ILLINOIS POLLUTION CONTROL BOARD
    July
    22, l9~6
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 76—68
    BARRETT LANDFILL,
    INC., an
    )
    Illinois corporation,
    Respondent.
    Mr. Richard W. Cosby,
    Assistant Attorney General,
    appeared on behalf
    of Complainant
    Mr. Thomas Feehan,
    Thomas, Wallace, Feehan and Baron,
    Ltd.,
    appeared
    on behalf of Respondent
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the March
    5,
    1976 Complaint of the Environmental Protection
    Agency
    (Agency)
    alleging that Barrett Landfill,
    Inc.
    (Barrett) vio-
    lated Rules
    302 and 317 of the Board’s Solid Waste Regulations thus
    constituting a violation of 21(b)
    of the Environmental Protection
    Act
    (Act).
    More particularly, Respondent
    is
    charged
    with
    failure
    to comply with Condition No.
    5 of its operating permit which
    states:
    A quarterly ground water monitoring program is
    to be initiated and maintained as follows:
    (a)
    The Gilliland and Sontag wells are to be
    sampled and analyzed each quarter
    (January,
    April, July and October)
    for TDS, SO4
    ci.
    (sic)
    Results should be forwarded to this office.
    23—141
    —2—
    (b) Upon completion of trench #10, monitoring
    of shallow wells #1 through
    #4
    (for Fe, COD
    and TDS)
    should proceed on a rotational basis
    with well
    #1 sampled the first quarter, well
    #2 the second,
    etc.
    Rules
    302 and 317 of the Solid Waste Regulations
    state:
    Rule 302:
    Compliance with Permit
    All conditions and provisions of each
    permit
    shall
    be complied with.
    Rule 317:
    Operating Records
    Every holder of an operating permit shall submit
    to the Agency, Division of Land Pollution Control
    on or before the 15th day of January, April, July
    and October, the water monitoring data required by
    permit.
    A hearing was held May
    24, 1976
    in Joliet, Illinois.
    At that
    hearing, Barrett admits violating paragraph
    (a) of Condition No.
    5
    (R.6).
    However, trench #10
    is not completed and therefore para-
    graph
    (b) of Condition No.
    5 is not operative.
    Barrett operates a refuse disposal site located in Will County,
    Illinois..
    It received an operating permit on January
    7,
    1975.
    Barrett hired Geotech,
    Inc., an engineering
    firm,
    to perform the
    well monitoring.
    Geotech subcontracted the well monitoring to Arro
    Laboratories,
    Inc.
    (R.18-19).
    Although some reports were sent in
    early 1975,
    the data contained therein did not adequately identify
    the sources monitored
    (R.22—26).
    Barrett is currently operating in
    compliance with its permit conditions.
    The Board
    finds the violations as alleged except as
    to Section
    21(b) of the Act.
    Violations of permit conditions including the
    requirement of periodic reports constitute violations of Section
    21(e)
    rather than 21(b).
    Therefore that portion of the Complaint
    will be dismissed.
    While Respondent believed that
    the reports would be
    submitted by its sub-contractor, this does not relieve
    Respondent of its duty to strictly comply with permit condi-
    tions.
    The fact that Respondent is now in compliance demonstrates
    23
    —
    142
    —3—
    that compliance was technically practicable and economically
    reasonable.
    The purpose of the condition violated is to maintain
    surveillance upon contaminant levels
    in ground water underneath
    the fill to determine
    if leachate is entering the ground waters
    (R.ll).
    The social and economic value of the source is unquestioned;
    the degree of injury to the public welfare was slight.
    However,
    without monitoring,
    leachate could enter the ground water without
    the State’s knowledge and could cause considerable damage before
    it was noticed.
    In order to protect the integrity of the permit sys-
    tem a penalty of $250.00
    is appropriate.
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    ORDER
    It
    is the Order of the Board that:
    1.
    Barrett Landfill,
    Inc.,
    is found to have violated Rule
    302 and 317 of the Solid Waste Regulations and failed to
    comply with Condition 5(a)
    of its operating permit.
    2.
    Within
    35 days of the date of this Order Respondent
    shall pay as a penalty for said violations the sum of
    $250.00 by certified check or money order to:
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    The alleged violation of section 21(b)
    of the Act
    is
    dismissed.
    4.
    Respondent shall cease and desist from said violations.
    5.
    Respondent shall file with the Agency, within
    30 days
    of the date of this Order,
    a statement indicating which wells
    are being monitored as the East and West well respectively,
    with a copy of said statement being directed to its
    sub-contractor.
    23
    —
    143
    —4—
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order we e adopted on
    the
    ~
    day of
    ,
    1976 by a vote of
    Illinois Pollution
    23—144

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