BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

Hh

\

F

1\

RECEIVED

Fj

I

J

NOV

241999

STATE

OF

1LLIINOIS

Pollution

Control

Board

(Enforcement)

COMMUNITY

LANDFILL

COMPANY,

INC.,

an

Illinois

corporation,

Respondent.

NOTICE

OF

FILING

TO:

Dorothy

Gunn,

Clerk

Mark

A.

LaRose,

Esq.

Illinois

Pollution

Control

Board

Mark

A.

LaRose,

Ltd.

James

R.

Thompson

Center

734

North

Wells

Street

100

West

Randolph

Street

Chicago,

IL

60610

Chicago,

IL

60601

John

Knittle

Hearing

Officer

Illinois

Pollution

Control

Board

100

W.

Randolph

St.

11

th

Floor

Chicago,

IL

60601

PLEASE

TAKE

NOTICE

that

on

November

24,

1999,

I

filed

with

the

Clerk

of

the

Illinois

Pollution

Control

Board

Complainant’s

Motion

For

Leave

To

File

Second

Amended

Complaint

and

Second

Amended

Complaint,

a

copy

of

which

is

attached

and

herewith

served

upon

you.

Respectfully

submitted

JAMES

E.

RYAN

Attorney

General

State

of

Illinois

By:__________________

MIKE

MACKO

1

’F

/

Environmental

Bureau

Assistant

Attorney

General

100

West

Randolph

Street,

11th

Flr.

Chicago,

IL

60601

(312)

814-3094

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

ex

rel.

JAMES

E.

RYAN,

Attorney

Generalof

the

State

of

Illinois,

Complainant,

-vs

-

PCB

No.

97-193

THIS

FILING

IS

SUBMITTED

ON

RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

r

ex

rel.

JANES

E.

RYAN,

Attorney

)

A

General

of

the

State

of

Illinois,

)

i

L

i\

\

[I

\

r

r

Complainant,

NOV

24

1999

-vs--

)

PCB

No.

97-193

(Enforcement)

STATE

OF

ILLINOIS

COMMUNITY

LANDFILL

COMPANY,

INC.,

)

Pollution

Control

Board

an

Illinois

corporation,

Respondent.

MOTION

TO

FILE

SECOND

AMENDED

COMPLAINT

NOW

COMES

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by

JANES

E.

RYAN,

Attorney

General

of

the

State

of

Illinois,

and

moves

this

Honorable

Board

for

leave

to

file

a

Second

Amended

Complaint.

In

support

of

this

motion

Complainant

states

as

follows:

1.

On

May

1,

1997,

Complainant

filed

its

Complaint

against

Respondent

alleging

various

violations

of

the

Illinois

Environmental

Protection

Act

and

the

Pollution

Control

Board

Waste

Disposal

regulations.

2.

Since

the

filing

of

this

action,

additional

matters

have

come

to

the

attention

of

the

Complainant

warranting

the

amendment

of

the

complaint

to

add

additional

violations.

3.

It

is

in

the

interest

of

the

parties

and

the

promotion

of

judicial

economy

to

have

all

of

these

matters

resolved

in

this

currently

pending

action.

---

WHEREFORE,

Complainant

moves

for

leave

to

file

its

Second

Amended

Complaint.

Respectfully

submitted

JAI’4ES

E.

RYAN

Attorney

General

State

of

Illinois

By:

C7/(

MIKE

MACKOF’,

/

1’

Environmental

Bureau

Assistant

Attorney

General

100

West

Randolph

Street,

11th

Flr.

Chicago,

IL

60601

(312)

814-2381

C:

\MyFi1eS\WPDOCS\CLC\PLEADING\2ZNENDED

CMP

wpd

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)r-

r

n

r

n

p

H

ex

rel.

JAMES

E.

RYAN,

Attorney

)fl

I

a

A

General

of

the

State

of

Illinois,

)I

II

H

Complainant,

:\j

NOv

24

19R9

SThTEOFLL\,

-

vs

-

)

PCB

No.

97-193

pollution

Control

Boar.

(Enforcement)

COMMUNITY

LANDFILL

CO.,

an

Illinois

corporation,

Respondent.

SECOND

AMENDED

COMPLAINT

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

ex

rel.

JAMES

E.

RYAN,

Attorney

General

of

the

State

of

Illinois,

on

his

own

motion,

complains

of

Respondent,

COMMUNITY

LANDFILL

CO.,

an

Illinois

Corporation,

as

follows:

COUNT

I

FAILURE

TO

ADEQUATELY

MANAGE

REFUSE

AND

LITTER

1.

This

count

is

brought

on

behalf

of

the

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by

JAMES

E.

RYAN,

Attorney

General

of

the

State

of

Illinois,

on

his

own

motion,

pursuant

toSection

31

of

the

Illinois

Environmental

Protection

Act

(Act”),

415

ILCS

5/31

(1998)

2.

The

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

is

an

administrative

agency

established

in

the

executive

branch

of

the

state

government

by

Section

4

of

the

Act,

415

ILCS

5/4

(1998)

and

charged,

inter

alia,

with

the

duty

of

enforcing

the

Act.

