ILLINOIS POLLUTION CONTROL BOARD
July
16,
1987
IN THE MATTER OF:
AC 87—51
ELMHURST CHICAGO STONE COMPANY
)
(87 C D
215)
Respondent.
ORDER OF THE BOARD:
This matter comes before
the
Board upon
a June
9,
1987 filing
of
an Administrative Citation pursuant
to Section 31.1 of the
Illinois Environmental Protection Act (Act)
by the County
of
DuPage.
A copy of that Administrative Citation
is attached
hereto.
Service
of the Administrative Citation was made upon
Elmhurst Chicago Stone on June 9,
1987.
The County of DuPage
alleges that Elmhurst Chicago Stone has violated Sections
2l(p)(7) and 21(p)(9) of the Act.
The statutory penalty
established
for each of these violations
is $500.00 pursuant
to
Section 42(b)(4)
of the Act.
Elrnhurst Chicago Stone
has not filed
a Petition for Review
with the Clerk of the Board within 35 days of the date of service
as allowed
by Section 31.1(d)(2)
of the Act.
Therefore,
pursuant
to Section 31.l(d)(l),
the Board
finds that Elmhurst Chicago
Stone has violated each and every provision alleged
in the
Administrative Citation.
Since there are two
(2) such
violations,
the total penalty to
be
imposed
is
set at $1,000.00.
It is hereby ordered that, unless the penalty has already
been paid,
within
30 days
of the date
of this Order Elmhurst
Chicago Stone shall,
by certified check or money order payable
to
the County of DuPage, pay
a penalty in the amount
of $1000.00,
which
is
to be sent
to:
Steven
K. Dunn
Environmental Control Manager
DuPage County Department of
Public Works
421 North County Farm Road
Wheaton,
Illinois
60187
IT IS SO ORDERED.
79-191
—2—
I, Dorothy
M.
Gunn, Clerk of
the Illinois Pollution Control
Board,
hereby cert
y that the above Order was adopted on the
/~‘~day of
,
1987
by a vote of_________________
/
•
Dorothy M.
G
n, Clerk
Illinois Pollution Control Board
79-192
©
STATE OF ILLINOIS
COUNTY OF
DUPAGE
_____________
____I
ADMINISTRATIVE
CITATION
People
of
the
State
of
Illinois
Petitioner,
)
87CD215
v.
Elmhurst-Chicago Stone Company
)
-PCfr-Docket No.
f7~’
Respondent.
JURISDICTION
This Administrative Citation
is
issued pursuant to the
authority
vested
in
the
Illinois
Environmental Protection
Agency by Public Act
84—1320
(Iii.
Rev.
Stat.
1986,
Supp.,
ch.
111 1/2, par.
1031.1.), and delegated to DuPage
County pursuant to Ill. Rev.
Stat.
1986, Supp.,
ch.
111 1/2,
par.
1004(r)
FACTS
1.
That Respondent, Elmhurst Chicago Stone Company
is
the present operator of a facility located in the County of
DuPage, State of Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating under Illinois Environmental Protection
Agency Developmental Permit
No.
1980-3-DE and Supplemental
Permit
1980-2990,
and
designated
with
Site
Code
No.
0430350002.
Said
facility
is
commonly
known
to
the Agency
as Elmhurst—Chicago Stone Quarry.
79-193
3.
That Respondent has operated said facility at all
times pertinent hereto.
4.
That
on
April
16,
1987,
Steven
K.
Dunn,
of
the
County
of
DuPage,
inspected
the
above-described
landfill
facility.
A copy of the Inspection Report setting forth the
results of such inspection is attached hereto and made a
part hereof.
VIOLATIONS
On
the basis of
direct observation of Steven
K.
Dunn,
the
County
of
DuPage
has
determined
that
Respondent
was
conducting
a
sanitary
landfill
operation
at
the
above—described
facility, which is required to have a permit
pursuant to Ill.
