Lisa Madigan
Al -l ORNFY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re
:
People v. City of Flora
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance, Complaint, Motion for Relief from Hearing Requirement and Stipulation and Proposal
for Settlement in regard to the above-captioned matter . Please file the originals and return file-
stamped copies to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
Very truly yours,
OFFICE OF THE ATTORNEY GENERAL
STATE
OF ILLINOIS
January 12, 2006
risten Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
'FlY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
'FEY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
"I" I'Y: (618) 529-6403
•
Fax: (618) 529-6416
RECEIVED
CLERK'S OFFICE
JAN
1 8 2006
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEI\/ED
CLERK'S OFFICE
PEOPLE OF THE STATE OF
)
JAN 1 8 2006
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs
.
)
PCB No. 06-PCB-
(Enforcement)
CITY OF FLORA, an Illinois
)
municipal corporation,
)
Respondent
.
)
NOTICE OF FILING
To
:
CITY OF FLORA
c/o Mr. Robert Coble
832 West North Avenue
P.O. Box 538
Flora, IL 62839
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, MOTION FOR RELIEF FROM HEARING
REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT, a copy of which is
attached hereto and herewith served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
/KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: January 12, 2006
CERTIFICATE OF SERVICE
I hereby certify that I did on January 12, 2006, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING, COMPLAINT, MOTION FOR RELIEF
FROM HEARING REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
:
To
:
CITY OF FLORA
c/o Mr. Robert Coble
832 West North Avenue
P.O. Box 538
Flora, IL 62839
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
This filing is submitted on recycled paper
.
C
-KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
No . 06-PCB-
(Enforcement-Water)
CITY OF FLORA, an Illinois
)
municipal corporation,
)
Respondent .
)
RECEIVED
JAN 1 8 2006
STATE OF ILLINOIS
Pollution Control Board
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 31(c)(2) of the
Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31(c)(2) (2004), moves that the Illinois
Pollution Control Board grant the parties in the above-captioned matter relief from the hearing
requirement imposed by Section 31(c)(1) of the Act, 415 ILCS 5/31 (c)(1) (2004). In support of
this motion, Complainant states as follows
:
1
.
The parties have reached agreement on all outstanding issues in this matter
.
2
.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement, filed contemporaneously with this motion .
3 .
All parties agree that a hearing on the Stipulation and Proposal for Settlement is
not necessary, and respectfully request relief from such a hearing as allowed by Section
31 (c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004)
.
1
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth in Section
31(c)(1) of the Act, 415 II-CS 5/31(c)(1) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: January 12, 2006
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
KRISTEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel. LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Complainant,
)
vs .
)
No. 06 - PCB
(Land-Enforcement)
CITY OF FLORA, an Illinois municipal
)
corporation,
)
Respondent .
)
THE ILLINOIS POLLUTION CONTROL BOARD
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent, CITY OF FLORA, an Illinois municipal
corporation, as follows
:
COUNT I
LANDFILL OPERATION VIOLATIONS
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31
(2004) .
2 .
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia, with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
1
RECEIVED
CLERK'S OFFICE
JAN 1 8 2006
STATE OF ILLINOIS
Pollution Control Board
3 .
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and opportunity for a meeting with the Illinois
EPA .
4 .
The Respondent, CITY OF FLORA is an Illinois municipal corporation located in
Clay County, Illinois. The Respondent owns the Flora Municipal #2 Landfill ("landfill"), a solid
waste disposal site consisting of approximately 121 acres. The landfill is located off of Route 1
South in the NE 1/4 of Section 2, Township 2N, Range 2E, Harter Township, Clay County,
Illinois .
5 .
Section 3.385 of the Act, 415 ILCS 5/3 .385 (2004), provides as follows
:
"REFUSE" means waste
.
6
.
Section 3.535 of the Act, 415 ILCS 5/3 .535 (2004), provides as follows
:
"WASTE" means any garbage
.
.
.
or other discarded material, including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations, and from community activities,
.
.
.
f t 4
7
.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows
:
No person shall :
d .
Conduct any waste-storage, waste-treatment, or waste-
disposal operation
:
Without a permit granted by the Agency or in violation of
any conditions imposed by such permit .
.
.
. ; or
2
.
In violation of any regulations or standards adopted by the
Board under this Act; or
* f
e .
Dispose, treat, store or abandon any waste
. .
.except at a site or
facility which meets the requirements of this Act and of regulations
and standards thereunder .
2
8 .
Section 807.305 of the Board's Sanitary Landfill Regulations, 35 III . Adm. Code
807.305, provides
:
Unless otherwise specifically provided by permit, the following cover
requirements shall be followed
:
c)
Final Cover - a compacted layer of not less than two feet of suitable
material shall be placed over the entire surface of each portion of the final
lift not later than 60 days following the placement of refuse in the final lift,
unless a different schedule has been authorized in the Operating Permit
.
