NOTE:
CLRKS~F~E~
SEP 23 2804
STATE OF ILLINOIS
PoItut~onControlBoard
INFORMATIONAL NOTICE!!! ~
c~~-7
IT IS IMPORTANT THAT YOU READ THE ENCLOSED DOCUMENTS.
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 1 ‘1-500, Chicago, Illinois
60601. The other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located at:
1021 North GraridAvenue East, P.O. Box 19276,
Springfield, Illinois 61794-9276.
If you elect to contest the enóloseU AdministratiVe, citation, you must.
file a PETITION.
FOR REVIEW
with thirtyafive (35~.days of the date
the Administrative Citation was served upon you. .. AAysuch Petition
for Review must be filed with the clerk, ofthe llhinôisPóIIütion 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
above and should be marked to the
ATTENTION: I
LEGAL
COUNSEL~....
•
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP 23 2004
ADMINISTRATIVE CITATION
PollutionSTATE
OFControlILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC ~)~
c~_7
)
v.
)
(IEPA No. 444-04-AC)
)
LEE COUNTY LANDFILL SC, LLC, and
)
DAVE GEIER,
)
)
Respondent.
)
NOTICE OF FILING
To:
Lee County Landfill SC, LLC
Dave Geier
CT Corporation System
Lee County Landfill SC, LLC
207 S. Lasalle, Suite 814
1214 South Bataan Road
Chicago, IL 60604
Dixon, IL 61021
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: September 21, 2004
THIS FILING SUBMITI’ED ON RECYCLED PAPER
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP 232004
ADMINISTRATIVE CITATION
PollutionSTATE
OFControlILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
(IEPA No. 444-04-AC)
v.
LEE COUNTY LANDFILL SC, LLC, and
)
DAVE GEIER,
)
)
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 Lee County Landfill SC, LLC is the permitted owner and operator and Dave
Geler is the certified operator (collectively “Respondents”) of a facility located at 1214 South Bataan
Road, Dixon, Lee County, Illinois.
2.
That said facility is operated as a sanitary landfill, operating under Illinois
Environmental Protection Agency Permit No. 1997-261-LF, and is designated with Site Code No.
1030205110. The facility is commonly known to the Illinois Environmental Protection Agency as
Lee County Landfill.
3.
That Respondents have owned and/or operated said facility at all times pertinent
hereto.
1
4.
That on August 19, 2004, Katherine Geyer of the Illinois Environmental Protection
Agency’s Rockford Regional Office inspected the above-referenced facility. A copy of her
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Katherine Geyer during the course of her August
19, 2004 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 mannerwhich’resultedln-uncovered
refuse remaining from any previous operating day or-atthe -conclusion-of any-operating
day, unless authorized by permit, a violation of Section 21 (o)(5) of the Act, 415 ILCS
5/21 (o)(5) (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 not to petition the Illinois
Pollution Control Board, the statutory civil penalty specified above.sh.ali be due:and:pay.ablen-o later
than October 30, 2004, unless otherwise provided by order of the Illinois Pollution Control Board.
If Respondents elect to contest this Administrative CitatJonbypetitioning the Illinois Pollution
Control Board in accordance with Section 31.1 of the Act, 415 ILCS 5/31.1(2002), 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.bythe:WinoisEnvironmental
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) (2002), 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~inciudingthe-date-that:paymentis
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 of the date of service of this Administrative Citation or the Illinois-Pollution
Control Board shall enter a default judgment against the Respondents.
‘Re,
Renee Cipriano,
t~t
Direct&
C~4i~,c~
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. 444-04-AC)
v.
)
)
—
LEE COUNTY LANDFILL SC, LLC, and
)
DAVE GEIER,
)
)
Respondents.
)
FACILITY:
Lee County Landfill
SITE CODE NO.:
1030205110
COUNTY:
Lee
CIVIL PENALTY:
$500.00
DATE OF INSPECTION:
August 19, 2004
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
AFFIDAVIT
IN THE MATTER OF:
)
)
Lee County Landfill SC, LLC
)
)
IEPA DOCKET NO.
)
Respondent
)
Affiant, Katherine Geyer being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant
is
a
field inspector employed by the Land Pollution Control Division ofthe
Illinois Environmental Protection Agency and has been so employed at all times
pertinent hereto.
2.
On August 19, 2004, between
5:25
a.m. and 8:30 a.m., Affiant conducted an
inspection ofa permitted landfill located in Lee County, Illinois and known as Lee
County Landfill SC, LLC by the Illinois Environmental Protection Agency. Said site
has been assigned site code number LPC#1030205 110 by the Agency.
3.