3.

At

all

times

relevant

to

this

Complaint,

Respondent,

COMMUNITY

LANDFILL

CO.,

(!!CLC?T),

an

Illinois

corporation,

has

operated

a

sanitary

landfill

located

at

1501

Ashley

Road,

Morris,

Grundy

1

---

County,

Illinois,

(TTlandfillhI

or

Tlsitefl)

4.

The

landfill

consists

of

approximately

119

acres

within

the

Northwest

1/4

of

Section

2

of

the

Northeast

1/4

of

Section

3,

Township

33

North

Range

7

East,

and

in

the

Southeast

1/4

of

Section

34

and

the

Southwest

1/4

of

Section

35,

Township

34

North

Range

7

East,

all

in

the

Third

Principal

Meridian,

in

Grundy

County,

Illinois.

5.

The

landfill

is

divided

into

two

parcels,

designated

Parcel

A

and

Parcel

B.

6.

Parcel

A

is

approximately

55

acres

in

size

and

is

currently

accepting

waste.

7.

Parcel

B

is

approximately

64

acres

in

size.

8.

Section

3.08

of

the

Act,

415

ILCS

5/3.08

(1998),

provides

the

following

definition:

“DISPOSAL

T

’

means

the

discharge,

deposit,

injection,

dumping,

spilling,

leaking

or

placing

of

any

waste

or

hazardous

waste

into

or

on

any

land

or

water

or

into

any

well

so

that

such

waste

or

hazardous

waste

or

any

constituent

thereof

may

enter

the

environment

or

be

emitted

into

the

air

or

discharged

into

any

waters,

including

ground

waters.

9.

Section

3.20

of

the

Act,

415

ILCS

5/3.20

(1998),

provides

the

following

definition:

“LANDSCAPE

WASTE”

means

all

accumulations

of

grass

or

shrubbery,

cuttings,

leaves,

tree

limbs

and

other

materials

accumulated

as

the

result

of

thecare

oflawns,

shrubbery,

vines

and

trees.

10.

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998),

provides

thefollowing

definition:

“PERSON”

is

any

individual,

partnership,

co-partnership,

firm,

company,

limited

liability

company,

corporation,

association,

joint

stock

company,

trust

estate,

political

subdivision,

state

agency,

or

any

other

legal

entity,

or

2

---

their

legal

representative,

agent

or

assigns.

11.

Section

3.41

of

the

Act,

415

ILCS

5/3.41

(1998),

provides

the

following

definition:

“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

theconclusion

of

each

day’s

operation,

or

by

such

other

methods

and

intervals

as

the

Board

may

provide

by

regulation.

12.

Section

3.53

of

the

Act,

415

ILCS

5/3.53

(1998),

provides

the

following

definition:

“WASTE”

means

any

garbage,

sludge

from

a

waste

treatment

plant,

or

air

pollution

control

facility

or

other

discarded

material,

including

solid,

liquid,

semi-solid,

or

contained

gaseous

material

resulting

from

industrial,

commercial,

mining

and

agricultural

operations

and

from

community

activities,

but

does

not

include

solid

or

dissolved

material

in

domestic

sewage,

or

solid

or

dissolved

materials

in

irrigation

return

flows,

or

coal

combustion

by-products

as

defined

in

Section

3.94,

or

industrial

discharges

which

are

point

sources

subject

topermits

under

Section

402

of

the

Federal

Water

Pollution

Control

Act,

as

now

or

hereafter

amended,

or

source,

special

nuclear,

or

by-product

materials

as

defined

by

the

Atomic

Energy

Act

of

1954,

as

amended

(68

Stat.

921)

or

any

solid

or

dissolved

material

from

any

facility

subject

to

the

Federal

Surface

Mining

Control

and

Reclamation

Act

of

1977

(P.L.

95-87)

or

the

rules

and

regulations

thereunder

or

any

law

or

rule

or

regulation

adopted

by

the

State

of

Illinois

pursuant

thereto.

13.

Section

21(d)

(2)

of

the

Act,

415

ILCS

5/21(d)

(2)

(1998),

provides

as

follows:

No

person

shall:

*

*

*

d.

Conductany

waste-storage,

waste

treatment,

or

waste

treatment,

or

waste-disposal

operation:

3

---

*

*

*

2.

In

violation

of

any

regulations

or

standards

adopted

by

the

Board

under

this

Act;

or

*

*

*

14.

on

the

following

dates

the

Illinois

EPA

conducted

an

inspection

of

the

site:

April

7,

1994,

March

22,

1995,

May

22,

1995,

March

5,

1997,

July

28,1998,

November

19,

1998,

March

31,

1999,

May

11,

1999

and

July

20,

1999.

15.

During

the

April

7,

1994,

inspection,

litter

was

observed

in

the

perimeter

drainage

ditch

at

the

southwest

portion

of

Parcel

B

and

on

the

southwest

slope

of

Parcel

B.

16.

During

the

March

22,1995,

inspection,

the

Illinois

EPA

inspector

observed

refuse

in

a

perimeter

ditch

and

in

a

retention

pond

at

the

landfill.

17.

