BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
MAR 0 3 2005
COUNTY OF MACON, ILLINOIS
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
AC
V .
)
(AC No . 2006-001-AC)
Onyx Valley View Landfill,
)
Respondents .
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the County of
Macon by Section 4(r) of the Illinois Environmental Protection Act, 415 ILCS 5/4(r) (2002) .
FACTS
1
.
That Respondent, Onyx Valley View Landfill, is the permitted owner and operator of
a facility located at 1363 Bear Road, Decatur, Macon County, Illinois .
2.
That Respondent, Chris Peters, is the Certified Operator of the above-referenced
facility.
3.
That said facility is operated as a sanitary landfill, operating under Illinois
Environmental Protection Agency Permit No . 1995 -198 - LF, and is designated with Site Code
No. 1158040008
. The facility is commonly known to the Illinois Environmental Protection Agency
as Onyx Valley View Landfill .
4.
That Respondents have owned and/or operated said facility at all times pertinent
hereto.
5
.
That on January 05, 2006, Michael Warnick of the Macon County Solid Waste
Management Department . 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 Michael Warnick during the course of his January
05, 2006 inspection of the above-referenced facility, the Macon County Solid Waste Management
Department has determined that Respondents violated the Illinois Environmental Protection Act
(hereinafter, the "Act") as follows:
(1) That Respondents conducted a sanitary landfill operation in a manner which
resulted in uncovered refuse remaining from any previous operating day, a violation
of Section 21(o)(5) of the Act, 415 ILCS 5/21 (o)(5) (2002) ; and
(2)
That Respondents conducted a sanitary landfill operation in a
manner which
resulted in a failure to collect and contain litter at the end of the operating day, a
violation of Section 21(o)(12) of the Act, 415 ILCS 5/21(o)(12) (2002)
.
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5142(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 One Thousand Dollars ($1,000 .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 April 05, 2006, 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 (2002), and if the Illinois
2
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 Macon County Solid
Waste Management Department 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 Macon County
Solid Waste Management Department and mailed
to the attention of Michael Warnick, Macon
County Solid Waste Management Department, 141 South Main Street, Room 212, Decatur, Illinois
62523-1293
. 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 Macon County State's Attorney 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 Macon County State's Attorney, 253
East Wood Street, Decatur, Illinois, 62523
. 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
.
By:
Jack W. Ahola
Macon County States Attorney
By:
Date: March 3
. 2006
Kenneth Boles
Assistant State's Attorney
Macon County, Illinois
Prepared by :
Michael J . Wamick, Inspector
Macon County Solid Waste Management Department
141 South Main Street, Room 212
Decatur, Illinois 62523-1293
217-421-0291
4
DATE OF INSPECTION:
January 05, 2006
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 Michael Warnick,
Macon
County Solid Waste Management Department, 141 South Main Street, Decatur, Illinois 62523-1293
.
REMITTANCE FORM
RECEIVEDCLERKS
OFFICE
MAR 0 9 2006
5
Pollution
STATE OF
Control
ILLINOIS
Board
COUNTY OF MACON,
)
Complainant,
)
V .
)
AC
Get
'D-1
(AC No. 2006-001-AC)
Onyx Valley View Landfill,
)
Respondent .
)
)
FACILITY: Onyx Valley View Landfill
SITE CODE NO. :
1158040008
COUNTY
: Macon
CIVIL PENALTY:
$1,000 .00
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
AFFIDAVIT
IN THE MATTER OF :
)
Onyx Valley View Landfill,
)
(AC No. 2006-001-AC)
)
Respondents
)
Affant, Michael Wamick, being first duly sworn, voluntarily deposes and states as follows :
1
. Affiant is a field inspector employed by the Macon County Solid Waste Management
Department and has been so employed at all times pertinent hereto
.
2. On January 05, 2006 between 6 :16 am and 8
:15 am, Affiant conducted an inspection of
the site In Macon County, Illinois, known as Onyx Valley View Landfill, Illinois Environmental
Protection Agency Site No
. 1158040008 .
