Lisa Madigan
AI- IORNEYGENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
160 West Randolph
Chicago, Illinois 60601
Re:
People v. D & L Landfill, Inc.
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint in regard to the above-captioned matter . Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope .
Thank you for your cooperation and consideration
.
Very truly youfs,
~J ."t. Homan
Environmental Bureau
('500
South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (217) 785-2771 •
Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 • TTY: (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403
• Fax: (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
February 6, 2006
RECEjVECLERK'S
OFFICED
FEB 0 9 2005
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
vs
.
)
f.131.
)
PCB No . ~V
(Enforcement)
D & L LANDFILL, INC.,
)
an Illinois corporation,
)
Respondent.
)
NOTICE OF FILING
To:
D & L LANDFILL, INC,
c/o Lee Roy McCray, R.A
.
1212 Ayers Road
Greenville, IL 62246
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached
hereto and
herewith served upon you. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding . If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney
.
CLERK'S OFFICE
FED 0 ;
2006
STATE
PollutionOControl
ILLINOIS
Board
1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), to correct the pollution alleged in
the Complaint filed in this case.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: February 6, 2006
2
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigatip Division
BY:
L,
U . L. HOMAN
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on February 6, 2006, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT
:
To:
D & L LANDFILL, INC,
c/o Lee Roy McCray, R.A
.
1212 Ayers Road
Greenville, IL 62246
and the original and ten copies by First Class Mail with postage thereonn fully prepaid of the
same foregoing instrument(s) :
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
1
2J . L. HOMAN
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No .
o
(Enforcement)
D & L LANDFILL, INC.,
)
an Illinois corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J . L
. HOMAN,
Assistant Attorney General of the State of Illinois, hereby enters her appearance as attorney of
record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
,
.Litigation'Division
BY: /
J1L/HOMAN
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 6, 2006
RECEfVE
CLERK'S
OFFICE
D
FEB 0 S 2006
Pollution
STATE OF
Control
ILLINOISBoard
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by Lisa Madigan, Attorney General of the
State of Illinois, on her own motion and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent, D & L LANDFILL, INC ., as follows :
COUNT I
FAILURE TO PROPERLY COVER WASTE
AT LANDFILL
1 .
This Complaint is brought on behalf of the People of the State of Illinois, by Lisa
Madigan, Attorney General of the State of Illinois, on her own motion and at the request of the
Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms and provisions of
Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2004) .
2. ' The Illinois EPA is an agency of the State of Illinois created pursuant to Section
4 of the Act, 415 ILCS 5/4 (2004), and charged, inter alia, with the duty of enforcing the Act
before the Illinois Pollution control Board ("Board") .
3.
The Respondent, D & L Landfill, Inc . ("D & L Landfill") is an Illinois corporation in
good standing . Lee Roy McCray is the registered agent for D & L Landfill with the address of
1212 Ayers Road, Greenville, Illinois 62246 .
4.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows :
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs.
)
No . PCB
(Enforcement)
D & L LANDFILL, INC.,
)
an Illinois corporation,
)
Respondent .
)
No person shall
:
REce
OFFICECE
FED 0 g^ 20c5
Pol
STATElution
OF
B oa,(,
definition :
a.
Cause or allow the open dumping of any waste .
d .
Conduct any waste-storage, waste-treatment, or . waste-disposal
operation :
1 .
Without a permit granted by the Agency or in violation of any
conditions imposed by such permit . . . .
2.
In violation of any regulations or standards adopted by the Board
under this Act .
e .
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 .
o .
Conduct a sanitary landfill operation which is required to have a permit
under subsection (d) of this Section, in a manner which results in any
of the following conditions :
(5)
uncovered refuse remaining from any previous operating day or at
the conclusion of any operating day, unless authorized by permit ;
5 .
Section 3 .445 of the Act, 415 ILCS 5/3
.445 (2004), provides the following
"Sanitary landfill" means a facility permitted by the Agency for the disposal of
waste on land meeting the requirements of the Resource Conservation and
Recovery Act, P .L. 94-580, and regulations thereunder,
and without creating
nuisances or hazards to public health or safety, by confining
the refuse to the
smallest practical volume and covering it with a layer of earth at the conclusion of
each day's operation, or by such other methods and
intervals as the Board may
provide by regulation .
6.