Rev. Stat.
1985, ch.
111 1/2,
par. 1021(d),
in a manner which resulted in the following conditions:
1)
The
operation
of
a
landfill
site
and
the
acceptance
of wastes without necessary operating permits
in
violation of Ill.Rev.Stat. (1985),
ch.
111
1/2,
par.
1021(p)
(7)
2)
The
deposit
of
refuse
in
an
unpermitted
portion of the landfill in violation of Ill.Rev.Stat. (1985),
ch.
111 1/2, par.
1021(p) (9).
CIVIL PENALTY
Pursuant
to Public Act 84-1320
(Ill.
Rev.
Stat.
1986,
Supp.,
ch.
111
1/2,
par.
1042(b) (4),
Respondent
herein
is
subject to
a civil penalty of Five Hundred Dollars
($500.00)
2
79-194
for each violation specified above in Paragraphs
1)
and
2),
for a total of one thousand and zero/00
($1,000.00) dollars.
Additionally,
should
you
elect
to
petition
the
Illinois
Pollution Control Board under
the review process described
hereinbelow,
and
if
there
is
a
finding
of
the
violations
alleged herein,
after an adjudicatory hearing, you shall be
assessed
the
associated
hearing
costs
incurred
by
the
Illinois Pollution Control
Board,
in addition
to
the Five
Hundred Dollar
($500.00)
statutory penalty for each finding
of violation.
If
you
acknowledge
the violations
cited
hereinabove,
the civil penalty specified above
shall
be due and payable
no
later
than July
23,
1987.
If you do not
petition the
Illinois
Pollution
Control
Board
for
review
of
this
Administrative
Citation
within
thirty—five
(35)
days
of
service
hereof
or
if
you
elect
to
contest
this
Administrative Citation,
any judgment
rendered against you
shall
specify
the
due
date of the
statutory
civil penalty
and any costs assessed against you.
When payment is made, your check should be made payable
to
The
County
of
DuPage
and mailed
to
The
DuPage
County
Department
of
Public
Works,
Attention:
Steven
K.
Dunn,
Environmental Control Manager,
421 North County
Farm
Road,
Wheaton, Illinois 60187.
If
any
civil
penalty,
by
reason
of
acknowledgment,
default
or
finding after
adjudicatory hearing,
is
not paid
when due, the Illinois Environmental Protection Agency shall
79-195
3
take
into
consideration
such
failure
to
pay
during
any
permit review process upon your application for a new permit
or
for
renewal
of
an
existing
permit.
Furthermore,
if
payment
is not received when due, the DuPage County State’s
Attorney
may
initiate
proceedings
in
Circuit
Court
to
collect said
civil penalty.
In addition to the previously
assessed
civil
penalty
and
hearing
costs
of
the
Illinois
Pollution Control Board, if any, the State’s Attorney’s
office will seek to recover its costs of litigation.
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
You
have
the
right
to
contest
this
Administrative
Citation.
See
Public
Act
84-1320
(Ill.Rev.Stat.
1986,
Supp.,
ch.
111
1/2,
par.
1031.1).
If you elect
to contest
this Administrative Citation, you must file
a Petition for
Review
with
the
Clerk
of
the
Illinois
Pollution
Control
Board.
A copy of
the Petition
for Review
should be
filed
with the DuPage County State’s Attorney,
attention:
Gretta
Taineling,
at
207
South
Reber
Street,
Wheaton,
Illinois
60187.
Such
Petition
for
Review
must
be
filed
within
thirty-five
(35)
days
of
the
date
of
service
of
this
Administrative
Citation,
or
a
default
judgment
shall
be
entered by the Pollution Control Board.
