BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF

ILLINOIS,

Complainant,

COMMUNITY LANDFILL COMPANY, INC.,

Illinois corporation, and

the

CITY

OF MORRIS, an Illinois

municipal corporation,

Respondents.

RE!

JUNO

32009

)

PCB No.

03-191

pollution

)

(Enforcement-Land)

)

NOTICE OF FILING

PLEASE TAKE

NOTICE that we have today, June 3, 2009,

filed with the Office of the

Clerk of the Illinois

Pollution Control Board, the original and nine (9) copies of

Complainant’s

Request

for Final Order, a copy

of which is attached and herewith served

upon

you.

BY:

PEOPLE OF THE STATE OF ILLINOIS

rel. LISA MADIGAN

Attorney General of the

State of”

TOPHER GRANT

;istant Attorneys General

Environmental Bureau

69 W. Washington Street, 1

gth

Flr.

Chicago, IL 60602

(312)

814-5388

vs.

)

BEFORE THE

ILLINOIS POLLUTION CONTROL

OFFICE

PEOPLE OF

THE STATE OF ILLINOIS,

)

JUN

iJfj9

Complainant,

)

vs.

)

PCB

No.

03-19 1

)

(Enforcement-Land)

COMMUNITY LANDFILL COMPANY, INC.,

)

an Illinois corporation, and

)

the CITY OF MORRIS, an Illinois

)

municipal corporation,

)

Respondents

)

REOUEST

FOR FINAL

ORDER

NOW COMES Complainant, PEOPLE

OF THE STATE OF ILLINOIS, and hereby

requests that the Illinois Pollution Control Board

(“Board”)

issue its final decision in this matter.

An immediate decision is necessary and appropriate because

ongoing violations

of the Illinois

Environmental

Protection

Act (“Act”), 415 ILCS 5/1 et seq. (2006),

the Morris

Community

Landfill (“Landfill”), which

may only

be addressed after the Board issues its decision.

THIS MATTER IS RIPE FOR DECISION

This subject

matter

this

case, the failure of Community Landfill Company

(“CLC”)

and

the

City

Morris

(“City”) to

provide

compliant

financial assurance for their Landfill

operations, has now been before the Board

for almost nine

(9)

years. In PCB 00-48/PCB

00-49

the

Board upheld the Illinois Environmental Protection

Agency’s (“Illinois EPA’s) findings

the

amount of financial assurance required. In

PCB 00-170, the Board upheld Illinois EPA’s

findings on the

invalidity

of the financial assurance then in place. The Board’s findings

were

upheld

the Appellate

Court almost seven

(7)

years ago1. In this enforcement

case,

the Board

found CLC and the City in violation

almost forty (40) months ago, and

a two-day

hearing

remedy was held more than twenty

(20) months ago

2. As shown herein, the Respondents remain

in violation of 415 ILCS 5/21(d)(2) and

Ill.

Adm. Code 811.700. However, they have

continued dumping

operations.

It is time for the Board

to make its final ruling and allow the

State to

enforce the law.

II.

FURTHER DELAY

WILL PREJUDICE THE STATE

There is No Financial Assurance for Closure

or Post-Closure Care of the Landfill

As shown by the Affidavit of Brian 3

White,despite the

Board’s earlier findings of

violation, the Respondents still have not arranged for financial

assurance

for closure and

post-

closure care.

The Board has consistently emphasized

the important role of financial assurance at

landfills. The purpose of financial assurance

is to prevent taxpayers from being stuck with

costs

that should have been borne by the landfills’ owners and operators

Here, the financial

assurance violations are particularly serious. As shown in Complainant’s

Post

Hearing Brief,

Parcel B of the Landfill is both overcapacity, and 13 years overdue for closure.

Although both

the City and CLC

continue

to dump illegally at the Landfill, there is no

assurance

that

the

1331

Ill. App. 3d

1056

(3d

Dist.,

July 17, 2002)

Between the three cases, the Board has held

eight days of hearing on this issue.

Exhibit A

See, e.g.: ESG Watts v. Illinois EPA, PCB 01-63 (April 4, 2002); People v.

Wayne

Berger, PCB 94-373

(May

1999); People

v. ESG Watts (PCB 96-237 (February 19. 1998)

Landfill will

ever be properly

closed, or that

future costs will

be borne

anyone

other

than

State

taxpayers.

This risk

is unacceptable, and the

Board

must

take immediate action.

CLC

and

the

City

Have

Continued Illegal

Dumping Operations

Despite

the fact that Board

found

them

violation almost forty

months

ago,

CLC

and the

City have

continued to operate

dumping

business

at the Landfill,

flagrant

violation of the

Act,

Board

Regulations, and

Illinois EPA-issued

waste disposal

permits.

The

State

provided

indisputable evidence

of continued

dumping

at the

Landfill

without

closure

and post-closure financial

assurance

in its Motion

for Summary Judgment

In its

Motion, the

State

asked

the Board

to order CLC and the

City

to9p this

illegal dumping upon

finding liability.