9
.
Section 807.306 of the Board's Sanitary Landfill Regulations, 35 III . Adm. Code
807.306, provides
:
807.311, provides
:
All litter shall be collected from the sanitary landfill site by the end of each
working day and either placed in the fill and compacted and covered that day, or
stored in a covered container
.
10
.
Section 807 .311 of the Board's Sanitary Landfill Regulations, 35 III . Adm. Code
No person shall cause or allow open burning at a sanitary landfill site except in
accordance with the provisions of 35 III . Adm. Code: Subtitle B (prior to
codification: Chapter 2, Part V : Open Burning), of the Rules and Regulations of
the Pollution Control Board (35 III, Adm . Code : Subtitle B, Chapter I)
11
.
Section 745 .181 of the Board's Waste Disposal Certification Regulations, 35 III
.
Adm. Code 745.181, provides, in pertinent part, as follows
:
b)
The owner or other named permitee shall designate one or more chief
operators for each waste disposal site
.
12
.
Section 807 .502 of the Board's Solid Waste Regulations, 35 III . Adm. Code
807.502, provides, in pertinent part, as follows
:
In addition to the specific requirements of this Part, an operator of a waste
management site shall close the site in a manner which
:
a)
Minimizes the need for further maintenance
;
3
13 .
Section 807.508 of the Board's Solid Waste Regulations,
35 III. Adm. Code
807.508, provides, in pertinent part, as follows
:
a)
When closure is completed, the operator of a waste management site
shall submit to the Agency
:
* * f
2)
An affidavit by the operator and by a professional engineer that
the site has been closed in accordance with the closure
plan
.
14
.
The landfill was permitted to handle municipal refuse and municipal sewer
sludge under Permit 1971-45-OP issued on November 4, 1971, and a Supplemental Permit
1992-226-SP, issued on October 1, 1993
.
The landfill ceased accepting waste on October 16,
1990. The Illinois EPA facility identification number is 0250100002 .
15 .
On September 30, 2002, Illinois EPA conducted an inspection of the landfill and
noted violations of open dumping, inadequate monitoring well conditions, the presence of
cracking and erosion gulleys, and the absence of the
information needed to certify closure of
the landfill .
16
.
On April 13, 2003, Illinois EPA received a letter from the former City
Administrator of Flora, indicating that he would no longer be the operator of the Flora Municipal
#2 Landfill
.
17
.
On August 13, 2003, Illinois EPA returned and conducted another inspection of
the landfill for the purpose of determining the current conditions of the landfill . During the
inspection, a person was tilling the soil on the landfill, a portion of the landfill had been farmed
and vegetated growth along the northeast perimeter of the farmland had been burned
.
18 .
Waste was scattered in the central and southern portion of the landfill that had
been tilled. The waste consisted of half a dozen red containers labeled as poison and
exhibiting a skull & cross bones
.
4
19 .
Gasses were being released in a low lying area, shown by the continuous
presence of bubbles surfacing and popping, and a sheen on the surface of ponded water in that
area. Because the cover on the landfill had been tilled, it could not determine if there were still
cracking and erosion gulleys that had been observed on the last inspection
.
20 .
Illinois EPA reviewed the files at the landfill and found no documentation that
another operator had been assigned to the landfill
.
21
.
Illinois EPA reviewed records at Illinois EPA and found that the landfill is closed
but has not submitted an affidavit for certification of completion of closure by a professional
engineer
.
22
.
On December 13, 2004, Illinois EPA conducted an inspection of the landfill . The
required compact layer of not less than 2 feet of suitable material was not in place in the area
where the soil had been tilled . The landfill did not have vegetative growth over the entire
landscape, and there was standing water in different locations on the landfill
.
23
.
On March 17, 2005, Illinois EPA returned to the landfill for an inspection. When
Illinois EPA arrived at the landfill there was a tractor tilling the northwestern corner of the
landfill. The tilling of the landfill removed the required two feet of compacted suitable material
and the northwestern area lacked vegetative growth. General refuse and litter, including two
tires and a mangled red canister with a skull and crossbones, was scattered northwest and
northeast of the gate at the landfill
.
24 .
By not maintaining at least two feet of compacted suitable material on the landfill,
the Respondent has violated Section 807 .305 of the Board's Solid Waste Regulations, 35 III
.
Adm. Code 807 .305 .
25 .
By allowing litter to accumulate on the landfill, the Respondent has violated
Section 807.306 of the Board's Solid Waste Regulations, 35 III . Adm. Code 807.306
.
5
26
.
By causing or allowing open burning of vegetation at the landfill, the Respondent
has violated Section 807 .311 of the Board's Solid Waste Regulations, 35 III . Adm. Code
807.311
.
27 .
By not having a designated operator for the landfill, Respondent has violated
Section 745.181 of the Board's Waste Disposal Certification Regulations, 35 III . Adm. Code
745.181
.
