1021 NORTH GRAND AVENUE EAST, P .O
. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-(zvt'~~Q~~
t
•°y iIVEE)
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
- (31 2f h
OFFICE
ROD R . BLAGO)EVICH, GOVERNOR
DOUGLAS P
. SCOTT, DIRECTOR
FEB
a
4 200
Pollution
STATE OF
Control
ILLINOISBoard
(217) 782-9817
TDD : (217) 782-9143
February 7, 2007
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v
. Waste Management of Illinois, Inc
., and CT
Corporation System
IEPA File No. 32-07-AC
; 1438165003-Peoria County
Dear Clerk Gunn :
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s)
.
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail
. As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD -4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
• Des PLAINES-9511 W . Harrison St ., Des PI aines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131 • PEORIA-5415 N
. University St., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND - PEORIA-7620 N . University St ., Peoria, IL 61614 -(309) 693-5462
• CHAMPAIGN - 2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd
., Springfield, IL 62706-(217) 786-6892 • COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION - 2309 W-Main St ., Suite 116, Marion, IL 62959 -
(618) 993-7200
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIf
E C
E I VIE
D
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
STATE OF ILLINOIS
)
Pollution Control Board
PROTECTION AGENCY,
)
~-Y
Complainant,
)
AC
v .
)
(IEPA No . 32-07-AC)
WASTE MANAGEMENT OF ILLINOIS, )
INC
., and CT CORPORATION SYSTEM, )
Respondents.
)
NOTICE OF FILING
To :
Waste Management of Illinois, Inc .
CT Corporation System
Attention : Steve Harenberg
208 South LaSalle Street
3550 East Washington Street
Suite 814
East Peoria, Illiniois 61611
Chicago, Illinois 60604
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,
_~
1
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : February 7, 2006
ichell M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEQCLERK'S
OFFICE
ADMINISTRATIVE CITATION
FEB
0
7f~7
ILLINOIS ENVIRONMENTAL
STATE OF ILLINOIS
)
PROTECTION
AGENCY,
Pollution Control
Boar(!
Complainant,
)
AC(IEPA
U~
No. 32-07-AC)
v.
)
WASTE MANAGEMENT OF ILLINOIS,INC .,)
and CT CORPORATION SYSTEM,
)
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 (2004) .
FACTS
1 .
That Waste Management of Illinois Inc . is the permitted operator and CT Corporation
System is the registered agent ("Respondents") of a facility located at 11501 W
. Cottonwood Road,
Brimfield, Peoria County, Illinois
.
2 .
That said facility is a sanitary landfill, operating under Illinois Environmental
Protection Agency Permit No
. 1996-089-LF, and is designated with Site Code No . 1438165003 .
The facility is commonly known to the Illinois Environmental Protection Agency as Peoria
City/County Landfill #2 .
3 .
That Respondents have operated said facility at all times pertinent hereto .
1
4.
That on January 10, 2007, James Jones of the Illinois Environmental Protection
Agency's Peoria Regional Office inspected the above-referenced facility . A copy of his inspection
report setting forth the results of said inspection
is attached hereto and made a part hereof.
VIOLATIONS
Based upon direct observations made by James Jones during the course of his January 10,
2007 inspection of the above-referenced facility, the Illinois Environmental Protection Agency has
determined that Respondents violated the Illinois
Environmental Protection Act (hereinafter, the
"Act") as follows :
(1) That Respondents conducted a sanitary landfill in a manner which resulted in the failure
to collect and contain litter by the end of each operating
day, a violation of Section
21(o)(12) of the Act, 415 ILCS 5/21
(o)(12) (2004) .
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5142(b)(4) (2004), Respondents are
subject to a civil penalty of Five Hundred Dollars ($500 .00) for each of the violations identified
above, for a total of Five Hundred Dollars ($500 .00) . If Respondents elect not to petition the Illinois
Pollution Control Board, the statutory civil penalty specified above shall be due and payable no later
than March 30, 2007, unless otherwise provided by order of the Illinois Pollution Control Board .
If Respondents elect to contest this Administrative Citation
by petitioning the Illinois Pollution
Control Board in accordance with Section 31 .1 of the Act, 415 ILCS 5/31 .1 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs
incurred by the Illinois Environmental
2
Protection Agency and the Illinois Pollution Control Board . Those hearing costs shall be assessed
in addition to the statutory civil penalty.