3. Affiant inspected said Onyx Valley View Landfill by an on-site inspection which included
photographing the site .
4. As a result of the activities referred to in Paragraph 3 above, Afflant completed the
Inspection Report form attached hereto and made a part hereof, which, to the best of Affiants
knowledge and belief, is an accurate representation of Affiants observations and factual
conclusions with respect to the Onyx Valley View Landfill site .
Subscribed and Sworn to before me
this 3
R 0
of mA12C~\
3084' 2 OO to
1
Nota Publij
PAOA
~10NN~NNN~N~NNN
"OFFICIAL SEAL"
K. JOLENE JONES
NOTARY PUBLIC, STATE OF ILLINOIS
N11A140N~NNO~~N~~010N1N
MY COMMISSION EXPIRES 04106107t
MACON COUNTY
SOLID
DEPARTMENTWASTE
MANAGEMENT
141 S. Main St., Suite 212, Decatur, IL 62523 • phone 217/425-4505
• fax 217/424-1459
PERMITTED LANDFILL
ADMINISTRATIVE CITATION
MACON COUNTY SOLID
)
1158040008 - Macon County
WASTE MANAGEMENT DEPT,
)
Decatur/Onyx Valley View Landfill
Complainant
) COMPLIANCE FILE
vs.
)
ONYX VALLEY VIEW LF,
)
Respondent
)
WARNING
: CORRECTIVEACTION REQUIRED
You may be subject to substantial
civil penalties if you fail to comply with
the terms of this Administrative
Citation Warning Notice, and are found to
be in violation of the [Illinois] Environmental
Protection Act.
FACTS
The purpose of this notice is to inform you of the results of the Agency's inspections,
and the corrective action required . This inspection
was conducted to evaluate
compliance with the requirements of Section 21(o) of the [Illinois] Environmental
Protection Act. The alleged violations
found during the inspection are identified in the
attached inspection report.
°
Printed on Recycled Content Paper
CORRECTIVE ACTION REQUIRED
FOLLOWING
YOU MUST
CORRECTIVE
COMPLETE
ACTIONSTHE
:
#1 Provide daily cover on all uncovered refuse by the end of the operating day
.
#2 Immediately collect and contain all litter from the site by the end of the operating
day.
WRITTEN RESPONSE REQUIRED
Within
must submit
fifteen
in
(15)
writingcalendar
:
days of the date of receipt of this notice, you
1 . the reasons for the alleged violation(s),
2. a description of the corrective actions that have been or will be taken to correct the
alleged violation(s), and
3. a proposal to ensure that the alleged violation(s) will not recur .
PLEASE REFERENCE THE DESIGNATED FACILITY (LPC) NUMBER AND FACILITY
NAME LISTED ON THE FIRST PAGE ON ANY CORRESPONDENCE CONCERNING
THIS COMPLAINT
.
Your written response of all documents submitted in reply to this notice must be
sent via certified mail return-receipt, to :
Macon County Solid Waste Management Department
Attn: Michael Warnick, Environmental Inspector
141 South Main Street, Room 212
Decatur, IL 62523
POTENTIAL SANCTIONS
For any violations of Section 21(o) of the [Illinois] Environmental Protection Act ("Act")
[415 ILCS 5/21 (1994)] cited in the attached inspection report, the Agency may, without
further notice and regardless of any future activities to achieve compliance, file an
Administrative Citation before the Illinois Pollution Control Board pursuant to Section
31
.1 of the Act [415 ILCS 5/31 .1 (1994)] . An Administrative Citation carries a fine of
$500.00 for each and every violation of Section 21(o) .
You are also advised that your noncompliance could result in the filing of an
enforcement action pursuant to Title VIII and/or Title XII of the Act.
Department personnel will conduct a reinspection to verify compliance .
Should you have any questions concerning the Administrative Citation Warning Notice or
need further assistance, contact Michael Warnick at (217) 421-0291 .
