ILLINOIS POLLUTION CONTROL BOARD
    February
    15,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—112
    CITY OF MOUNT CARMEL,
    an Illinois
    Municipal Corporation,
    Respondent.
    MR. REED NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE
    COMPLAINANT.
    MR ROBERT N.
    KEENAN,
    JR., ATTORNEY AT LAW, APPEARED ON BEHALF OF
    THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    This matter comes before the Board upon a complaint filed
    April 20,
    1978 by the Environmental Protection Agency
    (Agency),
    The complaint alleges that Respondent owns a solid waste manage-
    ment site located within the Northeast Quarter of Section 22,
    Township
    1 North, Range
    12 West of the Second Principal Meridian
    in Wabash County, Illinois;
    that this site has been closed since
    on or about February
    1, 1977;
    and that Respondent has failed to
    place final cover at the site in violation of Rules
    301 and 305
    of the Chapter
    7: Solid Waste Regulations
    (Chapter
    7)
    and
    Sections 21(a)
    and 21(h)
    of the Environmental Protection Act
    (Act).
    A hearing was held on October 26,
    1978.
    At the hearing the parties stated they had agreed to a
    stipulated set of facts.
    These facts were then presented by
    statements from the attorneys for the parties.
    Exhibits were
    presented which included an earlier agreement between the parties
    (Jt.
    Ex.
    3); however, no written submission of the stipulated
    facts was made.
    The following facts were presented in statements made at
    the hearing and in the joint exhibits placed in evidence.
    Re-
    spondent operated or caused to be operated a solid waste manage-
    ment site on the property in cruestion from on or about December
    1,
    1971 to on or about January
    31, 1977
    (Jt.
    Ex.
    1 and 2).
    The site
    was operated under contract by Crawford County Disposal,
    Inc.
    (later assigned to Wabash County Disposal,
    Inc.).
    The site,
    32—531

    —2—
    approximately twenty acres, was purchased in 1972 by the City
    apparently with the recommendation of the Agency and the same
    year an operating permit was received
    in the City’s name
    (R.
    6).
    The Agency was concerned with operation of the site and a com-
    pliance conference was held in November 1976
    (R.
    7).
    Because
    of operational problems and especially ground water problems
    that had arisen
    it
    was agreed that the site should be closed.
    An agreement between the parties, Joint Exhibit 3, determined
    that no refuse would be accepted after January
    31,
    1977 and
    proper final cover would be placed by no later than April 30,
    1977.
    This agreement further provides that quarterly water
    monitoring reports were to be submitted to the Agency.
    These
    analyses were to be from both the east and the west wells.
    The
    Agency agreed to forbear from bringing an enforcement action
    based on an October 26,
    1976 notice upon the express condition
    that the City properly close the site as set out in the agreement.
    Refuse was no longer accepted after January 31,
    1977; how-
    ever, the City had trouble getting the contractor, Marvin Wilder,
    to comply with the agreement
    CR.
    8).
    In the summer of 1977 some
    covering was done by the City.
    Of the twenty acres at the site
    approximately thirteen have been used for landfill activities
    and require cover.
    The Agency estimates that there
    is an average
    of one foot of cover on the filled portions of the site
    (R.
    9).
    There are few areas of actual exposed refuse
    (R.
    9).
    The Agency
    estimates that fifteen thousand to twenty thousand cubic yards of
    cover material are needed at the site.
    The Mayor of Mount Carmel
    estimates
    if the cover material comes from the remainder of the
    site the cost could run as high
    as $25,000
    (R.
    10).
    If the
    material
    is brought in from outside the site the cost could
    triple
    (R.
    10).
    There is a monitoring well at the east end of the
    site from which the Agency has been getting regular reports, but
    reports from the west side of the site have been lacking
    (R.
    10).
    The City has been unable to enforce its contract for
    covering the site.
    The City sought the advice of
    a Farm Ex-
    tension Adviser
    (Adviser)
    for problems which might adversely
    affect crop protection
    (Ex.
    8).
    He recommended against taking
    the additional material from the other end of the site
    (R.
    13,
    14).
    The Adviser stated this would create a swamp at one end of the
    site an would not do that much for the other end which he feels
    is valuable farmland as
    is
    CR.
    14).
    The City has put the property
    out for bids, the highest of which was slightly in excess of
    $15,000
    (Jt. Ex.
    7).
    The City feels that further cover is not
    necessary and should not be required
    (R.
    22).
    While the City
    32—53 2

    —3—
    contends on the basis
    of bid values for the land for agricultural
    production and a “walk over” inspection by an agricultural ex-
    tension adviser that no further cover Is required, the Agency
    apparently brought this matter before the Board based on at
    least fifteen Agency inspections made during the period Jan-
    uary 14,
    1975
    to November 10, 1977
    (Jt.
    Ex.
    1, No.
    8).
    The
    Agency asks that cover be placed and that a performance bond be
    required
    (R.
    20).
    It is apparent in this case that the Respondent has been
    and is
    in violation of Rule 305(c)
    of Chapter
    7.
    Respondent
    is
    asking for a permanent variance concerning cover.
    This
    is not
    a proper proceeding for a variance.
    In addition, the Board has
    no authority to grant a permanent variance.
    Respondent has also
    failed to consider the leachate problem which can result in
    water pollution problems.
    The fact that the land is usable as
    farmland shows social and economic value; however,
    such a use
    does not automatically resolve all the pollution problems
    associated with a sanitary landfill and the potential for public
    injury.
    The Agency considered the site suitable when it granted
    a permit;
    however, the fact that the lower portion of the site
    would become swampy
    if cover material is removed indicates a
    high probability that the ground water would become polluted
    without adequate cover.
    There is no question that applying final
    cover is technically practicable.
    The Board has not been pre-
    sented with a great deal of economic information.
    Certainly the
    cost is not negligible; however,
    the fact that the City originally
    undertook operating or causing the operation of a sanitary land-
    fill indicates an ability to afford the costs accrued.
    The Board finds Respondent in violation of Rules 301 and
    305(c)
    of Chapter
    7 and Sections
    21(a)
    and 21(b)
    of the Act.
    The Board will require Respondent to place proper final cover
    as required by Rule 305(c) within 180 days of this Order.
    Respondent will be required to execute a performance bond of
    $25,000
    in a form satisfactory to the Agency.
    In light of the
    factors of Section 33(c)
    of the Act and the amount of money
    required to reach compliance the Board will not assess a penalty
    in this case.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    32—533

    —4—
    ORDER
    It is the Order of the Pollution Control Board
    that:
    1.
    The City of Mount Camel
    is found to be in violation
    of Rules
    301 and 305(c)
    of the Chapter
    7:
    Solid
    Waste Regulations and Sections
    21(a)
    and 21(b)
    of
    the Act.
    2.
    Respondent shall provide cover in compliance with
    Rule 305(c)
    of Chapter
    7 within 180 days of this
    Order.
    3.
    Respondent shall post a performance bond in the
    amount of $25,000 within thirty-five days of this
    Order in a form satisfactory to the Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois 62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    J~~’
    day of
    ~?ei5~/jti4~,’,
    1979 by a vote of
    •3—/)
    ~
    Christan L. Moffett,
    erk
    Illinois Pollution Control Board
    3 2—534

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