During

the

May

22,1995,

inspection,

the

Illinois

EPA

inspector

observed

refuse

and

litter

in

the

perimeter

ditches.

18.

Also

during

the

May

22,

1995

inspection,

the

Illinois

EPA

inspector

observed

three

eroded

areas

where

leachate

seeps

had

exposed

previously

covered

refuse.

19.

During

the

July

28,

1998

inspection,

there

was

uncovered

waste

from

previous

operating

days

in

parcel

A.

20.

On

November

19,

1998

and

March

31,

1999,

the

landfill

was

accepting

waste,

and

onMarch

31,

1999,

there

was

uncovered

refuse

on

Parcel

B,

and

blowing

uncovered

litter

on

Parcel

A.

21.

On

May

11,

1999,

the

landfill

was

accepting

waste,

and

there

was

uncovered

waste

at

the

site

including

uncovered

bags

of

asbestos

containing

waste

material

(ACWM).

4

---

22.

On

July

20,

1999,

the

landfill

was

accepting

waste

in

Parcel

A,

and

there

was

uncovered

refuse

on

Parcel

B.

23.

Section

21(o)

of

the

Act,

415

ILCS

5/21(o)

(1998),

provides,

in

pertinent

part,

as

follows:

No

person

shall:

*

*

*

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:

1.

refuse

in

standing

or

flowing

waters;

*

*

*

5.

uncovered

refuse

remaining

from

any

previous

operating

day

or

at

the

conclusion

of

any

operation

day,

unless

authorized

by

permit;

*

*

*

12.

failure

to

collect

and

contain

litter

from

the

site

by

the

end

of

each

operating

day.

24.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois,

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998)

25.

Section

807.306

of

the

Illinois

Pollution

Control

Board

T

s

(HBoardTsTI)

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.306,

provides

as

follows:

All

litter

shall

be

collected

from

the

sanitary

landfill

site

by

the

end

of

each

working

day

and

either

placed

in

the

fill

and

compacted

and

covered

that

day,

or

stored

in

a

covered

container.

26.

Litter

and

refuse

are

waste

as

that

term

is

defined

in

Section

3.53

of

the

Act,

415

ILCS

5/3.53

(1998)

5

---

27.

The

site

is

a

sanitary

landfill

that

requires

a

permit

under

Section

21(d)

of

the

Act,

415

ILCW

5/21(d)

(1998)

28.

By

leaving

refuse

in

perimeter

ditches

and

the

retention

pond

on

March

22,

1995,

and

by

leaving

refuse

in

perimeter

ditches

on

May

22,

1995,

Respondent

has

violated

Section

21(o)

(1)

of

the

Act,

415

ILCS

5/21(o)

(1)

(1998).

29.

By

allowing

leachate

seeps

to

erode

areas

of

the

landfill

and

expose

previously

covered

refuse,

at

least

on

May

22,

1995,

Respondent

has

violated

Section

21(o)

(5)

of

the

Act,

415

ILCS

5/21(o)

(5)

(1998)

30.

By

allowing

litter

and

refuse

to

remain

exposed,

uncontained,

and

uncovered

around

various

areas

of

the

site

on

April

7,

1994,

March

22,1995,

May

22,

1995,

July

28,

1998,

March

31,

1999,

May

11,

1999

and

July

20,

1999,

the

Respondent

has

violated

Sections

21(o)

(5)

and

(12)

of

the

Act,

415

ILCS

5/21(o)

(5)

and

(12)

(1998),

and

Section

807.306

of

the

Board

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.306

and

thereby,

also

violated

Section

21(d)

(2)

of

the

Act,

415

ILCS

5/21(d)

(2)

(1998)

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

I:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

the

Respondent

has

caused

or

allowed

violations

of

Section

21(d)

(2),

21(o)

(1),

(5),

and

(12)

of

the

Act,

and

Section

807.306

of

35

Ill.

Adm.

Code;

6

---

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Sections

21(d)

(2),

21(o)

(1),

(5)

and

(12),

and

Section

807.306

of

35

Ill.

Adm.

Code;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

for

each

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

II

FAILURE

TO

PREVENT

OR

CONTROL

LEACHATE

FLOW

1-14.

Complainant

realleges

and

incorporates

by

reference

herein

paragraphs

1

through

14

of

Count

I

as

paragraphs

1

through

14

of

this

Count

II

as

if

fully

set

forth

herein.

15.

During

the

April

7,

1994,

inspection,

the

Illinois

EPA

inspector

observed

five

leachate

seeps

along

the

northwest

perimeter

of

Parcel

B.

16.

During

the

March

22,

1995,

inspection,

the

Illinois

EPA

inspector

observed

numerous

leachate

seeps

at

the

northwest

perimeter

of

the

landfill.

17.

During

the

May

22,

1995,

inspection,

the

Illinois

EPA

inspector

observed

numerous

leachate

seeps

along

the

north

slope

of

the

landfill

and

in

the

north

perimeter

ditch

which

eventually

drains

into

the

Illinois

River.

7

---

18.