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
ByMWCA'~PAVx V-+~T'NIWnI"
Michael Warnick
Inspector
Date : January 31, 2006
CERTIFIED MAIL # : 70051820000697015940
Enclosure
cc
:
Rich Gerard, Illinois Environmental Protection Agency
Ellen Robinson, Illinois Environmental Protection Agency
FOS File
County:
Macon
LPC#: 1158040008
Location/Site Name :
Decatur/Onyx Valley View Landfill
Date :
01/05/2006 Time : From 06:16am To 08:15am
Inspector(s) :
Michael Warnick
Weather
:
No
. of Photos Taken : # 08
Interviewed : Dave Naughton
Permitted Owner Mailing Address
Onyx Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Chief Operator Mailing Address
Onyx Valley View Landfill
Attn
: Chris Peters, Chief Operator
1363 Bear Road
Decatur, Illinois 62522
AUTHORIZATION :
OPERATIONAL STATUS :
Significant Modification Permit Operating
Initial : 1995-198-LF
Closed-Not Certified.
El
Latest
44 (expires 05/01/06) Closed-Date Certified
:
Revised 06/18/2001
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
(811 Solid Waste-I)
Certified Operator Mailing Address
New Landfills :
Region: 4 - Champaign
Previous Inspection Date : 12/13/2005
Overcast, Mild Winds, Temp in 30's
Samples Taken : Yes #
No
Facility Phone No . : 217-963-2976
Permitted Operator Mailing Address
Onyx Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Onyx Valley View Landfill
Attn
: Chris Peters, Operator
1363 Bear Road
Decatur, Illinois 62522
TYPE OF OPERATION
:
Existing Landfills
814-Subpart C
814-Subpart D
0
El
811-Putres./Chem
.
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT
REQUIREMENTS
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
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)
~~4
(2)
In Violation of Any Regulations or Standards Adopted by the Board
0
8 .
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR
TRANSPORT ANY WASTE INTO THE STATE ATITO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
0
9.
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT
.
LPC #
: 1158040008
Inspection Date : 01-05-2006
Revised 06/18/2001
(811 Solid Waste-2)
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN ANY OF THE
FOLLOWING CONDITIONS :
(1)
Refuse in Standing or Flowing Water
(2)
Leachate Flows Entering Waters of the State
∎
(3)
Leachate Flows Exiting the Landfill Confines
(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
ro
(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
1.1
(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
MAnIFIrATIAAILANDFILL
(MSWLF) UNIT WITHOUT A PERMIT
NA
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
NE
(b)
Failure to Take Remedial Action
NE
15.
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
16.
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY
∎
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
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
SOLID WASTE SITE OPERATOR CERTIFICATION LAW REQUIREMENTS
20.
225 ILCS
23011004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
21
745.181
CHIEF OPERATOR REQUIREMENTS
22.
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
13
SPECIAL WASTE HAULING REQUIREMENTS
23 .
809.301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
NE
LPC #: 1158040008
Inspection Date: 01-05-2006
Revised 06/18/2001
(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
∎
NEW SOLID WASTE LANDFILL REQUIREMENTS
PART 811
SUBPART
GENERAL STANDARDS FOR ALL LANDFILLS
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
(c)
Stakes and Monuments Inspected
(d)
Control Monument Established and Maintained
∎
28.
811 .105
COMPACTION
29.
811 .106
DAILY COVER
(a)
Six Inches Soil
r.
(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
(g)
Dust Control
∎
(h)
Noise Control
∎
(i)
Vector Control
(j)
Fire Protection
(k)
Litter Control
(I)
Mud Tracking
(m)
Liquid Restrictions for MSWLF Units
0
31 .
811 .108
SALVAGING
(a)
Salvaging Interferes with Operation
NE
(b)
Safe and Sanitary Manner
∎ NE
(c)
Management of Salvagable Materials
NE
32.
811 .109
BOUNDARY CONTROL
(a)
Access Restricted
(b)
Proper Sign Posted
LPC #: 1158040008
Inspection Date
: 01-05-2006
Revised 06/18/2001
(811 Solid Waste-4)
33.