The Petition for
Review may be filed with the Clerk of the Illinois Pollution
Control
Board
at
the
State
of
Illinois
Center,
100
West
Randolph, Suite 11-500,
Chicago,
Illinois 60601;
and, a copy
4
79-196
of said Petition
for Review filed with the State’s Attorney
at
207 South Reber Street, Wheaton, Illinois 60187.
G~U~AMth2~M~,
A
istant State’s Attorn
Date:
__________
5
79-197
STATE OF ILLINOIS
1LI~~
~
COUNTY OF DUPAGE
J
People of the State of Illinois
)
Petitioner,
)
~
f~-.r/
v.
)
87CD215
Elitthurst Chicago Stone Company,
)
)
Respondent.
AFFIDAVIT
Affiant,
Steven
K.
Dunn,
being
first
duly
sworn,
voluntarily deposes and states as follows:
1.
Affiant
is
a
field
inspector
employed
by
the
County
of
DuPage
and
has
been
so
employed
at
all
times
pertinent hereto.
2.
On
April
16,
1987,
between
11:25
a.m.
and
12:10
p.m.,
Affiant
conducted
an
inspection
of
the
sanitary
landfill
in DuPage
County,
Illinois,
known
as
the Elmhurst
Chicago
Stone
Quarry,
Illinois
Environmental
Protection
Agency
Site
No.
0430350002,
operating
under
IEPA
Developmental Permit
No.
1980-3-DE
and Supplemental Permit
1980—2990.
3.
Affiant
inspected
said
Elinhurst
Chicago
Stone
Quarry landfill site by an on-site inspection which included
walking the site and interviewing personnel.
4.
Before and after said inspection of
said landfill
site,
Affiant
reviewed
Illinois
Environmental
Protection
Agency permits
issued
to
the subject site
and
investigated
79-198
whether
or
not
required
documents
were
timely
filed
on
behalf of the subject site.
5.
As
a
result
of
the
activities
referred
to
in
Paragraphs
3
and
4
above,
Affiant completed the Inspection
Report Form attached hereto and made
a part hereof,
which,
to
the
best
of
Affiant’s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’s
observations
and
factual
conclusions
with
respect
to
the
Elmhurst
Chicago
Stone Quarry Landfill.
~~7’
~
STEVN K. DI3~N,
Environmental Control Manager
For DuPage County
Date:
~
~‘
79.199
2
STATE
OF
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
INSPECTION
REPORT
—~
f?•~r/
County
tcL~
Site
Code
~
Facility
~
Region
a
Date
A~\
~
Time:
From
~
To
jj~~rn
Photos
Taken:
Yes
(#
it
)
No
(
)
-
‘
-
~
~
Site
Open:
Yes
(y’~i
No
(
)
Inspector(s)
~*e~.Je~
~
i
~
P.
~
Samples Taken: Yes
(#
)
No
(v’l
Groundwater
(#
)
Surface
(#
)
Other
(#
)
Interviewed ~
Weather ~o?_z.~.4.Facility Phone No.
~
Previous Inspection ~
Previous Corfespondence
6.j~
~
OPERATIONAL
STATUS:
TYPE
OF
OPERATION:
AUTHORIZATION:
Operating
(4~
Sanitary
Landfill
(4
EPA OP Permit
No.
____________
Temporarily
Closed
(
)
Special
Waste
Landfill
(
)
EPA
DE
Permit
No.
~
Closed
not
Covered
(
)
Quantity Received Daily
Other
~
~c~o-~cqp
Closed
and
Covered
(
)
(1-6)
___________________
None
________________________
SITE
OBSERVATION
Failure to comply with the terms and conditions of permit(s)
~
0
~S
~.øk
i....
~
~
~
~
(Section 807.302 of the Regulations)
Failure to deposit refuse in the toe of the fill or into the bottom of the
trench (Sectian8O7.303(a)of theRegulations)
Inadequate spreading and compacting (Section 807.303(b) of the Regulations)
Failure to maintain the proper ratio of the slope of the working face
(Section 807.303(c) of the Regulations)
Insufficient operable equipment
(
); personnel
(
);
supervision
(
)
available
to comply with the permit, the Act or the Regulations
(Section 807.304 of the Regulations)
Uncovered refuse remaining from any previous operating day or at the
conclusion
of any operating day (Section 21(p)(5) of the Act)
Inadequate depth of daily cover (Section 807.305(a)
of the Regulations)
Inadequate depth of intermediate cover
(Section 807.305(b)
of the Regulations)
/
1.