Affiant inspected said site by an on-site inspection, which included walking and
photographing the site.
4.
As a result ofthe 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 of Affiant’s
observations and factual conclusions with respect to said landfill.
Subscribed and Sworn to Before Me
this ~3/
day of
~
,
2004
Notary Public
‘OFFICIAL
SEAL”
TERESA
LABUNSKI
Notary
Public, State of Illinois
My Commission Expires 1/10/2001
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811
Solid Waste Landfill Inspection Checklist
To 0830
Previous Inspection Date: 06/22/2004
Weather: Dark becoming partly cloudy, 50’ Fahrenheit, muddy, windy
Samples Taken:
Yes #
No ~
Permitted Operator Mailing Address
(same as permitted owner)
r~
~‘:~
I
Certified Operator Mailing Addre~-P(,j
Lee County Landfill SC, LLC
-~
Attn: Dave Geier
1EPJ~~LI
1214 South Bataan Road
Dixon, IL 61021
I
SECTION
DESCRIPTION
J
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
0
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
,
0
3.
12(a)
CAUSE, THREATEN OR ALLOWWATER POLLUTION IN ILLINOIS
0
4.
12(d)
CREATE A WATER POLLUTION HAZARD
0
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN NPDES PERMIT
6.
21(a)
CAUSE OR ALLOW OPEN DUMPING
0
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 AT/TO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
0
9.
21(f)(1)
CONDUCTANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT.
County:
Lee
Location/Site Name:
Dixon/Lee County Landfill
Date:
08/19/2004 Time:
From 0525
Inspector(s):
Kathy Geyer
LPC#:
1030205110
Region:
1 - Rockford
No. of Photos Taken: #
10
Interviewed:
Marcus Nettz, Dave Geier
Permitted Owner Mailing Address
Lee County Landfill SC, LLC
Attn: Steve Smith
13832 South Kostner
Crestwood, IL 60445
Facility Phone No.:
815/288-4607
Chief Operator Mailing Address
Lee County Landfill SC, LLC
Attn: Roger Groen
13832 South Kostner
Crestwood, IL 60445
AUTHORIZATION:
Siqnificant Modification Permit
Initial:
1997-261 -LF
OPERATIONAL STATUS:
ODeratina
Closed-Not Certified.
Latest Mod. #42
Closed-Date Certified:
TYPE OF OPERATION:
Existing Landfills
814-Subpart C
814-Subpart
D
New Landfills:
81 1-Putres./Chem.
Revised 06/18/2001
(811 Solid Waste-i)
LPC#: 1030205110
Inspection Date:
August 19, 2004
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN ANY OF THE
FOLLOWING CONDITIONS:
(1)
Refuse in Standing or Flowing Water
U
(2)
Leachate Flows Entering Waters of the State
El
(3)
Leachate Flows Exiting the Landfill Confines
El
(4)
Open Burning of Refuse in Violation of Section 9 of the Act
El
(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
U
(7)
Acceptance of Wastes Without Necessary Permits
LI
(8)
Scavenging as Defined by Board Regulations
El
(9)
Deposition of Refuse in Any Unpermitted Portion of the Landfill
U
(10)
Acceptance of Special Waste Without a Required Manifest
El
(11)
Failure to Submit Reports Required by Permits or Board Regulations
El
(12)
Failure to Collect and Contain Litter by the End of each Operating Day
U
(13)
~
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
El
11.
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
rrI~u’ATIr~M
El
12.
21.6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1. 1996)
El
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
0
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
U
(b)
Failure to Take Remedial Action
0
15.
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
0
16.
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY
0
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
0
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
o
SOUDWASTE SITE OPERATOR CERTIFICATION
LAW
REQUIREMENTS
20.
225 ILCS
23011004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
0
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
~RIORCONDUCT CERTIFICATION REQUIREMENTS
~i
745.1 81
CHIEF OPERATOR REQUIREMENTS
0
22
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
0
SPECIAL WASTE HAULING REQUIREMENTS
23.
I
809.301
I
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
I
U
Revised 06/18/2001
(811 Solid Waste-2)
LPC#: 1030205110
Inspection Date: August 19, 2004
24.
809.302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
0
25.
809.501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste to Hauler
U
(e)
Retention of Special Waste Manifests
U
NEW SOLID WASTE LANDFILL REQUIREMENTS
GENERAL STANDARDS FOR ALL LANDFILLS
26.
811.103
SURFACE WATER DRAINAGE
(a)
Runoff from Disturbed Areas
0
(b)
Diversion of Runoff from Undisturbed Areas
0
27.