Pursuant to Section 31 .1 (d)(1) of the Act, 415 ILCS 5/31
.1 (d)(1)
(2004), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of 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
against the Respondents from the date payment is due up to and including the date that payment is
received
. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2004) . If Respondents elect to contest
this Administrative Citation, then Respondents shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601 . A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P .O. Box 19276, Springfield,
Illinois 62794-9276
. Section 31 .1 of the Act provides that any Petition for Review shall be filed
within thirty-five (35) days of the date of service of this Administrative Citation orthe Illinois Pollution
Control Board shall enter a default judgment against the Respondents .
SC.Wtf
Date
2-1-7
!O'7
Douglas
Illinois
PEnvironmental
.
cott, DirectorProtection
A--*
Agency
.
vv-c
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
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC 0 ? `~y
(IEPA No
. 32-07-AC)
v.
)
DATE OF INSPECTION :
January 10, 2007
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
.
REMITTANCE FORM
5
RECEIVEDCLERK'S
OFFICE
FE2 Q 2007
STATE OF ILLINOIS
Pollution Control Board
WASTE MANAGEMENT OF ILLINOIS INC
.,)
and CT CORPORATION SYSTEM,
)
FACILITY :
SITE CODE NO . : 1438165003
Respondents .
)
Peoria City/County Landfill #2
COUNTY : Peoria
CIVIL PENALTY: $500 .00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
County :
Peoria
LPC#:
1438165003
Region : 3 -
Peoria
Location/Site Name :
Brimfield/Peoria City/County Landfill #2
Date :
01/10/2 007 Time: From 6 :04 AM
To 9 :30 AM Previous Inspection Date : 10/13/2006
Inspector(s) :
James Jones
Weather : Cloudy, 28F
No. of Photos Taken : # 20
Interviewed :
Steve Harenberg
Permitted Owner Mailing Address
Joint City of Peoria
- County of Peoria
Solid Waste Disposal Board
Attn : Stephen Van Winkle
419 Fulton St .
Peoria, Illinois 61602
Chief Operator Mailing Address
Daniel C . Erni
11501 W . Cottonwood Road
Brimfield, Illinois 61517
AUTHORIZATION :
OPERATIONAL STATUS :
Significant Modification Permit
Operating
Initial : 1996-089-LF
Closed-Not Certified .
Latest Log No . 2006-346 Closed-Date Certified : New Landfills :
Revised 9/21/2005
(811 Solid Waste-I)
Samples Taken
:
Yes #
No
Facility Phone No . : 309/565-4281
Permitted Operator Mailing Address
Waste Management of Illinois, Inc .
Peoria City/County Landfill #2
Attn : Steve Harenberg
11501 W . Cottonwood Rd .
Brimfield, Illinois 61517
Certified Operator Mailing Address
TYPE OF OPERATION :
Existing Landfills
814-Subpart C
814-Subpart D
811 -Putres ./Chem .
0
E
SECTION
DESCRIPTION
VIOL
INOIS
EN
UI MENTS
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN
ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
0
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN NPDES PERMIT
6.
21(a)
CAUSE OR ALLOW OPEN DUMPING
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 Requlations or Standards Adopted by the Board
~~
8.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR
TRANSPORT ANY WASTE INTO THE STATE AT/TO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
~5
9.
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
21(f)(1)
DISPOSAL OPERATION WITHOUT A RCRA PERMIT .
LPC # : 1438165003
Inspection Date : 01/10/2007
Revised 9/21/2005
(811 Solid Waste- 2 )
10.
1
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN ANY OF THE
FOLLOWING CONDITIONS :
(1)
Refuse in Standing or Flowing Water
(3)(2)
Leachate
Leachate Flows
Flows
Exiting
Entering
the
Waters
Landfill
of the
ConfinesState
U
(4)
Open Burning of Refuse in Violation of Section 9 of the Act
(5)
Uncovered Refuse Remaining From Any Previous Operating Day or at the
Conclusion of Any Operating Day
(6)
Failure to Provide Final Cover Within Time Limits
(7)
Acceptance of Wastes Without Necessary Permits
(8)
Scavenging as Defined by Board Regulations
(9)
Deposition of Refuse in Any Unpermitted Portion of the Landfill
(10)
Acceptance of Special Waste Without a Required Manifest
(11)
Failure to Submit Reports Required by Permits or Board Regulations
(12)
Failure to Collect and Contain Litter by the End of each Operating Day
~I
(13)
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
11 .
