ILLINOIS POLLUTION CONTROL BOARD
January
4,
1979
PEOPLE
OF
THE
STATE
OF
ILLINOIS
)
and
VILLAGE
OF
BUPNHAM,
Complainants,
v.
)
PCB 76—184
WASTE MANAGEMENT, INC.,
a Delaware
corporation, WASTE MANAGEMENT OF
ILLINOIS,
INC.,
a Delaware
corporation)
and CHEMICAL WASTE MANAGEMENT,
INC.,
)
a Delaware corporation,
)
Respondents.
MS. SUSAN SHUMWAY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE PEOPLE OF THE STATE OF ILLINOIS.
MR. RICHARD J. MATUGA, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
VILLAGE
OF
BUPNHAM.
PEDERSEN
& HOUPT, ATTORNEYS AT LAW
(MR. KENNETH
J.
GUMBINER,
OF
COUNSEL), APPEARED ON
BEHALF
OF THE RESPONDENTS.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
Waste Management,
Inc.
(“Waste,
Inc.”)
is a Delaware
corporation.
Waste
Management
of
Illinois,
Inc.
(“Waste
Illinois”)
is
also
a
Delaware corporation and is a wholly—owned subsidiary of
Waste,
Inc.
Chemical Waste Management,
Inc.
was,
until
December
31,
1976,
a Delaware corporation.
On December 31,
1976, Chemical Waste
Management was merged into Waste Illinois and since that time has
functioned as a division of that corporation.
Waste Illinois owns and operates a solid waste disposal site
known as C.I.D. Landfill
(hereinafter referred to as “CID Landfill”
or the “site”)
located at or near 138th Street and the Calumet
Expressway
in Cook County, Illinois.
This site
is operated for the
receipt and disposal of solid and
liquid
wastes.
It
is
operated
24 hours per day,
6 days per week,
52 weeks per year.
(Stipulation,
p.
2).
The site
is bounded on the south and east by the Little
Calumet River.
Across the Little Calumet River to the southeast of
the site is a residential area of the Village of Burnham.
Across
the Little Calumet River to the south of the site
is a residential
area of Calumet City,
and to the southwest of the site is a
32—323
—2—
residential area of the Village of Dolton.
The area to the north
and west of the site consists primarily of industrial and commercial
establishments.
Some commercial and industrial establishments are
also located to the south of the site.
(Stipulation,
p.
2-3).
On June 23, 1976, Complainant People of the State of Illinois
(“People”)
filed a Complaint against Waste, Inc.
On June 30,
1976,
the People filed a Motion to File Amended Complaint.
This motion
was granted and an Amended Complaint was filed on July
8, 1976.
On
July 16,
1976, the People filed a Motion to File Second Amended
Complaint.
The motion was granted and the Second Amended Complaint
was filed on July 22,
1976.
On September
3,
1976, the People filed
a Motion for Leave to File Third Amended Complaint.
The motion was
granted and the Third Amended Complaint was filed on September
30,
1976.
The Third Amended Complaint was brought by Complainant People
and Complainant Village of Burnham against Waste,
Inc., Waste Illinois,
and Chemical Waste Management,
Inc.
On May
6,
1977, Complainant People
filed a Motion for Leave to File Fourth Amended Complaint.
The
motion was granted and the Fourth Amended Complaint was filed on
May 12,
1977.
The Fourth Amended Complaint was brought by
Complainant People and Complainant Village of Burnharn against Waste,
Inc., Waste Illinois, and Chemical Waste Management,
Inc.
Count
I
alleged that Waste Illinois owned the site,
and that from April
1,
1975 until the date of filing of the Fourth Amended Complaint,
Waste,
Inc.
and Waste Illinois operated the site in such a manner
as to permit the discharge of contaminants,
as odors, from the site,
in sufficient quantity and of such characteristics and duration as
to unreasonably interfere with the enjoyment of life and property
of residents
in the area
in violation of Section 9(a)
of the
Illinois Environmental Protection Act
(“Act”)
and Rule 102 of
Chapter
2:
Air Pollution Control Regulations.
