ILLINOIS POLLUTION CONTROL BOARD
    October
    8,
    1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 77—322
    )
    CITY OF WAUKEGAN,
    a municipal
    )
    corporation, and WAUKEGAN UNIT
    )
    SCHOOL DISTRICT #60,
    )
    )
    Respondents.
    )
    MR. WILLIAM
    E. BLAKNEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    DIVER,
    BOLLMAN, GRACH & QUADE, ATTORNEYS AT LAW (MR. THOMAS W.
    DIVER,
    OF COUNSEL), APPEARED ON BEHALF OF THE CITY OF WAUKEGAN.
    LONCHAR, NORDIGAN & RADOSEVICH, ATTORNEYS AT LAW (MR. DONALD
    74.
    LONCHAR, JR., OF COUNSEL), APPEARED ON BEHALF OF THE WAUKEGAN
    UNIT SCHOOL DISTRICT #60.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the December 5,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    from October 9, 1973
    until December 5,
    1977, the Respondents failed to place the necessary
    final cover over portions of the refuse disposal site (“site”) owned
    by the Waukegan Unit School District #60
    (“District”) and operated
    by the City of Waukegan (“City”), thereby violating Rule 305(c) of
    Chapter
    7:
    Solid Waste Regulations
    (“Chapter 7”) and Section 21(b)
    of the Illinois Environmental Protection Act (“Act”).
    Count II alleged that,
    from September 24,
    1975 until December 5,
    1977,
    the Respondents allowed the open dumping of refuse without
    having an Operating Permit for the site in violation of Rule 202(b)(1)
    of Chapter 7 and Sections 21(b) and 21(e) of the Act.
    Count III alleged that,
    from October 9,
    1973 until December 5,
    1977,
    leachate from the site entered Yeoman Creek resulting in
    turbidity and unnatural color in violation of Rule 203(a) of
    Chapter 3:
    Water Pollution Control Regulations (“Chapter 3”) and
    Section 12(a) of the Act.
    43—435
    —2—
    Count IV alleged that,
    on various specified occasions between
    September
    26,
    1973 and December
    5,
    1977, the Respondents allowed
    the level of ammonia in Yeoman Creek to exceed applicable
    limits in
    violation of Rule 302(f)
    of Chapter
    3 and Section 12(a) of the Act.
    Count V alleged that,
    intermittently from September 26,
    1973
    until December
    5,
    1977,
    the Respondents allowed the level of iron
    in Yeoman Creek to exceen permissible levels in violation of
    Rule 203(f)
    of Chapter
    3
    and
    Section 12(a) of the Act.
    Count VI alleged that,
    from October
    9,
    1973 until December
    5,
    1977,
    the Respondents operated their sanitary landfill
    in such a
    manner
    as to cause water pollution by allowing leachate from the site
    to flow into Yeoman Creek in violation of Rule 313 of Chapter
    7 and
    Section 21(b)
    of the Act.
    Count VII alleged that the Respondents failed to operate their
    site in such
    a manner
    as
    to prevenb the contaminants deposited
    on
    the land from creating a water pollution hazard in violation of
    Section 12(d) of the Act.
    On November
    29,
    1979,
    the Board entered an Order which attempted
    to expedite activity
    in this
    case.
    On March
    6,
    1980,
    the City
    filed
    a Motion to Dismiss Proceedings.
    On April
    3,
    1980,
    the Board granted
    the City’s Motion to Dismiss.
    On May
    8,
    1980,
    the Agency filed a
    Motion to Reinstate this action.
    This motion was granted by the
    Board on May
    29,
    1980.
    A
    hearing
    was
    held
    on
    February
    5,
    1981.
    On
    June
    25,
    1981,
    the
    Board
    entered
    an
    Order
    which
    mandated
    that
    the
    parties
    file
    an
    executed
    copy
    of
    the
    proposed
    Stipulation.
    The
    parties
    filed
    a
    signed
    copy
    of
    the
    Stipulation
    and
    Proposal
    for
    Settlement,
    which
    was
    substantially
    identical
    to
    ~the
    proposed
    agreement
    which
    was
    discussed at the hearing,
    on
    July
    27,
    1981.
    The
    Waukegan
    Unit
    School
    District
    ~60
    owns
    a
    refuse
    disposal
    site
    of
    approximately
    13.76
    acres
    which
    is
    locat&I
    east
    of
    Lewis
    Avenue
    between
    Buck
    and
    Sunset
    Avenues
    in
    the
    City
    of
    Waukegan,
    Lake
    County,
    Illinois.