21
(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
M11r11F1rATInM
12.
21 .6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1, 1996)
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
14.
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
(b)
Failure to Take Remedial Action
15.
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
1617.
.
2222.28(b).23(f)(2)
ACCEPTANCE
CAUSE OR ALLOW
OF WHITE
THE DISPOSAL
GOODS FOR
OF
FINAL
ANY LEAD-ACID
DISPOSAL
BATTERY
U
18.
55(b)(1)
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS LANDFILL MEETS EXEMPTION OF 55(b)(1))
19.
56.1
(a)
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
INFECTIOUS MEDICAL WASTE
U
20.
225 ILCS
230/1004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
21
745 .181
f
T
I
(JIR
CHIEF OPERATOR REQUIREMENTS
22
745
.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
SPECIAL WASTE HAULINGfREQUIREMENTS
,
23.
809 .301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
LPC # : 1438165003
Inspection Date : 01/10/2007
Revised 9/21/2005
(811 Solid Waste- 3)
24.
809 .302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
25.
809 .501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste to Hauler
(e)
Retention of Special Waste Manifests
E
1 E
S''
PART -811
SUBPART
GENERAL STANDARDS FOR LL LAMSILLS
26.
811 .103
SURFACE WATER DRAINAGE
(a)
Runoff from Disturbed Areas
(b)
Diversion of Runoff from Undisturbed Areas
27.
811 .104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
(b)
Stakes and Monuments Marked
((d)c)
Stakes
Control
and
Monument
Monuments
Established
Inspectedand
Maintained
0
28.
811 .105
COMPACTION
29.
811 .106
DAILY COVER
(a)
Six Inches Soil
(b)
Alternative Daily Cover
30.
811 .107
OPERATING STANDARDS
(a)
Phasing of Operations
(b)
Work Face Size and Slope
(c)
Equipment
(d)
Utilities
(e)
Maintenance
(f)
Open Burning
(q)
Dust Control
(h)
Noise Control
(i)
Vector Control
Q)
Fire Protection
(k)
Litter Control
(I)
Mud Tracking
(m)
Liquid Restrictions for MSWLF Units
31 .
811
.108
SALVAGING
(a)
Salvaging Interferes with Operation
(b)
Safe and Sanitary Manner
(c)
Management of Salvagable Materials
32.
811 .109
BOUNDARY CONTROL
(a)
Access Restricted
(b)
Proper Sign Posted
LPC # : 1438165003
Inspection Date
: 01/10/2007
Revised 9/21/2005
(811 Solid Waste- 4)
33
.
811 .110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
(b)
Drainage Ways and Swales
(c)
Final Configuration
(d)
Written Closure Plan
(e)
Initiation of Closure Activities at MSWLF Units
(f)
Completion of Closure Activities at MSWLF Units
(g)
Deed Notation for MSWLF Units
34 .
811 .111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of Final Volume of Waste
(b)
Remove All Equipment of Structures
(c)
Maintenance and Inspection of the Final Cover and Vegetation
(d)
Planned Uses of Property at MSWLF Units
35.
811 .112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
(b)
Load Checking Requirements
(c)
Gas Monitoring Records
(d)
MSWLF Liquid Restriction Records
(e)
Groundwater Monitoring Program Requirements
(f)
Closure and Post Closure Care Requirements
(g)
Cost Estimates and Financial Assurance Requirements
STE'LANDFILLS
36.
811 .302
FACILITY LOCATION
(c)
Site Screening (Does Not Apply To Part 814-Subpart D Sites)
I
37.
811 .309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
(c)
Standards
General Requirementsfor
On-Site Treatment and Pretreatment
E
(d)
Standards for Leachate Storage System
(e)
Standards for Discharge to Off-Site Treatment
(f)
Standards for Leachate Recycling Systems
(g)
Standards for Leachate Monitoring Systems
38.
