner orrate which results in:
failure to collect and
contain litter from the previous
operating day.
A violation of Condidion II(2)(l) is alleged for the following reason:
litter
from the
previous operating
day was observed during
this inspection.
4
Illinois Environmental Protection Agency
Bureau of Land•
Field
Opei-ations Section
+
Champaign Region
1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS
Inspector: Kenneth Keigley
Date: November
14, 2003
12
Not to Scale
Arrows denote direction
and location of photos
Parcels Dl
—
D6
Cell
D6
6-
Site Sketch
4
9
10
8
Rowe Road
13
15-v
14
/
Route 23
2
3
4
~4—6
5
N
gas to energy plant
7
~.
Semi trailer
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHO TOGRAPHS
LPC # 1058210002
—
Livingston County
‘PontiaclLivingston Landfill
FOS Fife
DATE: 11-14-2003
TIME: 06:27 AM
DIRECTION: Northwest
PHOTO by:
Kenneth Keigley
PHOTO FILE NAME:
1058210002
—
11142003-001.jpg
COMMENTS:
DATE: 11-14-2003
TIME: 06:28 AM
DIRECTION:
West
PHOTO by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002—11142003-002.jpg
COMMENTS:
•
Illinois
Environmental
Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC#1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE: 11-14-2003
TIME: 06:29 AM
DIRECTION: West
PHOTO by:
Kenneth
Keigley
PHOTO FILE
NAME:
1058210002
—
11142003-OO3Jpg
COMMENTS:
DATE: 11-14-2003
TIME: 06:30AM
DIRECTION: Northeast
PHOTO by: Kenneth Ke~gIey
PHOTO FILE NAME:
1058210002—11142003-004.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC #
1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE: 11-14-2003
TIME: 06:31 AM
DIRECTION: Southeast
PHOTO
by:
Kenneth Keigley
PHOTO
FILE
NAME:
1058210002—
11142003-005.jpg
COMMENTS:
DATE:
11-14-2003
TIME: 06:31
AM
DIRECTION: West
PHOTO
by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002—11 142003-006.jpg
COMMENTS:
•
Illinois Environmental
Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC #1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOSFile
DATE: 11-14-2003
TIME: 06:33 AM
DIRECTION:
East
PHOTO
by: Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
11142003-OO7Jpg
COMMENTS:
DATE: 11-14-2003
TIME: 06:34 AM
DIRECTION:
West
PHOTO by:
Kenneth Keigley
PHOTO
FILE
NAME:
1058210002—11 142003-008.jpg
COMMENTS:
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE: 11-14-2003
TIME:
06:36 AM
DIRECTION:
East
PHOTO
by:
Kenneth Keigley
PHOTO FILE NAME:
1058210002— 11142003-009.jpg
COMMENTS:
DATE: 11-14-2003
TIME: 06:37 AM
DIRECTION:
North
PHOTO
by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002—11 142003-010.jpg
COMMENTS:
~r1~1~j-~r.J
;
1
-
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002— Livingston County
Pontiac/Livingston Landfill
FOS File
DATE: 11-14-2003
TIME: 06:38
PM
DIRECTION: Northwest
PHOTO by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
11142003-011.jpg
COMMENTS:
DATE: 11-14-2003
TIME: 06:41 AM
DIRECTION:
East
PHOTO by:
Kenneth
Keigley
PHOTO
FILE
NAME:
1058210002—11142003-012.jpg
COMMENTS:
•
Illinois Environmental
Protection Agency
Bureau of Land
DIGITAL
PHO TOGRAPHS
LPC #;1058210002— Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE:
11-14-2003
TIME: 06:47 AM
DIRECTION: Northeast
PHOTO
by:
Kenneth Keig fey
PHOTO FILE NAME:
1058210002
—
11142003-013.jpg
COMMENTS:
DATE: 04-15-2003
TIME: 06:47 AM.
DIRECTION:
Southeast
PHOTO by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002—11142003-01 4.jpg
COMMENTS:
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC #1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE:
11-14-2003
TIME: 06:48 AM
DIRECTION:
Northeast
PHOTO by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
11142003-015.jpg
COMMENTS:
P.
L
PROOF OF SERVICE
Thereby certifythat I did
on the 11th day ofDecember, send by Certified Mail, Return Receipt
Requested, with postagethereon fully prepaid, by depositing in a United States Post OfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST
To:
CT Corporation System
David Bryant, Certified Operator
Registered Agent for American Disposal
Livingston Landfill
Services ofIllinois,
Inc.
P.O. Box 646
208 South Lasalle Street-Suite 814
Pontiac, Illinois
61764
Chicago, Illinois
60604
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 Gunn, Clerk
Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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
THIS
FILiNG
SUBMITTED ON RECYCLED PAPER