)C.
2.
)(
3.
4.
5.
6.*______
7.
8.
______
79.200
Inadequate
depth
of final
cover
(Section
807.305(c)
of
the
Regulations)
...
9.
______
Failure
to provide final
cover within
time limits established by Board
Regulations
(Section 21(p)(6) of the Act and Section 807.305(c) of the Regulations)
...
1O.~______
Failure to collect and contain litter from the site by the end of each
operating
day
(Section 21(p)(12) of the Act and Section 807.306 of
the
Regulations)
.....
11.~______
Causing or allowing salvaging:
in an unsanitary manner
(
); in an area
not remote from the operating face
(
);
which interferes with or
otherwise delays the operation of the landfill
(
); without removing
salvaged materials daily or separating such materials by type and
storage so as to create
a nuisance, vector harborage or unsightly
appearance
(
)
(Section 807.307 of the Regulations)
12.
______
Causing or allowing scavenging operations
(Section 21(p)(8) of the Act and Section 807.308 of the Regulations)
13.*______
Causing or allowing feeding of farm
or domestic animals upon
the
site of the sanitary landfill or with refuse delivered
thereto
(Section 807.309 of the Regulations)
14.
______
Improper deposit, acceptance
or handling of burning material
at
a
sanitary
landfill
site
(Section
807.310(a)
of
the
Regulations)
15.
______
Acceptance of wastes without necessary permits
(Section 2l(p)(7)
of the Act and Section 807.310(b)
of
the Regulations)
...
16.~______
Open
burning of refuse
in violation of: Section 9 of the Act
(
);
Section 807.311 of the Regulations
(
)
(Section 21(p)(4) of the Act)
______
Causing or allowing the operation of
a sanitary landfill so as to cause
or threaten or allow the emission of contaminants so as to cause
or
tend
to cause air pollution
in Illinois
(Section 9(a)
of the Act and Section 807.312 of the Regulations)
.
18.
______
Causing or allowing the operation of a sanitary landfill so as
to cause
or threaten or allow the discharge of any contaminants so as to cause
water pollution in
Illinois
(Section
12(a)
of the Act and Section 807.313 of the Regulations)
19.
—~
Conducting
a
sanitary
landfill operation
in a manner which results in
leachate flow entering Waters of the State (Section
21(p)(2) of the
Act and Sections 807.313 and 807.314(e) of the Regulations)
20.*______
Conducting
a sanitary landffll operation
in a manner which results
in
leachate flows
exiting the landfill confines
(Section 21(p)(3) of the
Act and
Sections 807.313 and 807.314(e) of the Regulations)
21.*______
-2-
79-201
Inadequate:
shelter
(
); sanitary facilities
(
); emergency con~nuni—
cations
(
)
for employees
(Section 807.314(a)
of the Regulations)
22.
______
Inadequate
roads within the site (Section 807.314(b) of the Regulations)
..
23.
______
Inadequate
control of access to site
(Section8o7.314(c)oftheRegulations)
24.
____
Inadequate measures for
fire
protection
(Section8O7.3.4(d)oftheRegulations)
25.
____
Inadequate measures to monitor and control
leachate
(Section 807.314(e)
of the Regulations)
26.
______
Inadequate measures
to control:
dust
(
);
vectors
(
)
(Section 807.314(f)
of the Regulations)
27.
______
Failure to have
an operational
safety program approved by the Agency
(Section 807.314(g) of the Regulations)
28.
______
Inadequate provision for concealing sanitary landfill operations from
public view (Section 807.314(h) of the Regulations)
29.