811.104
SURVEY CONTROL
(a)
Boundaries Surveyed
and Marked
U
(b)
Stakes and Monuments Marked
U
(C)
Stakes and Monuments Inspected
U
(d)
Control Monument Established and Maintained
U
28.
811.105
COMPACTION
U
29.
811.106
DAILY COVER
(a)
Six
Inches Soil
U
(b)
Alternative Daily Cover
U
30.
811.107
OPERATING STANDARDS
(a)
Phasing of Operations
0
(b)
Work Face Size and Slope
U
(C)
Equipment
0
(d)
Utilities
0
(e)
Maintenance
U
(~
OpenBurning
0
(g)
DustControl
0
(h)
Noise Control
0
(i)
Vector Control
0
(j)
Fire Protection
U
(k)
Litter Control
0
(I)
Mud Tracking
0
(m)
Liquid Restrictions for MSWLF Units
0
31.
811.108
SALVAGING
(a)
Salvaging Interferes with Operation
0
(b)
Safe and Sanitary Manner
0
(C)
Management of Salvagable Materials
U
32.
811.109
BOUNDARY CONTROL
(a)
Access Restricted
U
(b)
Proper Sign Posted
U
Revised 06/18/2001
(811 Solid Waste-3)
LPC#:
1030205110
Inspection Date: August 19, 2004
33.
811.110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
U
(b)
Drainage Ways and Swales
U
(c)
Final Configuration
o
(d)
Written Closure Plan
U
(e)
Initiation of Closure Activities at MSWLF Units
U
(f)
Completion of Closure Activities at MSWLF Units
U
(g)
Deed Notation for MSWLF Units
U
34.
811.111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of Final Volume of Waste
0
(b)
Remove All Equipment of Structures
U
(c)
Maintenance and Inspection of the Final Cover and Vegetation
U
(d)
Planned Uses of Property at MSWLF Units
0
35.
811.112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
U
(b)
Load Checking Requirements
U
(c)
Gas Monitoring Records
U
(d)
MSWLF Liquid Restriction Records
0
(e)
Groundwater Monitoring Program Requirements
U
(f)
Closure and Post Closure Care Requirements
U
(g)
Cost Estimates and Financial Assurance Requirements
0
PART 811
SUBPART
C
PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
36.
811.302
FACILITY LOCATION
(c)
Site Screening (Does Not Apply To Part 814-Subpart D Sites)
I 0
37.
811.309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
General Requirements
U
(c)
Standards for On-Site Treatment and Pretreatment
0
(d)
Standards for Leachate Storage System
0
(e)
Standards for Discharge to Off-Site Treatment
0
(f)
Standards for Leachate Recycling Systems
0
(g)
Standards for Leachate Monitoring Systems
0
38.
811.310
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(b)
Location and Design of Gas Monitoring Wells
0
(c)
Monitoring Frequency for Landfill Gas
0
(d)
Monitoring Parameters
0
39.
811.311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation of Gas Management System
0
(b)
Notification and Implementation Requirements
0
(c)
Standards for Gas Venting
0
(d)
Standards for Gas Collection
0
Revised 06/18/2001
(811 Solid Waste-4)
LPC#: 1030205110
Inspection Date: August 19, 2004
40.
811.312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
(c)
No Unpermitted Gas Discharge
El
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
0
(e)
Standards for Gas Flares
.
El
(1)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flares
(g)
Gas Transported Off-Site
El
41.
811.313
INTERMEDIATE COVER
(a)
Requirements for the Application for Intermediate Cover
U
(b)
Runoff and Infiltration Control
0
(c)
Maintenance of Intermediate Cover
0
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
0
(b)
Standards for Low Permeability Layer
U
(c)
Standards for Final Protective Layer
0
43.
811.316
PLUGGING AND SEALING OF DRILL HOLES
0
44.
811.321
WASTE PLACEMENT
(a)
Phasing of Operations
0
(b)
Initial Waste Placement
U
45.
811.322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and Minimizing Erosion
0
(b)
Slopes Required to Drain
U
(c)
Vegetation
U
(d)
Structures Built over the Unit
0
46.
811.323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
U
(b)
Load Checking Program for PCB’s at MSWLF Units
0
(c)
Load Checking Program Components
0
(d)
Handling Regulated Hazardous Wastes
0
PART 81:1
SUBPAR~
D
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
‘
47.
811.402
NOTICE TO GENERATORS AND TRANSPORTERS
0
48.
811.403
SPECIAL WASTE MANIFESTS REQUIREMENTS
U
49.
811.404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
0
(b)
Special Waste Recertification
0
50.