28 .
By tilling the landfill, not having vegetative growth, allowing standing water, and
allowing the presence of waste on the landfill, the Respondent has not closed the landfill in a
manner that minimizes the need for further maintenance in violation of Section 807.502 of the
Board's Solid Waste Regulations, 35 III . Adm. Code 807 .502
.
29
.
By not submitting to the Illinois EPA an affidavit by a professional engineer that
the site has been closed according to the closure plan, Respondent has violated Section
807.508 of the Board's Solid Waste Regulations, 35 III . Adm. Code 807 .508
.
30.
By tilling the landfill, open burning, and allowing the presence of waste,
Respondent has disposed, treated, or stored waste at a site that does not meet the
requirements of the Act or regulations, thereby violating Section 21(e) of the Act, 415 ILCS
21(e)(2004)
31
.
By violating the Act and Board regulations, the Respondent has violated Section
21 (d)(2) of the Act, 415 ILCS 5/21 (d)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Court grant the following relief
:
A
.
Find that the Respondent, CITY OF FLORA, has violated Sections 21(d)(2) and
21(e) of the Act, 415 ILCS 5/21 (d)(2), 21(e) (2004), and Sections 807.311, 745 .181, 807.502,
6
and 807.508 of the Board's Solid Waste Regulations, 35 III. Adm. Code 807 .311, 745.181,
807.502, and 807.508 .
B
.
Permanently enjoin the Respondent, CITY OF FLORA, from further violations of
the Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e)
(2004) ;
C .
Order the Respondent, CITY OF FLORA, to bring the landfill into compliance
with the Act and Board regulations
;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent, CITY OF FLORA, a monetary penalty of not more than the statutory maximum ;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and costs
; and
F
.
Grant such other and further relief as the Court deems appropriate
.
COUNT II
GROUNDWATER POLLUTION
1-23. The Complainant realleges and incorporates by reference paragraphs 1 through
23 of Count I as if fully set forth herein as paragraphs 1 through 23 of this Count 11
.
24 .
Section 3.550 of the Act, 415 ILCS 5/3.550 (2004), provides as follows :
"WATERS" means all accumulations of water, surface and underground, natural,
and artificial, public and private, or parts thereof, which are wholly or partially
within, flow through, or border upon this State .
25
.
Section 3 .545 of the Act, 415 ILCS 5/3 .545 (2004), provides as follows
:
"WATER POLLUTION" is such alteration of the physical, thermal, chemical,
biological or radioactive properties of any waters of the State, or such discharge
of any contaminant into any waters of the State, as will or is likely to create a
nuisance or render such waters harmful or detrimental or injurious to public
health, safety or welfare, or to domestic, commercial, industrial, agricultural,
7
Code 620.115, provides
:
Code 620.405, provides :
recreational, or other legitimate uses, or to livestock, wild animals, birds, fish, or
other aquatic life .
26 .
.
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), provides
:
No person shall
:
(a)
Cause or threaten or allow the discharge of any contaminants into the
environment in any State so as to cause or tend to cause water pollution
in Illinois, either alone or in combination with matter from other sources,
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act
.
27 .
Section 620.115 of the Board's Groundwater Quality Regulations, 35 III. Adm .
No person shall cause, threaten or allow a violation of the Act, the Illinois
Groundwater Protection Act (IGPA) or regulations adopted by the Board
thereunder, including but not limited to this Part
.
28 .
Section 620.405 of the Board's Groundwater Quality Regulations, 35 Ill . Adm
.
No person shall cause, threaten or allow the release of any contaminant to
groundwater so as to cause a groundwater quality standard set forth in this
Subpart to be exceeded
.
29 .
Section 620.420(a) of the Board's Groundwater Quality Regulations, 35 III . Adm .
Code 620.420(a), provides, in pertinent part, as follows :
a)
Inorganic Chemical Constituents
2)
Except as provided in Section 620.450 or subsection (a)(3) or (d) of this
Section, concentrations of the following chemical constituents must not
be exceeded in Class II groundwater
:
h * f
8
Constituent
Standard (mg/L)
Chloride
200 .0
Total Dissolved Solid (TDS)
1,200 .0
Sulfate
400 .0
30
.
Section 807.302 of the Board's Sanitary Landfill Regulations, 35, III . Adm. Code
807.302, provides
:
All conditions and provisions of each permit shall be complied with .
31
.
Special Condition 6(b) of Attachment A of Permit #1971-45-OP and 1992-226-
SP provides
:
The permittee shall conclude that a significant change in groundwater quality has
occurred if the results of the evaluation in item No
. 5 above indicate that the
value for any parameter exceeds :
b
.
The applicable groundwater quality standards listed in Subpart D of 35
IAC 620 Standards (e .g
. Class I and Class
II)
;
.
.
.
32
.