Section 811
.106(a) of the Board's Waste Disposal Regulations,
35 III . Adm . Code 811 .106(a), provides as follows :
a)
A uniform layer of at least 0 .15 meter (six inches) of clean soil material
must be placed on all exposed waste by the end of each day of
operation .
***
7.
Section 811
.313 of the Board's Waste Disposal Regulations, 35 III . Adm . Code
811 .313, provides as follows :
a)
All waste which is not to be covered within 60 days of placement by
another lift of waste or final cover in accordance with Section 811
.314
shall have a cover equivalent to that provided by 0
.30 meter (1 foot)
of compacted clean soil material .
b)
All areas with intermediate cover shall be graded so as to facilitate
drainage of runoff and minimize infiltration and standing water .
The grade and thickness of intermediate cover shall be maintained until
the placement of additional wastes or the final cover
. All cracks, rills,
gullies and depressions shall be repaired to prevent access to the solid
waste by vectors, to minimize infiltration and to prevent standing water
.
8.
The Respondent has operated, at all times herein, a sanitary landfill pursuant to
Landfill Permit Number 1993-188-LF ("the permit") at Rural Route 3, Greenville, Bond County,
Illinois .
9.
On June 24, 2003, the Illinois EPA inspected the active area of the site which
was along the northern line of the cell, towards the eastern side of the site . There was a large
amount of exposed refuse along the entire length of the northern line of the cell and this
exposed refuse extended all the way to the northwest portion of the cell
.
10.
This northwestern area of the cell had received a lift of waste more than sixty
days prior to the June 24, 2003, inspection and had not been covered with one foot of
compacted clean soil material as intermediate cover .
11 .
On September 8, 2003, which was a Monday, the Illinois EPA conducted another
inspection of the site . There was exposed refuse that had not been covered at the conclusion
of operations on the previous Friday.
12.
On September 8, 2003, the Illinois EPA inspected the northwest area of the
active cell where a large amount of exposed refuse was observed on June 24, 2003 ; there was
still some ;exposed refuse without a one foot cover of compacted clean soil material
.
13.
By failing to properly cover landfill waste within sixty days of placement of
another lift of waste by the covering the refuse with one foot of compacted clean soil material,
the Respondent has violated Sections 21(d)(2) and 21(o)(5) of the Act, 415 ILCS 5/21(d)(2) and
(o)(5) (2004), and Section 811 .313(a) of the Board's Waste Disposal Regulations, 35 III . Adm .
Code Section 811 .313(a) .
14.
By failing to properly cover landfill waste by placing a uniform layer of at least six
inches of clean soil material on top of the landfill waste by the end of each day of operation, the
Respondent has violated Section 21(d)(2) of the Act, 415 ILCS 5/21(d)(2) (2004), and Section
811 .106(a) of the Board's Waste Disposal Regulations, 35 III . Adm . Code Section 811 .106(a) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, D & L LANDFILL, INC . :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding the Respondent has violated the Act and regulations as alleged herein ;
C.
Ordering the Respondent to cease and desist from any further violations of the
Act and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNTII
VIOLATION OF LANDFILL PERMIT
1-12
. Complainant realleges and incorporates herein by reference paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of Count II .
13.
The Respondent's permit includes the following conditions
:
The operator of this solid waste facility shall not conduct the operation in a
manner which results in any of the following
: uncovered refuse remaining from
any previous operating day or at the conclusion of any operating day, unless
authorized by permit .
All waste, which is not covered within 60 days of placement of another lift of
waste or final cover, shall have an intermediate cover of compacted clean soil
with a minimum thickness of one (1) foot applied to it
.
14
. By failing to properly cover landfill waste by the end of each day of operation with
six inches of clean soil material being placed on top of the waste, the Respondent has violated
its permit .
15
.
By failing to properly cover landfill waste by means of covering the waste with a
uniform layer of at least one foot in thickness of compacted clean soil material, within sixty days
of placement of another lift of waste, the Respondent has violated its permit
.
16 .
By violating the conditions of its permit, the Respondent has also violated
Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, D & L LANDFILL, INC
. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding the Respondent has violated the Act and regulations as alleged herein
;
C.
Ordering the Respondent to cease and desist from any further violations of the
.Act and associated regulations ;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
E .
Grant such other and further relief as the Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Of Counsel
JAVONNA HOMAN
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: February 1, 2006
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