811.405
RECORDKEEPING REQUIREMENTS
U
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
0
Revised 06/18/2001
(811 Solid Waste-5)
LPC#: 1030205110
Inspection Date: August 19, 2004
~.
FINANCIAL ASSURANCE
52.
811.700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
El
53.
811.701
UPGRADING FINANCIAL ASSURANCE
0
54.
811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
0
55.
811.705
REVISION OF COST ESTIMATE
U
SOLID WASTE_FEE_SYSTEM_REQUIREMENTS
56.
Part 858
Subpart B
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHFRF IN(~flMIN( WASTF IS WFI(I4Ffl Il 1ST SPFCIFI(~SFC.TIflN
U
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
U
OTHER_REQUIREMENTS
58.
OTHER:
APPARENT VIOLATION OF:
(0)
PCB;
(0)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
U
59
.
.
0
0
.
U
0
0
Informational Notes
Signature of Insp~~9tor(s)
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 (0) 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 06/18/2001
(811 Solid Waste-6)
______________
PERMIT PROVISIONS
DESCRIPTION OF VIOLATION
(Condition # of permit, page # of permit, and/or page # of approved application)
PERMIT NUMBER
ll.2.e:, page 6, “The operator of this solid waste facility shall not conduct the operation in a manner
1997261LF
which results in uncovered refuse remaining from any previous operating day or at the conclusion of
___________________
any operating day, unless authorized by permit.”
1997-261-LF
11.4, page 6, “At the end of each day of operation, all exposed waste shall be covered with any
___________________
combination of the following alternate daily covers...”
Revised 06/18/2001
(811 Solid Waste-7)
103020511 0—Lee county
Dixon/Lee county Landfill
FOS File
August 19, 2004
Geyer, Katherine
— - - -
Pagelof2
Narrative
/J04
On August 19, 2004, the writer, Kathy Geyer, inspected the above referenced facility. I arrived~t~C
5:25 a.m. It was (before sunrise) partly cloudy, 50°Fahrenheit, breezy and muddy in spots. On
the previous day, August 18, 2004, there was 0.02 inches of rain reported during the day, in the
early afternoon. Then, also on 18th, it started raining around 6:00 p.m. (after closing time), and
rained during the night, ending sometime in the early morning hours. I quickly went to the office,
where Marcus Nettz, the operations Manager, was present. F advised him that I was going
directly to the active face of the landfill, and he directed me to the location, at approximately the
west edge of Cell 12. I asked him if there was a second active face for small trucks, he told me
that there was not. He directed me to get to the active area from the west, driving across Cell 11.
While driving to the office, I found that approximately 20 semi trailers were waiting for the
scalehouse to open. They were in line behind the scalehouse, on the landfill property.
First I drove around the west side of the landfill on the main haul road to observe the active face
of the landfill. The haul road for the active area leading to the tippers was all the way across the
top of cell 11, from the west side of the landfill. The road across cell 11 was covered with wood
chips to protect against muddy conditions, as allowed by the permit. When I arrived at the active
face, at 5:30 a.m., two large compacters were starting their engines, and had not arrived at the
active face yet. Two other compactors were fueling from a fuel truck.
I parked my vehicle and walked in between the two tippers, which were placed approximately 50’
apart, set to dump toward the east, presumably to be pushed to the active face, approximately 75’
beyond (to the east). I noted large amount of uncovered refuse at the dumping end of each
tipper. This is documented in photographs #001 (the “south” tipper), and #002 (the “north”
tipper)* I also noticed uncovered refuse from the end of the tippers, all the way toward the east to
the active face, approximately 75’ away. This is documented with photographs #003, 004, and
005, placed together for a panoramic view. The active face from the previous day was
approximately 20’ high and 200’ across. It was covered with 6 or 7 tarps. Two of the tarps had
blown over toward the east, so that the lower part of the active face near the blown tarps was
uncovered. This is also documented in photographs#003, 004, and 005, but because of the
darkness at the time, it is not visible in the photographs.
Next, I observed as two compactors approached the active face and began removing the tarps
and dragging them away for later use. There was also uncovered refuse located in the space
between the tippers, as documented in photographs #006 and 007. The compactors began
pushing loose refuse from the east end of the “south” tipper toward the active face, as
documentedin photograph #008.
I noted a large pile of demolition debris located approximately 35’ northwest of the north end of
the active face, allowed by the permit to be stockpiled. The pile is documented in photograph
#009.
Next, I waited for the first few transfer trailers to arrive at the active face. The first one arrived at
6:05 a.m., and the second one arrived at 6:07 a.m. I took photograph #010 and proceeded back
to the office, driving around the west, north, and east sides of the landfill. I noted that temporary,
movable litter fences were visible near the north side of the active area, as required by the permit.