Section

21(o)

of

the

Act,

415

ILCS

5/21(o)

(1998),

provides,

in

pertinent

part,

as

follows:

No

person

shall:

*

*

*

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:

*

*

*

2.

leachate

flows

entering

waters

of

the

State;

3.

leachate

flows

exiting

the

landfill

confines

(as

determined

by

the

boundaries

established

for

the

landfill

by

a

permit

issued

by

the

Agency);

*

*

*

19.

Section

807.314(e)

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.314(e),

provides

as

follows:

Except

as

otherwise

authorized

in

writing

by

the

Agency,

no

person

shall

cause

or

allow

the

development

or

operation

of

a

sanitary

landfill

which

does

not

provide:

*

*

*

e)

Adequate

measures

to

monitor

and

control

leachate;

20.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois,

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998).

21.

Section

3.56

of

the

Act,

415

ILCS

5/3.56

(1998),

contains

the

following

definition:

“WATERS”

means

all

accumulations

of

water,

surface

and

underground,

natural

and

artificial,

public

and

private,

or

parts

thereof,

which

are

wholly

or

partially

within,

flow

through,

or

border

upon

the

State.

8

---

22.

The

Illinois

River

is

a

“water”

of

the

State

of

Illinois,

as

that

term

is

defined

inSection

3.56

of

the

Act.

23.

By

allowing

leachate

seeps

to

exit

the

landfill

boundaries

and

enter

waters

of

the

State,

and

by

failing

to

control

leachate

flow,

Respondent

has

violated

Sections

21(d)

(2),

and

21(o)

(2)

and

(3)

of

the

Act,

415

ILCS

5/21(d)

(2)

and

21(o)

(2)

and

(3)

(1998)

,

and

Section

807.314(e)

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.314(e).

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

II:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Sections

21(d)(2),

21(o)

(2)

and

(3),

and

Section

807.314(e)

of

35

111.

Adm.

Code;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Sections

21(d)

(2),

21(o)

(2)

and

(3),

and

Section

807.314(e)

of

35

111.

Adm.

Code;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

for

each

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

9

---

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

III

FAILURE

TO

PROPERLY

DISPOSE

OF

LANDSCAPE

WASTE

1-13.

Complainant

realleges

and

incorporates

by

referenceherein

paragraphs

1

through

13

of

Count

I

as

paragraphs

1

through

13

of

this

Count

III

as

if

fully

set

forth

herein.

14.

Section

22.22(c)

of

the

Act,

415

ILCS

5/22.22(c)

(1998),

provides

as

follows:

c.

Beginning

July

1,

1990,

no

owner

or

operator

of

a

sanitary

landfill

shall

accept

landscape

waste

for

final

disposal,

except

that

landscape

waste

separated

from

municipal

waste

may

be

accepted

by

a

sanitary

landfill

if

(1)

the

landfill

provides

and

maintains

for

that

purpose

separate

landscape

waste

composting

facilities

and

composts

all

landscape

waste,

and

(2)

the

composted

waste

is

utilized,

by

the

operators

of

the

landfill

or

by

any

other

person,

as

part

of

the

final

vegetative

cover

for

the

landfill

or

such

other

uses

as

soil

conditioning

material.

15.

on

August

18,

1993

and

April

7,

1994,

the

Illinois

EPA

conducted

inspections

of

the

site.

During

these

inspections,

the

Illinois

EPA

inspector

observed

that

landscape

waste

had

been

deposited

in

the

landfill

area.

16.

On

July

28,

1998,

the

Respondent

was

landfilling

landscape

waste

at

the

site

in

Parcel

A.

17.

By

landfilling

landscape

waste,

Respondent

has

violated

Section

22.22(c)

of

the

Act,

415

ILCS

5/22.22(c)

(1998).

WHEREFORE,

Complainant

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

10

---

CLC,

with

respect

to

Count

III:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Section

22.22(c)

of

the

Act;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Section

22.22(c)

of

the

Act;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

for

each

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

IV

FAILURE

TO

PROVIDE

AND

MAINTAIN

ADEOUATE

FINANCIAL

ASSURANCE

PURSUANT

TO

THE

APRIL

20,

1993

PERMIT

1-13.

Complainant

realleges

and

incorporates

by

reference

herein

paragraphs

1

through

13

of

Count

I

as

paragraphs

1

through

13

of

this

Count

IV

as

if

fully

set

forth

herein.

14.

Section

21.1(a)

of

the

Act,

415

ILCS

5/21.1(a)

(1998),

provides

as

follows:

a.

Except

as

provided

in

subsection

(a.5)

no

person

other

than

the

State

of

Illinois,

its

agencies

and

institutions,

or

a

unit

of

local

government

shall

conduct

any

waste

disposal

operation

on

or

after

March

11

---

1,

1985,

which

requires

a

permit

under

subsection

(d)

of

Section

21

of

this

Act,

unless

such

person

has

posted

with

the

Agency

a

performance

bond

or

other

security

for

the

purpose

of

insuring

closure

of

the

site

and

post-closure

care

in

accordance

with

this

Act

and

regulations

adopted

thereunder.

15.