811 .310
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(b)
Location and Design of Gas Monitoring Wells
(c)
Monitoring Frequency for Landfill Gas
(d)
Monitoring Parameters
0
39.
811 .311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation of Gas Management System
(b)
Notification and Implementation Requirements
(c)
Standards for Gas Venting
(d)
Standards for Gas Collection
LPC #
: 1438165003
Inspection Date
: 01/10/2007
Revised 9/21/2005
(811 Solid Waste- 5)
40.
811 .312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
(c)
No Unpermitted Gas Discharge
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
(e)
Standards for Gas Flares
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flares
(q)
Gas Transported Off-Site
41 .
811 .313
INTERMEDIATE COVER
(a)
Requirements for the Application for Intermediate Cover
(b)
Runoff and Infiltration Control
fl
(c)
Maintenance of Intermediate Cover
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
(b)
Standards for Low Permeability Layer
(c)
Standards for Final Protective Layer
43.
811
.316
PLUGGING AND SEALING OF DRILL HOLES
44.
811 .321
WASTE PLACEMENT
(a)
Phasing of Operations
(b)
Initial Waste Placement
45.
811 .322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and Minimizing Erosion
(b)
Slopes Required to Drain
(c)
Vegetation
(d)
Structures Built over the Unit
46.
811 .323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
(b)
Load Checking Program for PCB's at MSWLF Units
(c)
Load Checking Program Components
(d)
Handling Regulated Hazardous Wastes
47. 811 .402
NOTICE TO GENERATORS AND TRANSPORTERS
48. 811 .403
SPECIAL WASTE MANIFESTS REQUIREMENTS
49.
811 .404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
(b)
Special Waste Recertification
50.
811 .405
RECORDKEEPING REQUIREMENTS
51
.
811 .406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC # : 1438165003
Inspection Date : 01/10/2007
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
.
Revised 9/21/2005
(811 Solid Waste- 6)
PART 811
5U$RART
G
FINANCIA
ANCE
52.
811 .700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
53 .
811 .701
UPGRADING FINANCIAL ASSURANCE
S
54.
811 .704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
55.
811 .705
REVISION OF COST ESTIMATE
SOk1q
::
R'
REMENTS=
56.
Part 858
Subpart B
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHERE INCOMING WASTE IS WEIGHED (LIST SPECIFIC SECTION
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
REQU,I
T,
58.
OTHER :
APPARENT VIOLATION OF
: ( ) PCB; ( CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
59.
LPC # : 1438165003
Inspection Date : 01/10/2007
PERMIT PROVISIONS"
PERMIT NUMBER
1996-089-LF,
Modification #55
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
Section II, conditions 2L, and 3, page 6 .
Revised 9/21/2005
(811 Solid Waste-7)
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
Inspection Date : January 10, 2007
Prepares By : James Jones
Page 1
NARRATIVE
On Wednesday, January 10, 2007, I (James Jones) performed a solid waste inspection at Peoria
City/County Landfill #2 in Brimfield . I arrived at the facility at 6 :04a.m . The gates to the
landfill were opened upon my arrival . Photograph #1 depicts the open gate . The inspection of
the landfill began in Cell 2 at daybreak at approximately 6 :40 a .m.
Peoria City/County Landfill #2 is owned by the Joint City of Peoria-County of Peoria Solid
Waste Disposal Board and operated by Waste Management of Illinois, Inc . Permit No. 1996-
089-LF was issued to the owner/operator on December 20, 1996 . Peoria City/County Landfill #2
is a new municipal solid waste and nonhazardous special waste landfill consisting of
approximately 99 .6 acres with 60 .0 acres of disposal area
. The landfill's waste volume consists
primarily of municipal solid waste, declassified special waste, and special waste . The landfilling
sequence for the development of the landfill consists of 10 cells . The first cell filled was Cell 1
followed by Cells 2 and 3 .
Peoria City/County Landfill #2 began operating in Cell 1 in March 1998 . To date the facility has
filled Cells 1, 2, 3, 4, and 10
. In October 2002, the facility requested a Significant Modification
permit to develop future landfill cells in non-sequential order . The Agency approved the request .