Count II alleged
that,
since April
1,
1975, and continuing each day of operation to
the date of filing of the Fourth Amended Complaint,
Respondents
operated the site in accordance with a plan which, when completed,
will cause the site to have an elevation between 620 and 660 fpet
above sea level; that this height will render the site useless for
any productive purposes and constitutes scenic blight,
contrary to
the policy announced in Section 20 of the Act;
and that the
excessive accumulation of refuse so as to create scenic blight is
in violation of Section 21(a)
of the Act.
Count III alleged that,
beginning on April
1, 1975 and continuing on each day until the
filing of the Fourth Ame’r~dedComplaint,
Respondents have accepted
and disposed of certain highly odoriferous chemical wastes at the
site in such a manner as to cause or allow the discharge of odors
from the site,
in sufficient quantities and of such characteristics
and duration as to unreasonably interfere with the enjoyment of
life and property of residents
in the area,
in violation of Section
9(a)
of the Act.
Count IV alleged that,
on or about December 25,
1976,
and continuing each day until the filing of the Fourth
32—324
—3—
Amended Complaint, Respondents failed to collect litter from the
site at the end of the working day and deposit
it in the fill and
compact and cover
it, or store it in a covered container,
in
violation of Rule 306 of Chapter
7:
Solid Waste Regulations.
A
hearing was held on November 14, 1978.
The parties filed a
Stipulation and Proposal for Settlement on November 14,
1978.
At all times pertinent
to this action, Waste Illinois has
owned and operated CID Landfill.
Waste, Inc. has neither owned
nor operated the site.
(Stipulation,
p.
7).
Waste Illinois
accepts and disposes of liquid, solid, and semi—solid wastes at
the facility.
Solid and semi-solid wastes are disposed of in the
operating face of CID Landfill.
Liquid wastes are disposed of
either by injection into several injection stations located away
from the operating face of the landfill or by application to solid
and semi-solid wastes disposed of in the working face.
The method
of disposal of the liquid wastes depends upon the characteristics
of each individual waste.
The Attorney General’s Office and the Illinois Environmental
Protection Agency have received a number of complaints of odors
being emitted from CID Landfill since April
1,
1975.
Complainant
represents that,
were a hearing to be held in this action,
Complainant would present testimony of:
(1)
at least twenty
persons residing in the vicinity of the site,
in Dolton,
Burnharn,
and/or Calumet City,
who would testify in substance that on
numerous occasions since April
1, 1975,
they have observed odors
of an objectionable nature emanating from CID Landfill;
that the
odors have on occasion caused headaches and a feeling of nausea;
that the odors occasionally compel residents, during warm weather,
to curtail outdoor activities,
to forego the use of their property,
and to go indoors and close the windows
to avoid the objectionable
odors; and
(2)
several employees of the Agency who would testify,
in substance,
that on at least two occasions they have detected
odors in residential areas near CID Landfill and have traced those
odors to CID Landfill.
(Stipulation,
p.
8—9).
Complainant contends that the foregoing facts establish that
CID Landfill has, on numerous occasions since April
1,
1975,
emitted odors which have unreasonably interfered with the health
of and enjoyment of property by citizens residing near the site,
in violation of Section
9(a)
of the Act.
Waste Illinois does not
admit these violations.
However, as a basis for settlement only,
Waste Illinois offers no evidence to refute Complainant’s
contention.
(Stipulation,
p.
9).
Waste Illinois does not admit
that
it
is the cause or source of the odors complained of by area
residents.
However, the parties agree that there are several
potential sources of odor emissions at CID Landfill:
(1)
Liquid
and semi—solid material while on trucks or while being unloaded;
(2) Migration of landfill gas through the clay cover over the
32—325
—4--
landfill; and
(3)
Escape of landfill gas through extinguished
flares.