I arrived at the office at 6:20 a.m.
Shortly after my arrival at the office, Dave Geier, the Certified Operator, arrived. I advised both
Mr. Geler and Mr. Nettz that the daily cover was inadequate. I then showed them the
* NOTE: all photographs are filed in digital file #1030205110—08192004.
1030205110-Lee county
Dixon/Lee county Landfill
FOS File
August 19, 2004
Geyer, Katherine
Page2of2
photographs I had taken, from the screen on my digital camera, and reminded them that the lack
of daily cover on the previous day’s refuse was a permit violation. Mr. Nettz mentioned that an
attempt was made to cover the area from the tippers to the active face using ground up
demolition debris, as allowed by the permit, but that it obviously was not enough.
Next, together, the three of us proceeded back to the active area, where I showed Mr. Geler and
Mr. Nettz the areas of concern. We then looked at cell #13 for a pre-operational inspection,
which is documented on a separate, internal report.
Then, we returned to the office. I left at 8:30 a.m.
The facility appears to be in violation of:
1. Section 21 (d)(1) of the Environmental Protection Act, operation of a waste disposal
facility in violation of an Agency issued permit, specifically, condition #‘s lI.2.e, page 6,
and 11.4, page 6.
2. Section 21(d)(2) of the Environmental Protection Act, operation of a waste disposal
facility in violation of any regulations or standards adopted by the Board; and;
3. Section 21(o)(5) of the Environmental Protection Act, conducting a sanitary landfill
operation which results in uncovered refuse remaining from any previous operating day.
1030205110--Lee County
w-
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Lee County Landfill
Date of Inspection: August 19, 2004
Time of Inspection: 0525-0830
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LPC Ifi0302051
10—LeeCounty
Lee County Landfill
FOS File
DATE:
August
19, 2004
TI1~tW:0535
DIRECI1ON: southeast
PHOTO by Kathy (Ieyer
PHOTO FILE NAME:
1030205110-08192004-001
COMMENTS: east end ofsouth tipper
DATE: August 19, 2004
liME: 0536
DJRWHON: northeast
PHOTO by: Kathy Geyer
PHOTO FILE NAME:
1030205110-08192004—002
COMMENTS: east end ofnorth tipper
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #~10302051 10—Lee County
LeeCounty landfill
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: August 19, 2004
TIME: 0537
DIRECTION: east
PHOTO by: Kathy Geyer
PHOTO FILE NAME:
10302051 10-08192004-003E004E005E
COMMENTS: panoramic view ofthe areabetween the tippers all the way to the active face (three photos have
been placed together and slightly lightened).
LPC ?~1030205110—Lee County
LeeCounty Landfill
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE August 19, 2004
TIME: 0540
DIRECTION: northeast
PHOTO by: Kathy (ieyer
PHOTO FILE NAME:
1030205110-08192004006
COMMENTS: on the ground between the
DATE: August 19, 2004
T~ 0540
DIRECIION: east
PHOTO by Kathy (ieyer
PHOTO FILE NAME:
1030205110-08192004-007
COMMENTS: on the ground between the
tippers~Inthebackground acompactor is
pullingatarp offoftheactive face.
LPC
~fr1030205110—Lee County
Lee County Landfill
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: August 19, 2004
TIME:
0545
DIRECTION: southeast
PHOTO by: Kathy Geyer
PHOTO FILE NAME:
1030205110-08192004-008
COMMENTS: compactor spreading
refUse fiom the east end ofthe “south”
tipper.
DATE: August 19, 2004
TIME: 0556
DIRECTION: east
PHOTO by: Kathy Geyer
PHOTO FILE NAME:
1030205110-08192004-009
COMMENTS: stockpiled
demolition
debris foruse on roads.
LPC I~1030205110—Lee
County
Lee County Landfill
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: August 19,
2004
TIINLE:
0610
DIRECTION: east
PHOTO by:
Kathy Geyer
PHOTO FILE NAME:
1030205110-08192004-010
COMMENTS:
trucks
in
tippers just after
openinghour.
PROOF OF SERVICE
I hereby certify that I did on the 21St day of September 2004, 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 ofthe following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Lee County Landfill SC, LLC
Dave Geier
CT Corporation System
Lee County Landfill SC, LLC
207 S. Lasalle, Suite 814
1214 South Bataan Road
Chicago, IL 60604
Dixon, IL 61021
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
J~,k
MichelleM.
(~&~
Ryan
Special Assistant
Attorney General
Illinois
Environmental
Protection Agency
1021 North
Grand
Avenue East
P.O. Box 19276~
Springfield, flhin~ois62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