However, the

Board decided that

no relief

would

be ordered until after

hearing

For

that reason,

the State sought an expedited

hearing

soon after the Board’s

February

16,

2006

decision7

After the

original hearing date was

stricken,

Complainant asked the

Board

order

the

violations to

corrected in a Motion

for Interim

Relief. However, the

Board again decided

that

no relief

would be granted until

hearing

on the

33(c)

and

42 (h) factors

(415 ILCS 5/33(c)

and

5/(42(h)

(2006))8.

Despite

the State’s repeated

efforts

to expedite,

hearing

did not

take place

for

another 11

months.

Filed with

the Board on July 21,

2005

February

16, 2006 Order, slip

op. at

The State filed

its

Motion to Set Expedited

Hearing Date

on March 6,

2006, which was

denied by

the Hearing

Officer after Motions

to Reconsider

were filed on March

31, 2006,

forty

three

days after the Board’s

finding of liability.

October 16, 2006

Order, slip

op. at 4

At hearing on September 11-12, 2007, Complainant

again presented

undisputable

evidence of continued dumping of waste at the Landfill without financial assurance9.Plainly,

the Respondents hade taken advantage of the Board’s accommodations to continue illegal

dumping operations for 19 more months

10.

Incredibly, Community Landfill Company and the City of Morris are still dumping waste

illegally at the

Landfill,

and

will continue

to do so, in flagrant disregard of

the law, until the

Board takes

appropriate

action. As

shown

by the Affidavit of Mark

Retzlaff

11,freshly

deposited

sludge

and

construction

debris

was observed on June

24, 2008, and April 29, 2009. On April

29,

2009, Mr. Retzlaff observed

that the elevation

the dump had increased substantially since

his 2008

inspection, and also found

that the City of Morris

was

regularly dumping water

treatment sludge, asphalt shingles,

street sweepings and other debris. He

personally observed

City of

Morris truck come onto

the Landfill and dump its load

while he

was

performing his

inspection.

Mr. Retzlaff

also learned that Community Landfill

Company had apparently arranged for

entire excavation project from

Columbia College in Chicago to be dumped at

the Landfill,

and

had dumped

194 loads of contaminated

soil in

little over 2 months. The manifest from this

dumping

showed

that the material was

classified

‘special waste’. Thus, despite

the Board’s

See:

Complainant’s Post-Hearing Brief,

p.7.

The Board was

understandably sympathetic

the health problems of Edward Pruim, a

non-party, but an

officer of Respondent Community Landfill Company.

After obtaining

cancellation

of the original hearing date,

the Respondents renewed and continued their illegal

dumping

activities.

Exhibit B

finding of liability,

and

despite their

failure

to arrange

for

the

financial

assurance required

landfills, the Respondents

are

openly and

illegally

conducting waste

disposal operations

at an

overcapacity

landfill.

All

this dumping

is being done in

knowing

violation

of Section

21 (d)(2) of the Act,

and

Ill.

Adm. Code 811.700(f),

and

will continue

until the Board takes

action.

Delay

in the Board’s

Decision

is Preventing

the State

from Enforcing the Act

The Board

consistently refused

to order any

relief until

after

hearing on the penalty

factors in the

Act.Almost

months

ago, the

Board found that

the Respondents

were in

violation

of Section 21(d)(2)

of the Act, 415

ILCS

5/21(d)(2)

(2006), and 35

Ill. Adm.

Code

Sections

811.700(f) and 811.712(b)

But the Board has

yç

to order CLC

and the City

to stop

disposing of

waste

violation

of the

Act and

otherwise

comply

with

the law. Until the

Board

issues such

order,

the

State

hampered in obtaining

relief in

another

forum, and therefore

unable

to enforce the

law’

Unbeknownst

the Board,

the unexpected

delays in this

matter,

whether

due to the

actions

of the Respondents

or the exigencies

of the Board, have

enabled

ongoing

violations

of the

Act, Board regulations,

and Illinois EPA-issued

permits

at the Landfill.

The

Respondents

have

‘2

Based

on the Board’s

ruling on this issue,

the State repeatedly

sought

an early hearing

date,

and

vigorously

opposed CLC and

the City’s

attempts

to delay hearing

on remedy.

‘3

February 16, 2006

Order,

slip

op. at

15.

‘4

As noted in Complainant’s

Post-Hearing

Brief,

Parcel B

of the

Landfill

stopped

accepting

waste in 1996, but has

not yet undergone

closure. Having

asked that the

Board

order

CLC and

the City

to stop

dumping,

provide

financial assurance,

and perform

closure,

circuit

court

action seeking

the same

relief

subject to

involuntary dismissal

under

735 ILCS

5/2-

619(3)

as “another action

pending between

the

same parties

for the

same

cause

“.

demonstrated neither

remorse

nor any indication

that they will voluntarily comply with the law.

Instead, they have

taken advantage of the extended

delay to continue illegal dumping operations

at the Landfill.

The Board must not allow this to

continue.

Complainant

requests that the Board take

immediate action against the ongoing

violations

and the deteriorating

conditions at the Landfill.

Complainant respectfully request that the

Board

recognize its previous finding of violation, consider

the evidence presented at the 2007 hearing

remedy, and issue its final order in this case as

soon as possible.

RESPECTFULLY SUBMITTED

PEOPLE OF THE STATE OF ILLINOIS

by LISA MADIGAN,

Attorney General of the

State

of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/Asbestos

Litigation Division

ROSEMARIE

CAZEAU, Chief

Environmental Bureau North

BY:

CHRISTOPHER

GRANT

EjArironmenta1

Bureau

Assistant Attorney General

69 W. Washington Street, #1800

Chicago,

IL 60602

(312)814-5388

AFFIDAVIT

OF BRIAN

WHITE

I, Brian

White,

afier being

duly

sworn

oath, state

that if

called upon

testify in

this

matter,

I would

competently

testify as

follows:

I have

been

employed

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

since

February

1988.

current

working

title

is Compliance

Unit Manager

for

the

Bureau

ofLand and

payroll

title

Public

Service

Administrator.

I have

been

the

Compliance

Unit

Manager

since

January

1991.

As the Compliance

Unit

Manager,

my responsibilities

include supervising

staff

that

coordinate

the

compliance

and enforcement

activities

for

the Bureau

Land and

supervising

staff

of accountants

the

bureau’s

financial

assurance

program.

I am

familiar

with the

landfill generally

known

as the

Morris

Community

Landfill

(“Landfill”)

located

Morris,

Illinois.

The

owner

of the Landfill

is the City

Morris

(“City”)

and

the

operator

is Community

Landfill Co.

(“CLC”).

The Landfill

consists

oftwo parcels,

Parcels

I have

reviewed

the

Illinois EPA

files

regarding

this

matter

that

relate

to CLC

and

the

City’s

financial

assurance

obligations

at the

Landfill.

CLC

and

the City

were issued

various

permits including

closure

and post-closure

care

permits

for

Parcel

A, Permit

No. 2000-155-LFM,

dated August

4, 2000

(“Parcel

Significant

Modification

Permit”)

and

for Parcel

B, Permit

No.

2000-1

56-LFM,

dated August

4, 2000

(“Parcel

Significant

Modification

Permit”).

EXHIBIT

CLC

and the

City were required

to have financial

assurance

for its significant

modifications.

Ill. Adm. Code

811.700(b). These

financial

assurance requirements

were

initially incorporated

into Parcel

A Significant

Modification Permit

and Parcel

B Significant

Modification

Permit. For

Parcel

A, CLC

and

the City were

required to maintain

financial

assurance

in the amount

of$

12,357,756.00.

For

Parcel

B, CLC

and the City were

required

to initiallymaintain

financial assurance

in the amount

$5,069,610.00.

On September

11,

2007,1

testified

at hearing in

this matter. The

subject matter ofmy

testimony

was that, as of that

date, CLC

and

the

City

had

failed

to provide Illinois

EPA with

any

Landfill

closure and/or

post-closure

financial

assurance meeting

the requirements

of 35 Ill.

Adm.

Code 811.700(b).

of the date ofthis

Affidavit, CLC

and

the City have

failed to correct the

violations

found

by the Board on February

16, 2006 in

that they have

not

yet provided

to Illinois EPA

any

Landfill closure and/or

post closure

financial assurance

meeting the requirements

35 Ill. Adm.

Code 811.700(b).

10. CLC and the City

do not currently

have any financial

assurance

in place for the Landfill

that satisfies the requirements

of 35 Ill. Adm.

Code

Part

811.

11.

I have

personal

direct

knowledge

of the stated

herein, and if called

as a witness

hearing

in this matter, could competently

testif,’

thereto.

FURTHER

AFFIANT

SAYETH NOT

Brian White

Subscribed

and

Sworn

before me this

day

June, 2009.

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/272

MARK

RECEVE

CLERK’S

OFFICE

JUN

032009

CERTIFICATE OF SERVICE

STATE

ILLINOIS

PollutIon

Control

Board

CHRISTOPHER

GRANT,

attorney,

certify that

caused

to be served

this 3d day

of June,

2009, the

foregoing

Request

for Final

Order,

and Notice

of Filing,

upon the persons

listed

below,

placing

same in an

envelope bearing

sufficient

postage

with

the

United States

Postal

Service

located

at 100

Randolph,

Chicago

Illinfl/

A(A

‘)

CHRISTOPHER GRANT

Service

List

Mr.

Mark La

Rose

La Rose

Bosco

200

N. La

Salle

Street, #28

Chicago,

Illinois

60601

Mr.

Charles

Helsten

Mr. Richard

Porter

Hinshaw

Culbertson

100

Park Avenue

Rockford

IL 61105-1389

Mr.

Bradley

Halloran

Hearing

Officer

Illinois

Pollution

Control

Board

100

W. Randolph

Street

Chicago

IL 60601

(hand delivery)

Mr.

Scott M.

Belt

105 E.

Main Street

Suite

206

Morris

IL 60450