(Stipulation,
p.
9).
The parties agree that the odor
detection and abatement program set forth in the Compliance
Program can be expected to minimize or prevent odors from escaping
from CID Landfill.
Additionally, Complainant represents that if a hearing were
held in this matter, Complainant would present the testimony of at
least one citizen and the Chief of Police of Burnham who would
testify that,
on several occasions
in December,
1976 and January,
1977, they observed litter blowing from CID Landfill into neighbor-
ing communities,
and that the litter was not collected for a period
of several days on each occasion.
Complainant contends that the
above facts establish that Waste Illinois has violated Rule 306 of
the Board’s Solid Waste Regulations.
Waste Illinois does not admit
the violations, but as a basis for settlement,
offers no evidence
in rebuttal.
(Stipulation,
p. 9—10).
The proposed settlement agreement provides for an extremely
detailed Compliance Program.
The initial cost of the Compliance
Program
(including revenue lost from the restrictions to which
Waste Illinois has voluntarily submitted)
is estimated
to be in
excess of $1,000,000.00
.
Additional cost is involved in operating
the Compliance Program on a day—to—day basis, and that cost is
estimated to be
in excess of $100,000.00 per year.
(Stipulation,
p.
22).
The parties have agreed that:
(1)
In order to beautify the site, the completed slopes along
the banks of the Little Calumet River have been in part and will be
graded, covered,
and seeded with grass and ground cover by June
1,
1979.
Shrubs and trees will be planted to beautify the view of the
site from the east.
Planting of shrubs and trees will proceed as
expeditiously as possible within the limitations imposed by the
planting seasons, and will be completed by June
1, 1980.
(2)
To further protect against litter blowing off the site,
six additional wind-screens have been purchased in addition to the
four existing screens, and currently are and will be positioned
downwind of the active landfill face.
In addition,
a low area will
be maintained for use as the landfill face during periods of high
winds.
(3)
In order to restrict the height of CID Landfill, Waste
Illinois agrees that no more decomposable waste will be placed on
the part of the site which
is located within the Village of Burnham,
even though additional height has been permitted in that area by
the Agency.
No non—decomposable waste shall be placed on the
portion of the site located within the Village of Burnham unless
such additional placement of waste
is necessary to maintain
32—326
—5--
existing grade and contour.
Waste Illinois agrees to give written
notice
(including a topographic survey)
to the Village of Burnham
and the Attorney General’s Office
of any proposed deposition of
non-decomposable waste in Burnham at least
60
days before such
waste is deposited.
(Stipulation,
p.
20).
(4)
Waste Illinois agrees to promptly install and maintain a
specified odor prevention program at the site:
a.
To aid in detecting potential odors before they are
distinguishable olfactorily,
a combustible gas detector
(such as that manufactured by Mine Safety Appliances
Co.)
will be purchased and used;
b.
Four stations,
as well as all injection stations at
the site, will be monitored daily for odors by the field
superintendent.
Monitoring shall be by visual and
olfactory observation, and the combustible gas detector
shall be operated at each inspection point daily;
c.
Waste Illinois shall maintain
a complete and accurate
record of each inspection on a special form;
d.
In the event that odors are observed by the field
superintendent which are of such intensity as to be
potentially detectable at the boundaries of the site, the
appropriate corrective measures shall be taken to rectify
the situation (these measures are specified and detailed
in the Stipulation);
e.
A complete record of all oral and written odor
complaints received by CID Landfill shall be maintained
by Waste
Illinois;
f.
In order to prevent odor incidents from the disposal
of liquid or semi—solid wastes, Waste Illinois will
implement
a specified program to determine,
in advance
of disposal, whether wastes proposed for disposal are
potential sources of odor
(including prior sampling of
any new liquid or semi—solid wastes, chemical tests, etc.);
g.