Special Condition 8 of Attachment A of Permit #1971-45-OP and 1992-226-SP
provides, in pertinent part, as follows
:
In the event a significant change in groundwater quality has occurred or has
been confirmed, the permittee shall
:
a
.
Notify the [EPA, Division of Land Pollution Control, Permit Section, in
writing, within 10 days of the change in groundwater quality,
identifying
each well and each parameter ;
b
.
Submit an assessment monitoring plan within 30 days of the
significant
change as determined in item No. 6 or item No. 7 above in the form of a
supplemental permit application
.
The assessment monitoring plan shall
include appropriate methods for determining the source of the increase,
the potential threat to human health and the environment and the
concentration and extent of the contaminants if any
. The assessment
monitoring plan shall, at a minimum, include expanded sampling
requirements for the affected well(s) and shall be implemented within 30
days of approval from the Agency
.
33 .
Special Condition #18 of Attachment A of Permit #1971-45-OP and 1992-226-SP
provides, in pertinent part, as follows :
The concentration or values for the parameters contained in Lists 1, 2 and 3
shall be determined for samples collected from the groundwater monitoring
points and reported according to the schedule in item No. 22 and evaluated in
accordance with item No . 5
.
9
List 3
34
.
On March 1, 2004, Illinois EPA reviewed groundwater data for the landfill from
groundwater analytical information dated October 6, 2003, as well as analytical data collected
from 2000 through 2003. The analytical data was compared to the Class II standards in
Section 620.420 of the Board Groundwater Quality Regulations, 35 III. Adm. Code. 620.420 .
35 .
Illinois EPA found four exceedences of inorganic Class II standards in the
October 6, 2003 data and multiple exceedences of the inorganic Class II standards in the
analytical data submitted for the January 2000 through July 2003 sampling events
.
36
.
Illinois EPA did not receive notification from Respondent when a change in the
groundwater was detected, nor did Illinois EPA receive an assessment plan within 30 days of
the determination of a significant change in groundwater quality
.
37 .
Since at least January 2000, Respondent has exceeded the sulfate standard for
groundwater of 400 mg/L in three monitoring wells :
10
Sample Collection
Date
Monitoring Wells
G101
G106
G107
1/27/2000
NE
1000
1670
4/20/2000
NE
1270
1740
7/25/2000
NE
ND
1810
8/15/2000
NE
2720
ND
10/9/2000
NE
1170
1580
1/16/2001
NE
1500
1920
Volatile Organic Parameters
(Unfiltered)
Practical Quantitation Limits
(PQL)
Acetone
10 ug/L
2-Butanone
10 ug/L
Carbon Disulfide
5 ug/L
38
.
Since at least January 2000, Respondent has exceeded the total dissolved solids
(TDS) standard for groundwater of 1,200 mg/L in four monitoring wells
:
11
Sample Collection
Monitoring Wells
Date
G101
G103
G106
G107
1/27/2000
NE
1490
2900
3090
4/20/2000
NE
NE
3370
2850
7/25/2000
NE
NE
ND
2980
8/15/2000
NE
NE
3450
ND
10/9/2000
NE
NE
3420
3000
1/16/2001
NE
NE
3360
3050
4/4/2001
NE
NE
3230
3010
7/5/2001
NE
NE
3500
3010
10/2/2001
NE
1370
3110
3130
2/21/2002
NE
NE
3360
2960
Sample Collection
Monitoring Wells
Date
G101
G106
G107
4/4/2001
NE
1440
1880
7/5/2001
NE
1460
1800
10/2/2001
NE
1290
1860
2/21/2002
412
1470
1850
4/5/2002
418
1440
1690
7/2/2002
472
1610
1850
10/2/2002
404
1280
1770
1/6/2003
NE
1170
1620
4/8/2003
458
1380
1630
7/3/2003
494
1500
1760
10/6/2003
NE
1360
1850
NE = Nonexceedence of the Standard
ND = No data available for that date
39 .
Since at least October 2000, Respondent has exceeded the chloride standard for
groundwater of 200 mg/L in two monitoring wells
:
12
Sample Collection
Monitoring Wells
Date
G101
G104
1/27/2000
NE
NE
4/20/2000
NE
NE
7/25/2000
NE
NE
8/15/2000
NE
NE
10/9/2000
249
NE
1/16/2001
258
227
4/4/2001
223
280
7/5/2001
NE
NE
10/2/2001
212
NE
2/21/2002
NE
NE
4/5/2002
205
279
7/2/2002
NE
NE
10/2/2002
NE
NE
1/6/2003
213
NE
Sample Collection
Date
Monitoring Wells
0101
6103
0106
G107
4/5/2002
1220
NE
3460
3040
7/2/2002
1280
NE
3490
2940
10/2/2002
1230
1550
3040
3080
1/6/2003
1200
1340
3110
2870
4/8/2003
1350
NE
3480
3080
7/3/2003
1420
NE
3640
3150
10/6/2003
NE
NE
3340
3120
NE = Nonexceedence of the Standard
ND = No data available for that date
40 .