On January 16, 2003, the Agency approved the operating authorization for Cell 10 in
Modification No. 45 to Permit No . 1996-089-LF . In December 2004, the facility developed Cell
#9 and began landfilling operations shortly thereafter . The facility is currently operating in Cell
#9. On September 14, 2006, an application (Log No . 2006-346) to renew the Permit No. 1996-
089 was received by the Illinois EPA . Permit No. 1996-089-LF expired on December 15, 2006.
The landfill is allowed to continue to accept waste while the permit renewal is under review .
During the solid waste landfill inspection, I began photographing the physical condition of Cell
#2, which is depicted in photographs #2 through #20, to include the previous day's active area
(Tuesday, January 09, 2007) that is depicted in photographs #2 and #3 . The area was located at
the top of Cell #2 in the northeast corner of the Cell . The January 09, 2007 active area was
adequately covered with alternate daily cover (ADC), but wind blown uncollected litter from the
active area was strewn along the east slope of Cell 2 (see photographs #4 through #20) . The
uncollected litter covered an area of approximately 300 feet in length and 40 foot in width along
the upper terrace of the east slope of Cell 2 . According to Steve Harenberg, District Manager of
the landfill, LABOR READY employees were brought to the landfill to pick up the litter which
was placed in white plastic garbage bags for placement into the active face . A review of the
LABOR READY work ticket for January 9, 2007 indicates three workers worked a total of 9'/z
hours each picking up litter
. On the day of the inspection (January 10, 2007), Mr . Harenberg
informed me that three employees from LABOR READY were being brought to the landfill to
join two Waste Management employees, to pick up the remainder of the uncollected litter from
the previous day .
Following the inspection of Cell #2 and the 01/09/07 active area, I went to the landfill office to
complete the remainder of the 811 landfill inspection, which consisted of a review of the
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
Inspection Date : January 10, 2007
Prepares By : James Jones
Page 2
following documents : the facility's load checking program ; alternate daily cover (ADC) logs ;
leachate monitoring, collection and re-circulation records ; manifests ; and waste stream permits .
I departed the landfill at approximately 9 :30 a.m. To the best of my knowledge the three
LABOR READY employees and two Waste Management employees were still picking up litter .
Later on that day, Mr . Harenberg called my office to tell me that the employees had picked up all
of the litter by 2 :00 p .m . that day .
Based on my findings during the 01/10/07 landfill inspection, the following apparent violations
were observed and checked on the Landfill Inspection Checklist :
1 .
Pursuant to Section 21(d)(1) of the Act, in relevant part, no person shall 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, including periodic
reports and full access to adequate records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with regulations and standards adopted
there under.
A violation of Section 21(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(d)(I)) is alleged for the following reason : the facility operator conducted a
waste-disposal operation in violation of Section II, conditions 2L, and 3, page 6 of
Permit No
. 1996-089-LF (Modification No. 55).
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 of any regulations or standards
adopted by the Board under this Act .
A violation of Section 21(d)(2) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(d)(2)) is alleged for the following reason : the facility operator conducted a
waste-disposal operation in violation of Section 811 .107(k) of the Regulations .
3 . Pursuant to Section 21(e) of the 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 of
regulations and standards there under .
A violation of Section 21(e) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(e)) is alleged for the following reason : the facility operator disposed of waste at a
site that does not meet the requirements of Sections 21(d)(1), 21(d)(2), and 21(o)(12)
of the Act and Section 811 .107(k) of the Regulations .
4 .
Pursuant to Section 21(o)(12) of the Act, no person shall conduct a sanitary landfill
operation which is required to have a permit under subsection (d) of this Section, in a
1438165003 -
Peoria County
Peoria City/County Landfill #2
FOS
Inspection Date : January 10, 2007
Prepares By
: James Jones
Page 3
manner which results in failure to collect and contain litter from the site by the end of
each operating day
.
A violation of Section 21(o)(12) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(o)(12)) is alleged for the following reason
: the facility operator conducted a
sanitary landfill operation in a manner which resulted in litter not being collected
and contained from the site by the end of the operating day
.
5 .
Pursuant to 35 Ill . Adm
. Code 811 .107(k), 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 for later disposal
. The facility shall not accept solid waste from
vehicles that do not utilize devices such as covers or tarpaulins to control litter, unless the
nature of the solid waste load is such that it cannot cause any litter during its
transportation to the facility
.