811 .110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
NA
(b)
Drainage Ways and Swales
NA
(c)
Final Configuration
NA
(d)
Written Closure Plan
∎NA
(e)
Initiation of Closure Activities at MSWLF Units
NA
(f)
Completion of Closure Activities at MSWLF Units
NA
(g)
Deed Notation for MSWLF Units
NA
34.
811 .111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of Final Volume of Waste
∎ NA
(b)
Remove All Equipment of Structures
NA
(c)
Maintenance and Inspection of the Final Cover and Vegetation
NA
(d)
Planned Uses of Property at MSWLF Units
NA
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
NA
(g)
Cost Estimates and Financial Assurance Requirements
ONE
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)
37.
811 .309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
General Requirements
(c)
Standards for On-Site Treatment and Pretreatment
(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
∎
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 # : 1158040008
Inspection Date
: 01-05-2006
Revised 06/18/2001
(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
(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
NA
(b)
Standards for Low Permeability Layer
NA
(c)
Standards for Final Protective Layer
NA
43.
811 .316
PLUGGING AND SEALING OF DRILL HOLES
NE
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
NA
(b)
Slopes Required to Drain
NA
(c)
Vegetation
NA
(d)
Structures Built over the Unit
NA
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
NA
PART 811
SUBPART
D
MANAGEMENT
OF SPECIAL WASTES
AT LANDFILLS
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
NE
(b)
Special Waste Recertification
ONE
50.
811 .405
RECORDKEEPING REQUIREMENTS
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC # : 1158040008
Inspection Date : 01-05-2006
Signature of Inspector(s)
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 514(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)
PART 811
SUBPART
G
FINANCIAL ASSURANCE
52.
811 .700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
NE
53.
811 .701
UPGRADING FINANCIAL ASSURANCE
NE
54.
811 .704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
NE
55.
811 .705
REVISION OF COST ESTIMATE
∎ NE
SOLID WASTE FEE SYSTEM REQUIREMENTS
56.
Part 858
Sub .artB
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
i •
;
,
•„
i
i-
i
••
•,
57.
Part 858
Sub • art C
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
ERE INC • MING
• T WEI HED LIST SPECIFIC
OTHER REQUIREMENTS
58.
OTHER:
APPARENT VIOLATION OF : (Q) PCB ; (Q) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
59.
∎
∎
LPC #: 1158040008
Inspection Date : 01-05-2006
PERMIT PROVISIONS
PERMIT NUMBER
1995 -
198 - LF
1995 - 198 - LF
1995-198-LF
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
Condition 11 Part 2(e)-Uncovered
refuse remainging from any previous operating day
Condition II Part 2(I) -- Failure
to collect and contain all litter by the end of each operating day
Condition II Part 4(a) -
At the end of each day of operation all exposed waste shall be covered
with. . . clean soil at least six inches thick
Revised 06/18/2001
(811 Solid Waste-7)
LPC #1158040008 - Macon County
Decatur/Onyx Valley View Landfill
FOS File
Inspector(s) : Michael Warnick
Inspection Date:
Thursday January 05, 2006
Inspection Report Narrative
I conducted a routine inspection of this facility on January 05, 2006
between the hours of 06 :16 and 08:15 in the morning . This inspection was
conducted to determine the regulatory status and evaluate compliance with the
Environmental Protection Act (Act) and Title 35 Illinois Administrative Code,
Subtitle G : Land Pollution (Regulations) . Eight photographs were taken and no
samples collected . Weather conditions at the time of the inspection were of
cloudy skies, calm winds, and an air temperature in the thirties .
Site History and Permitting
Onyx Valley View Landfill has two permits
. Unit 1 has been closed since
1970 . It is governed by Permits 1976-4-DE, 1978-7-DE, and 1979-18-DE with
the most current supplemental permit being 2001-451-SP, which was issued in
2002
. Unit 2 is governed by Permit 1995-198-LF . Onyx Valley View Landfill was
granted permit Log No
. 2005-202 on August 30, 2005 which approved permit No
.