In the May 2003 sampling event three volatile organic parameters exceeded the
standards established in Special Condition 18 of Attachment A of Permit #1971-45-OP
.
41
.
By exceeding the groundwater standards for TDS and chloride, Respondent has
not complied with Special Condition 6(b) of Permits 1971-45-OP and 1992-226-SP
.
42
.
By exceeding the groundwater standards for Acetone, 2-Butane, and Carbon
Disulfide, Respondent has not complied with Special Condition 18 of Permits 1971-45-OP and
1992-226-SP .
43 .
By exceeding the groundwater standards for sulfate, TDS, and chloride,
Respondent has violated Sections 620 .115 and 620 620.420(a) of the Board's Groundwater
Quality Regulations, 35 III. Adm. Code 620 .115, 620.420(a)
.
44 .
By causing or allowing the release of contaminants to the groundwater so as to
cause the groundwater quality standards to be exceeded, Respondent has violated Section
620.405 of the Board's Groundwater Quality Regulations, 35 III. Adm. Code 620 .405 .
13
Volatile Organic
Parameter
G101
G103
Acetone
84 .2 ug/L
161 .0 ug/L
2-Butanone
406.0 ug/L
164.0 ug/L
Carbon Disulfide
NE
5.52 ug/L
NE = Nonexceedence of the Standard
Sample Collection
Date
Monitoring Wells
G101
G104
418/2003
222
NE
7/3/2003
240
NE
10/6/2003
NE
NE
NE = Nonexceedence of the Standard
ND = No data available for that date
45 .
By causing or allowing contaminants into the groundwater, the Respondent has
caused or allowed water pollution in violation of Section 12(a) of the Act, 415 ILLS 5/12(a)
(2004)
.
46 .
By not notifying Illinois EPA of a change in the groundwater or submitting a plan
within 30 days of a significant change in groundwater quality, Respondent has not complied
with Special Condition 8(a) & 8(b) of Permits 1971-45-OP and 1992-226-SP .
47 .
By conducting a waste-disposal operation in violation of Permits 1971-45-OP
and 1992-226-SP, Respondent has violated Section 21(d)(1) of the Act, 415 ILLS 5/21(d)(1)
(2004) and Section 807.302 of the Board's Sanitary Landfill Regulations, 35 III . Adm. Code
807.302 .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Court grant the following relief
:
A.
Find that the Respondent, CITY OF FLORA, has violated Sectionsl2(a) and
21(d)(1) of the Act, 415 ILLS 5/12(a), 21(d)(1) (2004), Sections 620 .115, 620.405, and
620.420(a) of the Board's Solid Waste Regulations 35 III. Adm. Code 620 .115, 620.405,
620.420(a), and Special Conditions 6(a), 8(a), 8(b), and 18 of Permits 1971-45-OP and 1992-
226-SP
.
B
.
Permanently enjoin the Respondent, CITY OF FLORA, from further violations of
the Act and associated regulations pursuant to Section 42(e) of the Act, 415 ILCS 5/42(e)
(2004) ;
C
.
Order the Respondent, CITY OF FLORA, to bring the landfill into compliance
with the Act, Board regulations, and permit
;
14
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent, CITY OF FLORA, a monetary penalty of not more than the statutory maximum
;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and costs ; and
F
.
Grant such other and further relief as the Court deems appropriate .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel .
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
.. Litigation Division
BY :
a-._-.-
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
KRISTEN LAUGHRIDGE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: January 12, 2006
15
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 1 8 2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
Pollution Control Board
)
Complainant,
)
v .
)
PCB No. 06-PCB-
135
CITY OF FLORA, an Illinois municipal
)
(Enforcement)
corporation
)
Respondent .
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"),
and the City of Flora ("Respondent"), have agreed to the making of this Stipulation and Proposal
for Settlement ("Stipulation") and submit it to the Illinois Pollution Control Board ("Board") for
approval. The parties agree that the statement of facts contained herein represents a fair
summary of the evidence and testimony which would be introduced by the parties if a hearing
were held. The parties further stipulate that this statement of facts is made and agreed upon for
purposes of settlement only and that neither the fact that a party has entered into this Stipulation,
nor any of the facts stipulated herein, shall be introduced into evidence in any other proceeding
regarding the claims asserted in the Complaint except as otherwise provided herein . If the Board
approves and enters this Stipulation, Respondent agrees to be bound by the Stipulation and Board
Order and not to contest their validity in any subsequent proceeding to implement or enforce
their terms .
I . JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq
.
(2004) .
II . AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to legally
bind them to it .
III. STATEMENT OF FACTS
A .
Parties
On the same date of entry as this Proposed Stipulation, a Complaint was filed on
behalf of the People of the State of Illinois by Lisa Madigan, Attorney General of the State of
Illinois, on her own motion and upon the request of the Illinois EPA, pursuant to Section 31 of
the Act, 415 ILCS 5/31(2004), against the Respondent
.