    Yeoman
    Creek,
    an
    Illinois
    water,
    flows
    through
    the
    site.
    This
    property,
    which
    has
    not
    been
    act~v~ly
    used
    as
    a
    landfill
    since
    1969,
    is controlled, operated,
    and managed by the
    City
    of
    Waukegan.
    On
    July
    30,
    1973,
    the
    site
    was
    officially
    closed.
    (Stip.
    2).
    Agency inspections conducted after July
    30,
    1973 indicated that
    there were various problems pertaining to a lack of final cover and
    leachate from the site entering Yeoman Creek.
    (See: Exhibit
    7k).
    On February 23,
    1977, Bauer Engineering, Inca completed its study
    pertaining to the problems at the site and made various recoi~meiidations
    to the Respondents regarding the correction of existing problems.
    (See: Exhibit B).
    Over
    a period of time, these recommendations were
    implemented.
    43—436
    —3—
    Between
    1979
    and
    1980,
    the
    Respondents:
    (1)
    completed
    their
    program of applying adequate final cover to the site;
    (2)
    installed
    a fence with gates and locks to restrict access to the property;
    (3)
    posted signs near all access points to indicate that random
    dumping
    is in violation of a local ordinance,
    and
    (4) installed
    a
    retention
    berm,
    along
    the
    area
    of
    the
    property
    directly
    bordering
    Yeoman Creek, to prevent any flow of
    le~c’hate from
    the
    site
    into
    Ye~nanCreek.
    (Stip.
    3).
    Additionally, to aid in the prevention of erosion, the Respondents
    have agreed to complete the application
    of
    seeding to the surface of
    the
    site
    by
    November 1,
    1981.
    (Stip.
    4).
    Moreover,
    a careful
    monitoring program of Yeoman Creek will be implemented to sample and
    analyze,
    on a quarterly basis, the water quality and sediment levels
    at
    various
    specified points.
    (Stip.
    4).
    The
    proposed
    settlement
    agreement
    provides
    that
    the
    Respondents
    shall:
    (1)
    promptly
    complete
    the
    seeding
    of
    the
    site;
    (2)
    i.r~pleirient
    a
    detailed
    monitoring
    program
    of Yeoman Creek
    (which
    includes
    measurement
    of
    the
    levels
    of chloride,
    iron,
    ammonia, total dissolved
    solids,
    COD,
    and
    PCB)
    and
    submit
    the
    results
    of the
    monitoring
    to
    the
    Agency
    every
    3
    months
    for
    a
    period
    of
    3
    years,
    and
    (3)
    pay
    a
    stipulated
    penalty of $1,000.00
    .
    (Stip.
    4).
    In evaluating this enforcement action and proposed settlement
    agreement, the Board has taken into consideration all the facts and
    circumstances in light of the specific criteria delineated in
    Section 33(c) of the Act.
    The Board finds the settlement agreement
    acceptable under Procedural Rule 331 and Section 33(c) of the Act.
    Accordingly, the Board finds that the Respondents, the City of
    Waukegan and the Waukegan Unit School District #60, have violated
    Rules 203(a),
    203(f), and 512(a) of Chapter
    3:
    Water Pollution
    Control Regulations;
    Rules 202(b)(1), 305(c), and 313 of Chapter 7:
    Solid Waste Regulations,
    and Sections 12(a),
    12(d),
    21(b), and 21(e)
    of the Illinois Environmental Protection Act,
    The Respondents
    will.
    he
    ordered to pay the stipulated penalty of $1,000.00
    This Opinion constiti’es t’~eBoard’s findings of fact and
    conclusions of law in ths matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1,
    The Respondents, the City of Waukegan and the Waukegan Unit
    School District #60, have violated Rules 203(a),
    203(f),
    and 512(a)
    of Chapter
    3:
    Water Pollution Control Regulations;
    Rules 202(b) (1),
    305(c), and 313 of Chapter 7:
    Solid Waste Regulations, and
    Sections 12(a),
    12(d),
    21(b), and 21(e) of the Illinois Environmental
    Protection Act.
    43—4 37
    —4—
    2.
    Within 45 days of the date of this Order, the Respondents
    shall, by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $1,000.00 which is to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    The Respondents
    shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    July 27,
    1981, which is incorporated by reference as if fully set
    forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that~the above Opinion and Order were adopted
    on
    the
    ~
    day of
    ~
    ,
    1981 by a vote of
    S~-o.
    Illinois Pollution
    Board
    43—438

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