1995-198-LF, Modification #44 . The new permit approves an update of the
closure and post-closure care cost estimates .
As of the most recent landfill capacity report dated January 01, 2005,
Onyx Valley View Landfill had approximately 5
.2 years of active life remaining,
with an approximate airspace of 1,368,075 million cubic yards . Onyx Valley View
received approximately 2,030 cubic yards of waste per day .
Site Inspection
I arrived at the landfill at 6 :16, and proceeded to the working face to check
conditions of the previous days cover
. I observed a considerable amount of
exposed litter present in the active area, as well as uncovered refuse remaining
from the previous operating day (photographs 01
- 06) .
I then went down to the shop to check in with the crew
. I advised them
that I was present to conduct a periodic inspection
. They informed me that Troy
was off for vacation that week
. I informed the crew that I would follow them up to
the working face whenever they were ready .
I went back to the working face, and took one additional photograph of the
exposed refuse (photograph 08)
I walked around the working face, and inspected the slope on the
south side of the landfill
. I observed two erosion gullies, one gully that had
erosion severe enough that it uncovered refuse (photograph 08) .
I watched
Onyx Valley View Landfill - 1158040008
1
operations at the working face for a while, then I went in to the office to inspect
records .
Records Review
Records that were reviewed at the time of this inspection were the load
check, leachate recirculation, and alternate daily cover
.
Onyx Valley View is required to conduct three random load checks per
week to determine if any banned waste has been accepted by waste haulers
.
Three random load checks were last conducted on December 29, 2005 .
Three
loads were randomly checked that day, and none were rejected .
Onyx Valley View Landfill collects leachate via a leachate collection
system that drains into a 40,000 gallon underground storage tank .
Leachate is
recirculated over the active area on a periodic basis, as well as hauling excess
leachate to the local sanitary sewage treatment facility for processing as
wastewater on an as-needed basis
. Leachate recirculation records that were in
the office showed that leachate was last recirculated on December 29, 2005, with
10,000 gallons recirculated at the working face and on December 31, 2005 with
10,000 of leachate recirculated at the working face
.
Onyx Valley View is required to cover waste at the end of each operating
day with a minimum of six (06) inches of clean soil, as specified in their permit .
Onyx has also received permit modifications to use a variety of alternate daily
cover (ADC) materials such as tarps, foundry sand, petroleum contaminated
soils, ground wood waste, processed landscape waste, and/or select clean
construction or demolition debris as defined by regulations and standards
. Onyx
is allowed a maximum area of no more than 60,000 square feet of area that may
be covered with ADC, and they must keep a record that indicates a description of
the weather that day, the type of the ADC that was used, and the performance of
the ADC
. ADC was last recorded for use on December 31, 2005, 2005 utilizing a
tarp and ground wood waste .
Summary of Apparent Violations
The following is a list of apparent violations of the 35 Illinois Administrative Code
(regulations) and the
Illinois Environmental Protection Act 415 ILCS 5/1 et sect
(formerly III Ch . Rev . Stat . Ch . 11 1
'/s, 1001 et seq .)
Section 21(d), (1) of the Act.
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 permits
.
A violation of Section 21(d), (1) is alleged because waste
was disposed of and stored in violation of any conditions
imposed by such permit .
Onyx Valley View Landfill - 1158040008
2
Section 21(d), (2) of the Act
. No person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation . . . that is in violation of any
regulations or standards adopted by the board under this Act
.
•
A violation of Section 21(d), (2) is alleged because waste
was stored, treated, and disposed of in violation of
regulations and standards adopted by the board .
Section 21(e) of the Act
. No person shall dispose, treat, store, or abandon any
waste, or transport any waste into the State of Illinois for disposal, treatment,
storage, or abandonment at/to sites not meeting requirements of the act .
•
A violation of Section 21(e) is alleged because waste was
stored, treated, and disposed of in a manner that does
not meet the requirements of the Act
.
Section 21(o), (5) of the
Act. Uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day, unless authorized by
permit.