______
Causing or allowing development or operation
of a sanitary landfill with-
out having proven
to the Agency’s satisfication that no damage or hazard
will
result to Waters of the State
(Section 807.315 of the Regulations)
...
30.
)(
Failure to monitor: gas
C
); water
(
);
settling
(
)
after the site
is
completed or closed (Section 807.318(a) of the Regulations)
31.
______
Failure to take necessary remedial
action
to abate
any gas
(
);
water
C
);
settling
(
)
problems after the
site
is completed or closed
(Section 807.318(b)
of the Regulations)
32.
______
Failure
to properly file a detailed description of the site upon completion
or closure of the site
(Section 807.318(c) of
the Regulations)
33.
______
Refuse in standing or flowing water (Section 21(p)(I) of the Act)
34•*_____
Deposition of refuse
in any unpermitted portion of the landfill
(Section 21(p)(9)
of the Act)
35*
;;(
Acceptance of
special waste without a required manifest
(Section 21(p)(10) of the Act)
36.*______
Failure to submit reports required by permits or Board Regulations
(Section 21(p)(11)
of the Act)
37~*______
Acceptance of
special waste for
disposal, storage
or treatment from
a
waste hauler
that
does not have
a valid special
waste hauling permit
(Section 809.302(a) of the Regulations)
38.
______
—3—
79-202
Acceptance
of
special
waste
for
disposal,
storage
or
treatment
from
a—
waste
hauler that
did
not
present
a
signed
manifest
which
designated
the receiver’s facility as a destination for the special waste
(Section 809.302(a)
of theRegulations)
.........................~........
39.
_____
Failure to have financial assurance doc~rents
(Section8O7.6clofthefiegulations)
~
.
.40.
____
Failure to file:
a closure plan
(
); post—closure plan
(
(Sections 807.503 and 807.523 of the Regulations)
~
41.
______
Failure to properly carry-out: closure plan
(
); post—closure plan
(
)
(Sections 807.506 and 807.524 of the Regulations)
42.
______
Apparent violation
of:
PCB
C
); Circuit Court
(
)
Case Number____________
Order entered on ____________________________,
19
—
43.
______
Other
44.
INFORMATIONAL NOTES
1.
References to
“Act” herein refer to the Illinois Environmental
Protection Act:
Ill.
Rev.
Stat.
ch.
111 1/2, par.
1001, et
seq.
2.
References
to “Regulations1’ herein
refer to
the rules and regulations of the
Illinois Pollution Control Board: 35 111. Adm. Code, Subtitle G.
3.
Statutory and regulatory references herein
are
provided for convenience only and
should not be construed as
legal
conclusion of the Agency or as limiting the
Agency’s statutory or regulatory powers.
*
Subject to enforcement either by administrative citation under Section 31.1 of
the Act or by complaint under Section 31 of the Act.
7
/
Signature’of ItP~1~~or(s)
GDS:BB:tk:3/2/11(9/18/86)
79.203
-4—
Date
of
Inspection:
~
~7
Site
Code:
~
~
.l,3_
.Q.
..a
.~:
-~. .~- .~. ..;~
Site Name:
~
~
~
GENERAL
REMARKS
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STATE
OF
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
NARRATIVE
INSPECTION
REPORT
DOCUMENT
P. ~
Inspector:
Sj~~,e
t~ii~,s.
~
County:
~
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79-204
NARRATIVE
INSPECTION
REPORT
DOCUMENT
(continued)
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GDS:BB:tk:3/2/.2(9/18/85)
STATE
OF
ILLINOIS
ENYIRO~O~ENTAL
PROTECTION
A~NCY
SITE
SKETOI
p.
~
Date
of
Inspection:
-
~
~_~tc~1
Inspector:
~
~
c_.
~
Site Code: ~
County: tk1P~
Site
Name:
~.
~
~
-
-~
Time:
