ILLINOIS POLLUTION CONTROL BOARD

January

21,

1982

FOREST PRESERVE DISTRICT OF DUPAGE

COUNTY,

ILLINOIS, AN ILLINOIS

MUNICIPAL

CORPORATION,

Complainant,

v.

-

PCS

79—52

E

&

E

HAULING,

INCORPORATED,

AN

ILLINOIS

CORPORATION,

Respondent.

RICHARD

A.

MAEARSRI,

CHAPMAN

AND

CUTLER,

APPEARED

ON

BEHALF

OF

COMPLAINANT;

THOMAS

W.

MCNAMARA,

JENNER

AND

BLOCK,

APPEARED

ON

BEHALF

OF

RESPONDENT.

OPINION

AND

ORDER

OF

THE

BOARD

(by

I.

Goodman):

This

matter

is

before

the

Board

upon

the

complaint

of

the

Forest

Preserve

District

of

Dii

Page

County

Illinois

(District)

alleging violation of Rules 202 and 310(b) of Chapter 7:

Solid

Waste

and

Section 21(e) of the Illinois Environmental Protection

Act

(Act)

by E

& E Hauling Corporation

(E & E) at the H & S

sanitary landfill located at the Mallard Lake Recreational

Preserve in Bloo.ningdale and Lane Townships,

flu Page County,

Illinois.

Hearing

was

held in this matter on September 14,

1981.

No citizens attended the hearing and the Board

has

received no

public

comment

in

this

matter.

Subsequent

to

the

filing

of

this

action,

the

matter

became

the

subject

of

litigation

before

the

Circuit

Court

in

Dii

Page

County

and

the

United

States

District

Court

for

the

Northern

District

of

Illinois,

Eastern

Division.

The

Federal

Court

case

had

identical

parties

and

was

dismissed

by

stipulation

between

the

parties

on

July

17,

1981.

The

Circuit

Court

case

was

brought

by

the

People

of

the

State

of

Illinois

with

the

parties

herein

as

defendants

along

with

the

Illinois

Environmental

Protection

Agency.

The

Circuit

Court

case

was

settled

by

an

agreed

judgment

entered

June

12,

1981

with

the

Circuit

Court

retaining

jurisdic-

tion

to

enforce

the

provisions

of

the

judgment.

This matter

has

been

continued

generally

by

agreenent

of

the

parties

and

concur-

rence

of

the

Board

during

the

pendency

of

the

matter

before

the

45—85

---

Circuit Court

in Du Page County.

The parties now request bhat

~theBoard dismiss

this

cause with prejudice stating that the

agreed judgment entered in the case of Peo~leof the State of

Illinois v. E&EHauling,

Incg~oratedetal., 79 Ch. 240,

18th

Judicial

Circuit,

Du Page County,

Illinois

(July 12,

1981) ade-

quately disposes of the matters raised

in this proceeding before

the Board.

In addition, the parties state that the Illinois

Environmental Protection Agency has no objection to the dismissal

of this action.

Rule

202 of Chapter

7 and Section 21(e) of the Act prohibit

operation and disposal of waste

in a landfill,

without a permit

and Rule 310(b) of Chapter 7 provides that hazardous waste or

liquid waste and sludges may be accepted at a sanitary landfill

only if authorized by permit.

The agreed

judgment bans the

deposition of hazardous waste at the Mallard Lake landfill site

a~i’~1states a number of conditions concerning the collection and

disposition oE leachate from the site.

Other conditions addcess

the deposit of liquid or special wastes, the installation of

monitoring wells, responsibility for perpetual maintenance of

the leachate collection and monitoring systems, the general

configuration of final cover, collection and

flaring of landfill

gases,

inspection and sampling requirements, and the establishment

of an environmental responsibility fund with an initial contribu-

tion of at least $230,000 and subsequent total accumulation of

$2,000,000 to be used to pay liabilities imposed by the judgment

and other statutes and regulations relating to Forest Preserve

District landfills and to be maintained in perpetuity until

otherwise ordered by the Court.

The agreed judgment also contains

a paragraph disclaiming any intention to relieve any party of the

necessity of complying with all federal,

state and local laws and

requirements.

Upon review of the agreed judgment, the Board finds that

it

is a reasonable resolution of this action and adequately protects

the environmental interests of the State of Illinois.

The Board

shall therefore dismiss this case, Docket Number PCB 79—52, with

prejudice.

This Opinion constitutes the finding of facts and conclusions

of law of the Board

in this matter.

ORDER

It is the Order of the Pollution Control Board that Docket

Number PCB 79-52 be and is hereby dismissed with prejudice.

45—86

---

3

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Opinion and Order

was adopted on the ~ !~day of

~

~

,

1982

by a vote of~O

____

7/

7)

Christan

L. Moff~t, Clerk

Illinois Pollutron Control

Board

45—87