2 .
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (2004)
.
3
.
At all times relevant to the Complaint, Respondent, CITY OF FLORA was an
Illinois municipal corporation located in Clay County, Illinois. The Respondent owns a 121 acre
site known as the Flora Municipal #2 Landfill . Approximately forty acres of the site is permitted
for solid waste disposal . The landfill is located off of Route I South in the NE 1/4 of Section 2,
Township 2N, Range 6E, Harter Township, Clay County, Illinois
.
B .
Site Description
1
.
The landfill was permitted to handle municipal refuse and municipal sewer sludge
under Permit 1971-45-OP issued on November 4, 1971, and a Supplemental Permit
1992-226-SP, issued on October 1, 1993 . The landfill ceased accepting waste on October 16,
1990
.
2
.
On September 30, 2002, August 13, 2003, December 13, 2004, and March 17,
2005, Illinois EPA conducted inspections of the landfill
.
3
.
At the landfill, there was open dumping, inadequate monitoring well conditions,
the presence of cracking and erosion gulleys, and the absence of the information needed to certify
closure of the landfill. The landfill was being tilled and farmed, and gasses were being released
in a low-lying area. The required compact layer of two feet of suitable material was not in place
in the area where the soil had been tilled. The landfill did not have vegetative growth over the
entire landscape, and there was standing water in different locations on the landfill
.
4
.
On April 23, 2003, Illinois EPA received a letter from the former City
Administrator of Flora, indicating that he would no longer be the operator of the Flora Municipal
#2 Landfill. Another operator had not been assigned to the landfill
.
5
.
The Respondent had closed the landfill but had not submitted an affidavit for
certification of completion of closure by a professional engineer
.
6
.
On March 1, 2004, Illinois EPA reviewed groundwater data for the landfill from
groundwater analytical information dated October 6, 2003, as well as analytical data collected
2
from 2000 through 2003
.
7 .
There were four exceedences of inorganic Class II standards in the October 6,
2003 data and multiple exceedences of the inorganic Class II standards in the analytical data
submitted for the January 2000 through July 2003 sampling events
.
8
.
Illinois EPA did not receive notification from Respondent when a change in the
groundwater was detected, nor did Illinois EPA receive an assessment plan within 30 days of the
determination of a significant change in groundwater quality
.
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations
:
1992-226-SP .
D
.
Admission of Violations
The Respondent admits to the violations alleged in the Complaint filed in this matter and
referenced within Section III .C herein .
3
Count I :
Section 21(d)(2) and 21(e) of the Act, 415 ILCS 5/21(d)(2), (e) (2004) and
Sections 807.305, 807.306, 807.311, 745.181, 807.502, and 807 .508 of the
Board's Solid Waste Regulations, 35 Ill . Adm. Code 807.305, 807.306,
807.311, 745.181, 807.502, 807.508
.
Count II
:
Sectionsl2(a) and 21(d)(1) of the Act, 415 ILCS 5/12(a), 21(d)(1) (2004),
Sections 620.115, 620.405, and 620.420(a) of the Board's Solid Waste
Regulations 35 111. Adm. Code 620.115, 620.405, 620.420(a), and Special
Conditions 6(a), 8(a), 8(b), and 18 of Permits 1971-45-OP and
E
.
Compliance Activities to Date
1
.
On August 26, 2005, Illinois EPA certified the closure of the landfill, thus a chief
operator was not longer required
.
2
.
On August 16, 2005, the Respondent submitted an Application for Supplemental
Permit Modification and the Assessment Summary Report with the Illinois EPA. The
Assessment Summary Report included groundwater samples from the landfill and proposed a
corrective action assessment . The groundwater samples showed elevated levels of sulfate and
total dissolved solids ("TDS"). The Respondent proposed installing four additional groundwater
monitoring wells on the adjacent properties west and south of the landfill to verify clean
groundwater at those locations. Samples would be collected quarterly and analyzed for TDS,
sulfate, and chloride .
3
.
The decision date by Illinois EPA for the Application for Supplemental Permit
Modification and the Assessment Summary Report is November 11, 2005
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the Respondent,
and any officer, director, agent, or employee of the Respondent, as well as any successors or
assigns of the Respondent . The Respondent shall not raise as a defense to any enforcement
action taken pursuant to this Stipulation the failure of any of its officers, directors, agents,
employees or successors or assigns to take such action as shall be required to comply with the
provisions of this Stipulation
.
4
1
.
No change in ownership, corporate status or operator of the facility shall in any way alter
the responsibilities of the Respondent under this Stipulation and Proposal for Settlement . In the
event of any conveyance of title, easement or other interest in the facility, the Respondent shall
continue to be bound by and remain liable for performance of all obligations under this
Stipulation
.
2
.