•
A violation of Section 21(o)(5) is alleged because uncovered
refuse was observed at the site
.
Section 21(o), (12) of the Act
. Failure to collect and contain litter from the site
by the end of each operating day .
•
A violation of Section 21(o),(12) is alleged because litter was
observed,
35 Illinois Administrative Code
. (Title 35 : Environmental Protection,
Subtitle G
: Land Pollution, Chapter I : Pollution Control Board)
[Regulations]
35 Illinois Administrative Code 811 .106(a)
. A uniform layer of at least 0
.15
meters (six inches) of clean soil material shall be placed on all exposed waste by
the end of each day of operation .
•
A violation of 811
.106(a) is alleged because exposed waste
was observed at the site .
Onyx Valley View Landfill - 1158040008
3
35 Illinois Administrative 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 811 .107(k) is alleged because litter was
observed on the site .
VIOLATIONS OF PERMIT #1995-198-LF
Section
II "Operating Conditions" Part 2(e).
Uncovered refuse remaining from
any previous operating day or at the conclusion of any operating
day, unless
authorized by permit
.
•
A violation of Section II, Part 2(e) of the permit is alleged
because uncovered waste was observed .
Section 11
"Operating Conditions" Part 2(l) .
Failure to collect and contain litter
from the site by the end of each operating day .
•
A violation of Section II Part 2(e) is alleged because all litter
was not collected and contained from the site by the end of
the previous day .
Section
II "Operating Conditions" Part 4(a).
At the end of each day of
operation all exposed waste shall be covered with
. .
. clean soil at least six inches
thick .
•
A violation of Section II Part 4(a) is alleged because exposed
waste was observed
.
Onyx Valley View Landfill - 1158040008
4
Site sketch for Decatur/Onyx Valley View Landfill
Site #1158040008 -
Macon County
Inspector(s) : Michael Warnick
Inspection Date : January 05, 2006
a
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* Drawing not to scale
Arrows indicate direction/location of photographs
* 1 & 2 Represent the Liquid Waste Solidification boxes
*3 Represents the Residential Drop Boxes
Unit 1
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A
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Bear Road
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Office
West Gate - Entrance to Chubb Park Dirt Pit
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Unit 3 I
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Sr
DATE: 01-05-2006
TIME: 6:35am
PHOTOS TAKEN BY
:
Michael Warnick
COMMENTS: Photo
Taken Toward : West
PHOTO #
: 01
DATE: 01-05-2006
TIME: 06:35am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS : Photo
Taken Toward : West
PHOTO #: 02
INSPECTION PHOTOS
SITE # : 1158040008
COUNTY: Macon
SITE NAME: Decatur/Onyx Valley View Landfill
DATE: 01-05-2006
TIME: 6:35am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS : Photo
Taken Toward: West
PHOTO #: 03
DATE: 01-05-2006
TIME
: 06:35am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS : Photo
Taken Toward: West
PHOTO #: 04
INSPECTION PHOTOS
SITE
#: 1158040008
COUNTY: Macon
SITE NAME
: Decatur/Onyx Valley View Landfill
DATE: 01-05-2006
TIME: 6:36am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS : Photo
Taken Toward: West
PHOTO #: 05
DATE: 01-05-2006
TIME: 06:36am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS
: Photo
Taken Toward:
PHOTO #: 06
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY: Macon
SITE NAME
: Decatur/Onyx Valley View Landfill
------- - ----- - --------- - -------------------------------------- - ---- - --- - ----------------- - ---- - ---
DATE: 01-05-2006
TIME: 6 :53am
PHOTOS TAKEN BY
:
Michael Warnick
COMMENTS : Photo
Taken Toward: North
PHOTO #: 07
DATE: 01-05-2006
TIME: 7:16am
PHOTOS TAKEN BY
:
Michael Warnick
COMMENTS
: Photo
Taken Toward
: North
PHOTO
#: 08
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY: Macon
SITE NAME
: Decatur/Onyx Valley View Landfill