Each container arriving for disposal at CID Landfill,
except those to be disposed of by direct unopened burial
of the container,
will be opened and monitored for
offensive odors that might be strong enough to diffuse
beyond the boundaries of the site at a detectable
level,
considering all factors relevant to odor emissions
including,but not limited to, the disposal technique
planned and the quantity of the waste.
If such an odor
32—32
7
—6—
is discovered,
the container will either be rejected and
the waste stream declared unacceptable for future
disposal, or specified procedures will be followed to
eliminate such odors;
h.
Waste Illinois has entered into a contract with
Reserve Synthetic Fuels,
Inc. to proceed with a landfill
gas recovery and processing facility,
to be installed at
CID.
This facility is expected to minimize odors that
may be associated with landfill gas emissions.
Landfill
gases will be collected by a system of network piping,
and the gases so collected will then be processed to
remove the impurities such as water,
carbon dioxide, and
heavier hydrocarbons from the methane gas.
It is
proposed that the remaining methane then be piped to a
utility company pipeline for use as a fuel.
At least three
days prior to the start-up of the facility, Waste Illinois
shall notify the Attorney General’s Office of the date and
time of start-up.
Waste Illinois and/or Reserve Synthetic
Fuels,
Inc.
shall apply for and obtain all necessary
permits from the Agency;
and
i.
Four flares have been installed and will be maintained
on top of the completed portion of the landfill to burn
off the combustible gases and odors generated by the waste
deposited at the site.
Waste Illinois shall install
additional collection pipes or flares as required if
odorous landfill gases are detected at the property line
of the site at any time.
Waste Illinois may discontinue
the use of all flares after the gas recovery project is
in full operation and continuous service,
if no odorous
landfill gases are detectable at the property line of the
site.
(5)
Waste,
Inc.
and Chemical Waste shall be dismissed as
Respondents upon approval of the Stipulation by the Board.
(6)
All records and documents required to be maintained and
preserved by Waste Illinois shall be available for inspection and
copying by authorized representatives of the Attorney General’s
Office and of the Agency.
(7)
Waste Illinois shall pay a stipulated penalty of $1,500.00
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances
in light of the specific criteria delineated in Section
33(c)
of the Act.
Incinerator,
Inc.
v. Illinois Pollution Control
Board,
59 Ill.
2d 290,
319 N.E.
2d 794
(1974).
Accordingly, the
32—328
—7—
Board accepts the Stipulation and Proposal for Settlement and finds
that Waste Management of Illinois,
Inc.
has violated Rule 102 of
Chapter
2:
Air Pollution Control Regulations and Rule 306 of
Chapter
7:
Solid Waste Regulations and Section 9(a)
and Section
21(a)
of the Illinois Environmental Protection Act.
The Board
hereby dismisses Waste Management,
Inc.
and Chemical Waste
Management,
Inc.
as Respondents
in this action.
Additionally,
the
Board imposes the stipulated penalty of $1,500.00 against the
remaining Respondent, Waste Management of Illinois,
Incorporated.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
Waste Management of Illinois,
Inc.
has violated Rule 102
of Chapter
2:
Air Pollution Control Regulations and Rule 306 of
Chapter
7:
Solid Waste Regulations and Section
9(a)
and Section
21(a)
of the Illinois Environmental Protection Act.
2.
Within
35 days of the date of this Order, Waste Management
of Illinois,
Inc.
shall pay the stipulated penalty of $1,500.00
payment to be made by certified check or money order
to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
Waste Management of Illinois,
Inc.
shall comply with all
the terms and conditions of the Stipulation and Proposal for
Settlement filed November 14, 1978, which
is incorporated by
reference as if fully set forth herein.
4.
Chemical Waste Management,
Inc.
and Waste Management,
Inc.
are hereby dismissed as Respondents
in this action.
Mr. Goodman abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
WI”
day of
________________,
1979 by a
vote of
.2-tb
Christari L. Moffe
,
lerk
Illinois Pollution
ntrol Board
32—329