In the event that the Respondent proposes to sell or transfer any real property or
operations subject to any Order accepting and adopting the terms of this Stipulation and Proposal
for Settlement, the Respondent shall notify the Complainant 30 days prior to the conveyance of
title, ownership or other interest, including a leasehold interest in the facility or a portion thereof
.
The Respondent shall make the prospective purchaser or successor's compliance with any Order
accepting and adopting the terms of this Stipulation a condition of any such sale or transfer and
shall provide a copy of this Stipulation and any Order accepting and adopting the terms of this
Stipulation to any such successor in interest . This provision does not relieve the Respondent
from compliance with any regulatory requirement regarding notice and transfer of applicable
facility permits
.
3
.
The Respondent shall notify each contractor to be retained to perform work required by
any Order accepting and adopting the terms of this Stipulation of each of the requirements of said
Order relevant to the activities to be performed by that contractor, including all relevant work
schedules and reporting deadlines, and shall provide a copy of this Stipulation and any Order
accepting and adopting the terms of this Stipulation to each contractor already retained no later
5
than 30 days after the date of adoption of this Stipulation . In addition, the Respondent shall
provide copies of all schedules for implementation of the provisions of this Stipulation to the
prime vendor(s) supplying the control technology systems and other equipment required by any
Order accepting and adopting the terms of this Stipulation
.
V . COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent to comply with
any other federal, state or local laws or regulations including, but not limited to, the Act and the
Board regulations, 35 Ill. Adm. Code, Subtitles A through H .
VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2004), provides as follows
:
In making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited to
:
the character and degree of injury to, or interference with the
protection of the health, general welfare and physical property of
the people ;
2 .
the social and economic value of the pollution source
;
3
.
the suitability or unsuitability of the pollution source to the area in
which it is located, including the question of priority of location in
the area involved
;
4 .
the technical practicability and economic reasonableness of
reducing or eliminating the emissions, discharges or deposits
resulting from such pollution source; and
6
5
.
any subsequent compliance
.
In response to these factors, the parties state the following
:
Human health and the environment were threatened by the Respondent's
violations at the landfill
.
2
.
There is social and economic benefit to the landfill
.
Operation and closure of the landfill is suitable for the area in which it is in
.
4
.
Obtaining certified closure of the landfill and submitting a supplemental permit
modification and compliance with the terms of both is both technically practicable and
economically reasonable
.
5
.
Respondent has subsequently complied with the Act and the Board Regulations
.
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides as follows :
In determining the appropriate civil penalty to be imposed under
.
.
. this Section,
the Board is authorized to consider any matters of record in mitigation or
aggravation of penalty, including but not limited to the following factors
:
the duration and gravity of the violation ;
2
.
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations thereunder or
to secure relief therefrom as provided by this Act
;
3
.
any economic benefits accrued by the respondent because of delay in compliance
with requirements, in which case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance ;
4 .
the amount of monetary penalty which will serve to deter further violations by the
respondent and to otherwise aid in enhancing voluntary compliance with this Act
7
by the respondent and other persons similarly subject to the Act
;
5
.
the number, proximity in time, and gravity of previously adjudicated violations of
this Act by the respondent
;
6
.
whether the respondent voluntarily self-disclosed, in accordance with subsection i
of this Section, the non-compliance to the Agency ; and
7 .
whether the respondent has agreed to undertake a "supplemental environmental
project," which means an environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action brought under this Act,
but which the respondent is not otherwise legally required to perform
.
In response to these factors, the parties state as follows
:
1
.
The Respondent failed to obtain closure certification of its landfill prior to tilling
and using the landfill for farming activities, and did not properly manage the landfill
.
Furthermore, the Respondent failed to timely submit an Application for Supplemental Permit
Modification and the Assessment Summary Report. The violations began on or around
September 30, 2002, and were individually resolved at various times in 2005
.
2 .
Respondent was diligent in attempting to come back into compliance with the
Act, Board regulations and applicable federal regulations, once the Illinois EPA notified it of its
noncompliance .
3
.
Economic Benefit was derived by the delay in certified closure of the landfill, and
improper management of the landfill
.
4
.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Nine Thousand Six Hundred Dollars ($9,600.00) will serve to deter further violations
and aid in future voluntary compliance with the Act and Board regulations
.
5 .
To Complainant's knowledge, Respondent has no previously adjudicated
8
violations of the Act .
6 .
Self-disclosure is not at issue in this matter
.
7 .
The settlement of this matter does not include a supplemental environmental
project .
VIII. TERMS OF SETTLEMENT
A .
Penalty Payment
1
.