A violation of 35 Ill . Adm. Code 811
.107(k) is alleged for the following reason : the
facility operator failed to collect and place all litter from the site in the till or in a
secure covered container for later disposal at the end of the operating day .
Attachments
: LABOR READY work tickets for January 09 & 10, 2007 .
JJ/
Site Name :
STATE OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
SITE SKETCH
Site
Date
Codeof
Inspection
: 1
: InspectorCounty
.
., -
Peor;a,
U070
WRIT
DATE : January 10, 2007
TIME: 6:06 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the west
PHOTOGRAPH NUMBER
: I
PHOTOGRAPH FILE NAME :
1438165003-01102007-OO! .jpg
COMMENTS :
DATE : January 10, 2007
TIME: 7:02 a.m.
PHOTOGRAPHED BY
:
James Jones
DIRECTION : Photograph taken toward
the west
PHOTOGRAPH NUMBER: 2
PHOTOGRAPH FILE NAME :
1438165003--01102007-002 .jpg
COMMENTS : 01/09/07 active area
covered with ADC, located at the top of
Cell 2 in its northeast corner .
1438165003 -
Peoria County
Peoria City/County Landfill #2
FOS
DOCUMENT FILE NAME
:
1438165003-01102007 .doc
Site Photographs
Page 1 of 10
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DATE : January 10, 2007
TIME: 7:03 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the northwest
PHOTOGRAPH NUMBER : 3
PHOTOGRAPH FILE NAME :
1438165003-01102007-003 .jpg
COMMENTS : Same as above .
DATE : January 10, 2007
TIME: 7:05 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 4
PHOTOGRAPH FILE NAME :
1438165003-01102007-004 .jpg
COMMENTS : Litter extended from
the previous day's active area, 40 feet
to the east and 300 feet to the south
along the east slope of Cell 2 .
DOCUMENT FILE NAME :
1438165003-01102007 .doc
Site Photographs
Page 2 of 10
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DATE : January 10, 2007
TIME : 7:05
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 5
PHOTOGRAPH FILE NAME :
1438165003-01102007-005 .jpg
COMMENTS
:
DATE : January 10, 2007
TIME: 7:05 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 6
PHOTOGRAPH FILE NAME :
1438165003-01102007-006 .jpg
COMMENTS :
DOCUMENT FILE NAME :
1438165003-01102007 .doc
Site Photographs
Page 3 of 10
1438165003 -
Peoria County
Peoria City/County Landfill #2
FOS
DATE
: January 10, 2007
TIME: 7:06 a.m
.
PHOTOGRAPHED BY
:
James Jones
DIRECTION
: Photograph taken toward
the south
PHOTOGRAPH NUMBER : 7
PHOTOGRAPH FILE NAME :
1438165003-01102007-007
.jpg
COMMENTS : This photograph depicts
bags of collected litter along the east
slope of Cell 2 near the previous day's
active area .
DATE
: January 10, 2007
TIME: 7:08 a.m
.
PHOTOGRAPHED BY :
James Jones
DIRECTION
: Photograph taken toward
the east
PHOTOGRAPH NUMBER : 8
PHOTOGRAPH FILE NAME
:
1438165003--01102007-008 .jpg
COMMENTS :
DOCUMENT FILE NAME :
1438165003-01102007
.doc
Site Photographs
Page 4 of 10
DATE : January 10, 2007
TIME : 7 :18 a.m.
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the north
PHOTOGRAPH NUMBER : 9
PHOTOGRAPH FILE NAME :
143816500301102007-009 .jpg
COMMENTS :
DATE
: January 10, 2007
TIME: 7:22 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the north
PHOTOGRAPH NUMBER : 10
PHOTOGRAPH FILE NAME :
1438165003-01102007-010 .jpg
COMMENTS :
1438165003 -
Peoria County
Peoria City/County Landfill #2
FOS
DOCUMENT FILE NAME
:
1438165003-01102007 .doc
Site Photographs
Page 5 of 10
DATE : January 10, 2007
TIME: 7:24 a.m.
PHOTOGRAPHED BY
:
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 11
PHOTOGRAPH FILE NAME :
1438165003-01102007-01 Ljpg
COMMENTS
:
DATE : January 10, 2007
TIME: 7 :24 a .m.