Section

807.601(a)

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.601(a),

states

as

follows:

No

person

shall

conduct

a

waste

disposal

operation

or

indefinite

storage

operation

which

requires

a

permit

under

Section

21(d)

of

the

Act

unless

such

person

has

provided

financial

assurance

in

accordance

with

this

Subpart.

a)

The

financial

assurance

requirement

does

notapply

to

the

State

of

Illinois,

its

agencies

and

institutions,

or

to

any

unit

of

local

government;

provided,

however,

that

any

other

persons

who

conduct

such

a

waste

disposal

operation

on

a

site

which

may

be

owned

or

operated

by

such

a

government

entity

must

provide

financial

assurance

for

closure

and

post-closure

care

of

the

site.

16.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois,

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998),

and

as

contemplated

by

Section

21.1(a)

of

the

Act,

415

ILCS

5/21.1(a)

(1998)

17.

Section

807.603(b)

(1)

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.603(b)

(1),

provides

as

follows:

b)

The

operator

must

increase

the

total

amount

of

financial

assurance

so

as

to

equal

the

current

cost

estimate

within

90

days

after

any

of

the

following:

1)

An

increase

in

the

current

cost

estimate;

18.

Item

3

of

Respondent’s

supplemental

permit

dated

April

20,

1993,

provided

that

financial

assurance

was

to

be

maintained

in

an

amount

equal

to

$1,

342,

500.

00

12

---

19.

Item

3

of

Respondent’s

supplemental

permit

dated

April

20,

1993,

approved

the

Respondent’s

current

cost

estimate

for

$1,342,500.00.

20.

Respondent

failed

to

increase

the

total

amount

of

financial

assurance

to

$1,342,500.00,

within

90

days

after

the

Agency

approved

its

cost

estimate

on

April

20,

1993.

21.

Respondent

provided

a

performance

bond

on

June

20,

1996.

22.

By

failing

to

provide

adequate

financial

assurance

Respondent

has

violated

Section

21.1(a)

of

the

Act,

415

ILCS

5/21.1(a)

(1998),

and

Section

807.601(a)

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.601(a).

23.

By

failing

to

adequately

increase

the

financial

assurance

amount

by

July

19,

1993

(90

days

after

the

Agency

approved

its

cost

estimate

on

April

20,

1993),

Respondent

has

violated

Section

21(d)

(2)

of

the

Act,

415

ILCS

5/21(d)

(2)

(1998),

and

Section

807.603(b)

(1)

of

the

Board

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.603(b)

(1).

24.

Respondent

was

out

of

compliance

with

Section

21.1(a)

of

the

Act,

415

ILCS

5/21.1(a)

(1998),

35

Ill.

Adm.

Code

807.601(a)

and

807.603(b)

(1)

from

July

19,

1993

until

June

20,

1996.

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

IV:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

violated

Sections

21(d)

(2)

and

13

---

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13

---

pursuant

to

Section

21(d)

of

the

Environmental

Protection

Act

(Act)

(Ill.

Rev.

Stat.

1991,

ch.

111

‘A,

par.

1021(d)

[415

ILCS

5/21(d)]

shall

file

an

application

for

a

significant

modification

to

their

permits

for

existing

units,

unless

the

units

will

be

closed

pursuant

to

Subpart

E

within

two

years

of

the

-

effective

date

of

this

Part.

b.

The

owner

or

operator

of

an

existing

unit

shall

submit

information

required

by

35

Iii.

Adm.

Code

812

to

demonstrate

compliance

with

Subpart

B,

Subpart

C

or

Subpart

0

of

this

Part,

whichever

is

applicable.

c.

The

application

shall

be

filed

within

48

months

of

the

effective

date

of

this

Part,

or

at

such

earlier

time

as

the

Agency

shall

specify

in

writing

pursuant

to

35

Ill.

Adm.

Code

807.209

or

813.201(b).

d.

The

application

shall

be

made

pursuant

to

the

procedures

of

35

Ill.

Adm.

Code

813.

16.

The

Respondent

failed

to

file

the

required

significant

modification

for

Parcel

B

by

June

15,

1993.

17.

Respondent

finally

filed

the

required

significant

modification

on

August

5,

1996,

pursuant

to

a

prospective

variance

issued

by

the

Board.

18.

By

failing

to

file

the

required

significant

modification

for

Parcel

B

by

June

15,

1993,

the

Respondent

has

violated

Section

21(d)

(2)

of

the

Act,

415

ILCS

5/21(d)

(2)

(1998),

and

Section

814.104

of

the

Board’s

Waste

Disposal

Regulations,

35

111.

Adm.

Code

814.104.

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

V:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

violated

Section

21(d)

(2)

of

15

---

the

Act

and

Section

814.104

of

the

Board’s

Waste

Disposal

Regulations;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Section

21(d)

(2)

of

the

Act

or

Section

814.104

of

the

BoardTs

Waste

Disposal

Regulations;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

VI

WATER

POLLUTION

1-18.

Complainant

realleges

and

incorporates

by

reference

herein,

paragraphs

1

through

18

of

Count

I

as

paragraphs

1

through

18

of

this

Count

VI

as

if

fully

set

forth

herein.

19.