The Respondent shall pay a civil penalty in the sum of Nine Thousand Six
Hundred Dollars ($9,600.00) within thirty (30) days from the date the Board adopts and accepts
this Stipulation . The Respondent stipulates that payment has been tendered to Respondent's
attorney of record in this matter in a form acceptable to that attorney . Further, Respondent
stipulates that said attorney has been directed to make the penalty payment on behalf of
Respondent, within thirty (30) days from the date the Board adopts and accepts this Stipulation,
in a manner prescribed below . The penalty described in this Stipulation shall be paid by certified
check, money order or electronic funds transfer payable to the Illinois EPA, designated to the
Illinois Environmental Protection Trust Fund and submitted to
:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name and number of the case shall appear on the check. A copy of the certified check,
money order or record of electronic funds transfer and any transmittal letter shall be sent to
:
Kristen Laughridge
9
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
James Kropid
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
2
.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2004), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (2004) . Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
accrue until the date payment is received. When partial payment(s) are made, such partial
payment shall be first applied to any interest on unpaid payment then due and owing . All interest
on payment owed shall be paid by certified check, money order or electronic funds transfer,
payable to the Illinois EPA, designated to the Illinois Environmental Protection Trust Fund and
delivered to the address and in the manner described above
.
3
.
For purposes of payment and collection, Respondent may be reached at the
following address
:
Mr. Robert Coble
Coble & Milone
832 West North Ave
.
P.O. Box 538
Flora, IL 62839
4
.
In the event of default of this Section VIII .A, the Complainant shall be entitled to
10
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees .
B .
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation, including the
Release from Liability contained in Section VIII .F, below, the Respondent hereby agrees that this
Stipulation may be used against the Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the Act and the Board Regulations
promulgated thereunder for all violations alleged in the Complaint in this matter, for purposes of
Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS 5/39(a) and(i) and/or 5/42(h)(2004)
.
Further, Respondent agrees to waive any rights to contest, in any subsequent enforcement action
or permit proceeding, any allegations that these alleged violations were adjudicated
.
C .
Cease and Desist
The Respondent shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint as outlined in Section III .C
("Allegations of Non-Compliance") of this Stipulation
.
D .
Release from Liability
In consideration of the Respondent's payment of the $9,600.00 penalty and any specified
costs and accrued interest, completion of all activities required hereunder, to Cease and Desist as
1
1
contained in Section VIILE and upon the Pollution Control Board's acceptance and approval of
the terms of this Stipulation and Proposal for Settlement, the Complainant releases, waives and
discharges the Respondent from any further liability or penalties for violations of the Act and
Board Regulations that were the subject matter of the Complaint herein . The release set forth
above does not extend to any matters other than those expressly specified in Complainant's
Complaint filed on the same date as this Proposed Stipulation. The Complainant reserves, and
this Stipulation is without prejudice to, all rights of the State of Illinois against the Respondent
with respect to all other matters, including but not limited to, the following
:
a .
criminal liability ;
b
.
liability for future violation of state, federal, local, and common laws and/or
regulations
;
c .
liability for natural resources damage arising out of the alleged violations ; and
d .
liability or claims based on the Respondent's failure to satisfy the requirements of
this Stipulation
.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPA may have against any person, as
defined by Section 3 .315 of the Act, 415 ILCS 5/3.315, or entity other than the Respondent
.
E
.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and representatives, and
the Attorney General, her agents and representatives, shall have the right of entry into and upon
12
the Respondent's facility which is the subject of this Stipulation, at all reasonable times for the
purposes of carrying out inspections . In conducting such inspections, the Illinois EPA, its
employees and representatives, and the Attorney General, her employees and representatives may
take photographs, samples, and collect information, as they deem necessary
.
F.
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any compliance dates or
modify the terms of this Stipulation . A request for any modification shall be made in writing and
submitted to the contact persons identified in Section VIII.H. Any such request shall be made by
separate document, and shall not be submitted within any other report or submittal required by
this Stipulation. Any such agreed modification shall be in writing, signed by authorized
representatives of each party, and then accompany a joint motion to the Illinois Pollution Control
Board seeking a modification of the prior order approving and accepting the Stipulation to
approve and accept the Stipulation as amended
.
G .
Enforcement of Board Order
1
.
Upon the entry of the Board's Order approving and accepting this Stipulation and
Proposal for Settlement, that Order is a binding and enforceable order of the Illinois Pollution
Control Board and may be enforced as such through any and all available means
.
2
.
Respondent agrees that notice of any subsequent proceeding to enforce the Board
Order approving and accepting this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process
.
13
3
.
The parties agree that, if the Board does not approve and accept this Stipulation
and Proposal for Settlement, then neither party is bound by the terms herein
.
4 .
It is the intent of the Complainant and Respondent that the provisions of this
Stipulation and Proposal for Settlement and any Board Order accepting and approving such shall
be severable, and should any provision be declared by a court of competent jurisdiction to be
inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect .
1 4
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY
:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY
:
CITY OF FLORA
BY
:
ree-'e
x,
IC
Name
:
Charles A
.
Crowder
Title :
Mayor
1l
.
r
ROBERT
A.
MES
A
Chief Legal Counsel
1 5