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the north
PHOTOGRAPH NUMBER
: 12
PHOTOGRAPH FILE NAME :
1438165003-01102007-012
.jpg
COMMENTS :
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DOCUMENT FILE NAME
:
1438165003-01102007 .doc
Site Photographs
Page 6 of 10
DATE : January 10, 2007
TIME: 7:25 a.m.
PHOTOGRAPHED BY :
James Jones
DIRECTION
: Photograph taken toward
the east
PHOTOGRAPH NUMBER : 13
PHOTOGRAPH FILE NAME :
1438165003--01102007-013 .jpg
COMMENTS :
DATE : January 10, 2007
TIME: 7:25 a.m.
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER
:
14
PHOTOGRAPH FILE NAME :
1438165003-01102007-014 .jpg
COMMENTS :
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DOCUMENT FILE NAME :
1438165003-01102007 .doc
Site Photographs
Page 7 of 10
DATE : January 10, 2007
TIME : 7:25 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 15
PHOTOGRAPH FILE NAME :
1438165003-01102007-015 .jpg
COMMENTS :
DATE : January 10, 2007
TIME : 7:25 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 16
PHOTOGRAPH FILE NAME :
1438165003-01102007-016 .jpg
COMMENTS :
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DOCUMENT FILE NAME :
1438165003--01102007 .doc
Site Photographs
Page 8 of 10
1438165003 - Peoria County
Peoria City/County Landfill #2
FOS
DATE
: January 10, 2007
TIME : 8 :09 a .m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 17
PHOTOGRAPH FILE NAME :
1438165003-01102007-017
.jpg
COMMENTS :
DATE : January 10, 2007
TIME: 8 :09 a
.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the south
PHOTOGRAPH NUMBER : 18
PHOTOGRAPH FILE NAME
:
1438165003-01102007-018
.jpg
COMMENTS :
DOCUMENT FILE NAME :
1438165003-01102007 .doc
Site Photographs
Page 9 of 10
1438165003
-
Peoria County
Peoria City/County Landfill #2
FOS
DATE : January 10, 2007
TIME: 8 :10 a.m .
PHOTOGRAPHED BY :
James Jones
DIRECTION
: Photograph taken toward
the north
PHOTOGRAPH NUMBER: 19
PHOTOGRAPH FILE NAME :
1438165003-01102007-019 .jpg
COMMENTS :
DATE : January 10, 2007
TIME : 8:11 a.m
.
PHOTOGRAPHED BY :
James Jones
DIRECTION : Photograph taken toward
the north
PHOTOGRAPH NUMBER : 20
PHOTOGRAPH FILE NAME :
1438165003-01102007-020 .jpg
COMMENTS :
DOCUMENT FILE NAME :
1438165003-01102007 .doc
Site Photographs
Page 10 of 10
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
IEPA DOCKET NO .
RESPONDENT
)
Affiant, James Jones, being first duly sworn, voluntarily
deposes and states as follows :
1 .
Affiant is a field inspector employed by the Land
Pollution Control Division of the Illinois Environmental
Protection Agency and has been so employed at all times
pertinent hereto .
2 .
On January 10, 2007, between 6 :04 a .m . and 9:30 a.m.,
Affiant conducted an inspection of the landfill in Peoria
County, Illinois, known as Peoria City/County Landfill #2,
Illinois Environmental Protection Agency Site No
. 1438165003,
operating under IEPA Permit #1996-089-LF
.
3
. Affiant inspected said landfill site by an on-site
inspection, which included walking the site and interviewing
personnel
.
4 .
Before and/or after said inspection of said 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 behalf of the
subject
site .
5 .
As a result of the activities referred
to in
Paragraphs 3 and 4 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
of Affiant's observations and factual conclusions with respect
to Peoria City/County Landfill #2
.
Subscribed and Sworn to before
me this
day of C
C0
'-.
Notary Public
"OFFICIAL
Barbara E . L
SEAL"indley
My
Notary
Commieniua
Public, State
Expireof
Illiaul&
. 8177109
PROOF OF SERVICE
I hereby certify that I did on the 7th day of February 2007, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Waste Management of Illinois, Inc .
CT Corporation System
Attention: Steve Harenberg
208 South LaSalle Street
3550 East Washington Street
Suite 814
East Peoria, Illiniois 61611
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 fully prepaid
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