During

the

May

22,

1995,

inspection,

the

Illinois

EPA

inspector

observed

leachate

in

the

north

perimeter

ditch

which

eventually

drains

into

the

Illinois

River.

20.

Section

12(a)

of

the

Act,

415

ILCS

5/12(a)

(1998),

provides

as

follows:

No

person

shall:

a.

Cause

or

threaten

or

allow

the

discharge

of

any

contaminants

in

any

State

so

as

to

cause

or

tend

to

cause

water

pollution

in

Illinois,

either

alone

or

in

combination

with

matter

from

other

sources,

or

so

as

16

---

to

violate

regulations

or

standards

adopted

by

the

Pollution

Control

Board

under

this

Act;

21.

Section

807.313

of

the

Board!s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.313,

provides

as

follows:

No

person

shall

cause

or

allow

operation

of

a

sanitary

landfill

so

as

to

cause

or

threaten

or

allow

the

discharge

of

any

contamination

into

the

environment

in

any

State

so

as

to

cause

ortend

to

cause

water

pollution

in

Illinois,

either

alone

or

in

combination

with

matter

from

other

sources,

or

so

as

to

violate

regulations

or

standards

adopted

by

the

Pollution

Control

Board

under

the

Act.

22.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois

is

a

person

as

that

term

is

defined

at

Section

3.26of

the

Act,

415

ILCS

5/3.26

(1998)

23.

Section

3.06

of

the

Act,

415

ILCS

5/3.06

(1998),

defines

11

contaminant

as

any

solid,

liquid,

or

gaseous

matter,

any

odor,

or

any

form

of

energy,

from

whatever

source.TT

24.

The

leachate

the

Illinois

EPA

inspector

observed

in

the

north

perimeter

ditch

is

a

contaminant

as

that

term

is

defined

at

Section

3.06

of

the

Act,

415

ILCS

5/3.06

(1998).

25.

Section

3.56

of

the

Act,

416

ILCS

5/3.56

(1998),

defines

waters

as

11

a11

accumulations

of

water,

surface

and

underground,

natural,

and

artificial,

public

and

private,

or

parts

thereof,

which

are

wholly

or

partially

within,

flow

through

or

border

upon

this

State.

26.

The

Illinois

River

into

which

leachate

from

the

north

perimeter

ditch

located

on

the

site

eventually

drains,

is

a

water

of

the

state

of

Illinois

as

that

term

is

defined

at

Section

3.56of

the

Act,

415

ILCS

5/3.56

(1998)

17

---

27.

Section

3.55

of

the

Act,

415

ILCS

5.3/55

(1998),

defines

“water

pollution”

as

follows:

“Water

pollution”

is

such

alteration

of

the

physical,

thermal,

chemical,

biological

or

radioactive

properties

of

any

waters

of

the

State,

or

such

discharge

of

any

contaminant

into

any

waters

of

the

State,

as

will

or

is

likely

to

create

a

nuisance

or

render

such

waters

harmful

or

detrimental

or

injurious

to

public

health,

safety

or

welfare,

or

to

domestic,

commercial,

industrial,

agricultural,

recreational,

or

other

legitimate

usesiT,

or

to

livestock,

wild

animals,

birds,

fish,

or

other

aquatic

life.

28.

Causing

or

allowing

leachate,

a

contaminant,

to

flow

into

the

north

perimeter

ditch

which

eventually

drains

or

discharges

into

the

Illinois

River

constitutes

water

pollution

as

that

term

is

defined

at

Section

3.55

of

the

Act,

415

ILCS

5/3.55

(1998).

29.

By

causing

or

allowing

leachate

to

flow

off-site

to

the

Illinois

River,

Respondenthas

violated

Sections

12(a)

and

21(d)

(2)

of

the

Act,

415

ILCS

5/12(a)

and

21(d)

(2)

(1998),

and

Section

807.313

of

the

Board’s

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code

807.313.

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

VI:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondenthas

violated

Sections

12(a)

and

21(d)

(2)

of

the

Act

and

Section

807.313

of

the

Board’s

Waste

Disposal

Regulations;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

18

---

violations

of

Sections

12(a)

and

21(d)

(2)

of

the

Act

and

Section

807.313

of

the

Board’s

Waste

Disposal

Regulations;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

VII

DEPOSITING

OF

WASTE

IN

UNPERMITTED

PORTIONS

OF

A

LANDFILL

1-12.

Complainant

realleges

and

incorporates

by

reference

herein,

paragraphs

1

through

12

of

Count

I

as

paragraphs

1

through

12

of

this

Count

VII

as

if

fully

set

forth

herein.

13.

On

June

5,

1989,

supplemental

development

permit

number

l989-005-SP

was

issued

to

Respondent

for

the

vertical

expansion

of

Parcel

A

and

Parcel

B.

14.

Supplemental

developmental

permit

number

l989-005-SP

that

was

issued

to

Respondent

on

June

5,

1989,

specifically

incorporated

as

part

of

said

permit,

Respondent’s

final

plans,

specifications,

application

and

supporting

documents

that

were

submitted

by

Respondent

and

approved

by

the

Illinois

EPA.

15.

Respondent’s

supplemental

development

permit

application

19

---

which

was

incorporated

as

part

of

supplemental

development

permit

number

1989-005-SP

issued

to

Respondent,

provides

the

maximum

elevation

for

the

landfill

as

580

feet

above

mean

sea

level.

16.

Respondent

was

therefore

required

not

to

exceed

the

landfill

elevation

of

580

feet

above

mean

sea

level.

17.

On

August

5,

1996,

Respondent

filed

with

the

Illinois

EPA,

an

application

for

significant

modification

of

parcel

B.

The

application

contained

a

map

which

shows

the

current

condition

of

parcel

B.

18.

The

map

referenced

in

paragraph

17

above,

shows

the

current

elevation

for

parcel

B

to

be

at

least

590

feet

above

mean

sea

level.

A

ten

feet

increase

over

the

permitted

elevation.

19.

On

April

30,

1997,

Respondent

submitted

to

the

Illinois

EPA,

a

document

titled,

‘

T

ADDENDUM

TO

THE

APPLICATION

FOR

SIGNIFICANT

MODIFICATION

TO

PERMIT

MORRIS

COMMUNITY

LANDFILL

-

PARCEL

B.”

The

information

contained

therein

showed,

that

in

excess

of

475,000

cubic

yards

of

waste

was

disposed

of

above

the

permitted

landfill

height

of

580

feet

above

mean

sea

level.

20.

As

of

July

20,

1999

or

on

dates

better

known

to

Respondent,

portions

of

Parcel

B

exceeded

580

feet

above

mean

sea

level.

21.

Section

21(o)

(9)

of

the

Act,

415

ILCS

5/21(o)

(9)

(1998),

provides

as

follows:

No

person

shall:

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:

20

---

9.

deposition

of

refuse

in

any

unpermitted

portion

of

the

landfill.

22.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois,

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998)

23.

Refuse

is

waste

as

that

term

is

defined

at

Section

3.53

of

the

Act,

415

ILCS

5/3.53

(1998).

24.

On

and

before

August

5,

1996

or

a

date

better

known

to

Respondent

and

continuing

until

the

filing

of

this

Second

Amended

Complaint

herein,

Respondent

deposited

refuse

inunpermitted

portions

of

parcel

B.

Respondent

did

not

have

a

permit

issued

by

the

Illinois

EPA

to

deposit

refuse

above

its

permitted

elevation

of

580

feet

above

mean

sea

level.

25.

By

depositing

refuse

or

waste

in

portions

of

parcel

B

above

its

permitted

elevation,

Respondent

violated

Section

21(o)

(9)

of

the

Act,

415

ILCS

5/21(o)

(9)

(1998)

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

VII:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Section

21(o)

(9)

of

the

Act;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Section

21(o)

(9)

of

the

Act;

21

---

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

addition

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

for

each

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

VIII

CONDUCTING

A

WASTE

DISPOSAL

OPERATION

WITHOUT

A

PERMIT

1-20.

Complainant

realleges

and

incorporates

by

reference

herein

paragraphs

1

through

20

of

Count

VII

as

paragraphs

1

through

20

of

this

Count

VIII

as

if

fully

set

forth

herein.

21.

Section

21(d)

(1)

of

the

Act,

415

ILCS

5/21(d)

(1)

(1998),

provides

as

follows:

No

person

shall:

Conduct

any

waste-storage,

waste-treatment,

orwaste-

disposal

operation:

1.

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

ensure

compliance

with

this

Act,

and

with

regulations

and

standards

adopted

thereunder.

.

.

22.

Respondent

a

corporation

which

operates

a

landfill

in

Illinois

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998).

22

---

23.

Refuse

is

waste

as

that

term

is

defined

at

Section

3.53

of

the

Act,

415

ILCS

5/3.53

(1998).

24.

By

causing

or

allowing

refuse

or

waste

to

be

deposited

in

Parcel

B

at

the

landfill

above

the

permitted

elevation

of

580

feet

above

mean

sea

level,

unpermitted

areas

of

the

landfill,

Respondent

conducted

a

waste-storage

or

waste-disposal

operation.

25.

Respondent

did

not

have

a

permit

for

the

disposal

of

waste

above

an

elevation

of

580

feet

above

mean

sea

level.

26.

Since

at

least

August

5,

1996,

or

a

date

better

known

to

Respondent

and

continuing

until

the

filing

of

this

Second

Amended

Complaint,

Respondent

has

waste

in

unpermitted

portions

of

Parcel

B

of

the

landfill

in

violation

of

Section

21(d)

(1)

of

the

Act,

415

ILCS

5/21(d)

(1)

(1998)

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC

with

respect

to

Count

VIII:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Section

21(d)

(1)

of

the

Act;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Section

21(d)

(1)

of

the

Act;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

($10,000.00)

per

day

for

each

day

of

23

---

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

its

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

IX

OPEN

DUMPING

1-20.

Complainant

realleges

and

incorporates

by

reference

herein

paragraphs

1

through

20

of

Count

VII

as

paragraphs

1

through

20

of

this

Count

IX

as

if

fully

set

forth

herein.

21.

Section

21(a)

of

the

Act,

415

ILCS

5/21(a)

(1998),

provides

as

follows:

No

person

shall:

a.

Cause

or

allow

the

open

dumping

of

any

waste.

22.

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998),

provides

the

following

definition:

“OPEN

DUMPING”

means

the

consolidation

of

refuse

from

one

or

more

sources

at

a

disposal

site

that

does

not

fulfill

the

requirements

of

a

sanitary

landfill.

23.

Sections

3.31

and

3.43

of

the

Act,

415

ILCS

5/3.31,

3.43

(1998),

provides

the

following

definitions,

respectively:

TTREFUSEIT

means

waste.

TTSITEII

means

any

location,

place,

tract

of

land,

and

facilities,

including,

butnot

limited

to

buidings,

and

improvements

used

for

purposes

subject

to

regulation

or

control

by

this

Act

or

regulations

thereunder.

24.

The

landfill

is

a

“disposal

site”

as

those

terms

are

defined

24

---

in

the

Act.

25.

Since

at

least

August

5,

1996,

or

a

date

better

known

to

Respondent,

Respondent

has

caused

or

allowed

the

consolidation

of

refuse

at

the

site,

above

the

permitted

elevation

of

580

feet

above

mean

sea

level.

26.

The

consolidation

of

refuse

at

the

site

on

Parcel

B

above

the

permitted

elevation

of

580

feet

above

mean

sea

level,

disposal

areas

that

do

not

fulfill

the

requirements

of

a

sanitary

landfill,

constitutes

TT

open

dumpingiT

as

that

term

is

defined

in

Section

3.24of

the

Act,

415

ILCS

5/3.24

(1998).

27.

Respondent,

by

its

conduct

described

herein,

has

and

continues

to

violate

Section

21(a)

of

the

Act,

415

ILCS

5/21(a)

(1998)

WHEREFORE,

Complainant,

PEOPLE

OFTHE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

IX:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Section

21(a)

of

the

Act;

3.

Ordering

Respondent

to

cease

and

desist

from

any

further

violations

of

Section

21(a)

of

the

Act;

4.

Assessing

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

against

Respondent

for

each

violation,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

per

day

for

each

25

---

day

of

violation;

5.

Requiring

Respondent

to

pay

all

costs,

including

expert

witness,

consultant

and

attorney

fees,

expended

by

the

State

in

the

pursuit

of

this

action;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate.

COUNT

X

VIOLATION

OF

STANDARD

CONDITION

3

1-20.

Complainant

realleges

and

incorporates

by

reference

herein,

paragraphs

1

through

20

of

Count

VII

as

paragraphs

1

through

20

of

this

Count

X

as

if

fully

set

forth

herein.

21.

Section

21(d)

(1)

of

the

Act,

415

ILCS

5/21(d)

(1)

(1998),

provides

as

follows:

No

person

shall:

Conduct

any

waste-storage,

waste-treatment,

orwaste-

disposal

operation:

1.

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

ensure

compliance

with

this

Act,

and

with

regulations

and

standards

adopted

thereunder.

.

22.

Respondent,

a

corporation

which

operates

a

landfill

in

Illinois

is

a

person

as

that

term

is

defined

at

Section

3.26

of

the

Act,

415

ILCS

5/3.26

(1998).

23.

Refuse

is

waste

as

that

term

is

defined

at

Section

3.53

of

the

Act,

415

ILCS

5/3.53

(1998).

24.

Standard

condition

number

3

of

supplemental

development

permit

number

1989-005-SP

which

was

issued

to

Respondent

on

June

5,

26

---

1989,

provides

as

follows:

There

shall

be

no

deviation

from

the

approved

plans

and

specifications

unless

a

written

request

for

modification

of

the

project,

along

with

plans

and

specifications

as

required,

shall

have

been

submitted

to

the

Agency

and

a

supplemental

written

permit

issued.

25.

Respondent

was

required

by

standard

condition

number

3

of

its

supplemental

development

permit

number

l989-005-SP,

to

obtain

a

supplemental

permit

in

order

to

increase

its

landfill

elevation

above

the

permitted

limit,

before

depositing

waste

inthe

landfill

above

the

permitted

limit

of

580

feet

above

mean

sea

level.

26.

Since

at

least

August

5,

1996,

or

a

date

better

known

to

Respondent

and

continuing

until

the

filing

of

this

Second

Amended

Complaint,

Respondent

failed

to

obtain

a

supplemental

permit

to

increase

the

permitted

elevation

of

the

landfill

before

depositing

waste

therein,

above

580

feet

above

mean

sea

level.

27.

Respondent,

by

its

conduct

described

herein,

has

and

continues

to

violate

standard

condition

number

3

of

its

supplemental

development

permit

number

l989-005-SP,

and

thereby,

also

violates

Section

21(d)

(1)

of

the

Act,

415

ILCS

5/21(d)

(1)

(1998).

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

against

Respondent

CLC,

with

respect

to

Count

X:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

caused

or

allowed

violations

of

Section

21(d)

(1)

of

the

Act

and

standard

condition

number

3

of

permit

27

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