ILLINOIS POLLUTION CONTROL BOARD

March 14,

1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

)

v.

)

PCB 85-15

)

BI-STATE DISPOSAL,

INC.,

)

a Missouri corporation,

)

)

Respondent.

)

MR. GREIG R.

SIEDOR,

ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF

OF

THE

COMPLAINANT.

MR.

THOMAS

J.

IMMEL,

ATTORNEY

AT

LAW,

APPEARED

ON

BEHALF

OF

THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by W.J.

Nega):

This matter comes before the Board on

a three-count

Complaint

filed

on

January

28,

1985 by the Illinois Environmental

Protection Agency (Agency).

Count

I of the Complaint alleged that,

from April

20,

1983

until January 28,

1985, the Respondent caused or allowed the

operation of

its sanitary landfill

in St. Clair County,

Illinois

and conducted

a waste-disposal operation

at its sanitary landfill

without

having

installed

the

compacted

soil

barriers

required

under the Agencyts Supplemental Permit No. 1982-132-SUPP

in

violation of 35

Ill.

Adm. Code

807.301 and 807.302 and Section

21(d)(1) and 21(d)(2)

of the Illinois Environmental Protection

Act

(Act).

Count

II alleged that the Respondent failed to operate its

sanitary landfill in accordance with regulatory requirements

in

that the company:

(1) failed to

properly unload refuse by

depositing refuse into the toe of the fill or into the bottom of

the trench at various

times between April

20,

1983 and January

28, 1985 (including, but not limited to, September

18, 1984)

in

violation of

35

Ill.

Adm.

Code 807.301 and 807.303(a) and Section

21(d)(2)

of the Act;

(2) failed to properly spread and compact

refuse at various

times between April 20,

1983 and January

28,

1985 (including, but not limited to, March

7,

1984,

April

4,

1984,

and October

3,

1984)

in violation of

35

Iii.

Adm. Code

807.301 and 807.303(b) and Section 21(d)(2) of the Act;

(3)

failed to place the requisite daily cover

on exposed refuse from

---

-2-

time to time between April 20,

1983 and January 28,

1985

(including, but not limited to, October

18, 1983,

November

22,

1983,

January

22,

1984, March

7,

1984,

April

4,

1984, May

1,

1984

and September

18,

1984)

in violation of 35

Ill. Adm. Code 807.301

and 807.305(a) and Section 21(d)(2) of the Act;

(4) failed to

~pr-ovideadequate measures to

control leachate at the site from

April 20,

1983 until January 28,

1985

in violation of 35

Ill.

Adm. Code 807.301 and 807.314(e) and Section 21(d)(2) of the Act;

and

(5) failed to take adequate measures

to control flies

at the

sanitary landfill from September 14, 1984 until January 28, 1985

(including, but not limited

to, October

3,

1984)

in violation of

35 Ill. Adm.

Code 807.301 and

807.314(f) and Section 21(d)(2)

of

the Act.

Count

III alleged

that, from time to time from January

22,

1984 until January

28, 1985

(including, but not limited to,

January 23,

1984,

January 24,

1984, and August 18,

1984), the

Respondent caused or allowed the improper open burning of refuse

at its sanitary landfill

in violation of 35

Ill.

Adm.

Code

807.301 and 807.311 and Section

9(c)

of the Act.

On January 30,

1985,

the Agency filed its Exhibits A and B

which had inadvertently been omitted as attachments to the

Complaint.

A hearing was held on January 31,

1986 at which no members

of the public or the news media were present.

(R.

4-5).

The

parties filed their Stipulation and Proposal for Settlement on

February

4,

1986.

The Respondent, Bi-State Disposal,

Inc.,

is

a Missouri

corporation which is licensed and authorized to do business in

Illinois.

The company operates its sanitary landfill on

a

40-acre

site in

St. Clair County,

Illinois pursuant to Agency

Operating Permit No. 1976-39-OP which was issued on April

20,

1982 and Agency Supplemental Permit No. 1982-132-SUPP which was

issued on November

1,

1982.

(Stip.

2;

see:

Exhibits A and B).

The parties have stipulated that,

on April 20,

1983,

October

18,

1983 and April

4,

1984, Agency inspectors observed that the

active fill face of the Respondent’s sanitary landfill was less

than 100 feet from the compacted soil barriers

in violation of

Special Condition No.

1 of Supplemental Permit No.

1982-132-SUPP

which provides that:

“1.

The compacted soil barriers shall

be

installed such that the barriers extend at

least 100 feet beyond the active fill face,

except where compacted soil barriers

have been

installed around the entire circumference of

the fill area.”

(See:

Stip.,

Exhibit

B).

Additionally,

it

is stipulated that the Agency inspectors

observed that:

(1) refuse received at the landfill was not

---

-3—

deposited

either into the toe of the fill or the bottom of the

trench

on

April

20,

1983

and

September

18,

1984;

(2)

refuse

received at the landfill had not been spread and compacted on

April 20,

1983; March

7,

1984; April

4,

1984,

and October

3,

1984;

(3) refuse received at the landfill had not been covered

wth

a compacted layer of at least six inches of suitable cover

material at the end of

a day of operation at the landfill on

April 20, 1983,

October

18, 1983,

November

22,

1983, January 22,

1984, March

7,

1984,

April

4,

1984,

May

1,

1984,

and September

18,

1984;

(4) adequate measures

to control leachate had not been

taken

at the landfill on April

20,

1983 and September

18,

1984;

(5) adequate measures

to control vectors had not been taken at

the landfill on September

18,

1984 and October

3,

1984; and

(6)

open burning at the landfill had taken place on January

22,

1984,

January 23,

1984,

January 24,

1984 and August

18,

1984.

(Stip.

3-4).

Accordingly,

it is stipulated that the aforementioned

facts indicate that the Respondent has violated

35 Ill.

Adm.

Code

807.301,

807.302, 807.303, 807.305(a),

807.311,

807.314(e)

and 807.314(f)

as well as Sections

9(c) and 21(d) of the Act.

(Stip.

4).

The proposed settlement agreement provided that the

Respondent admitted the violations as previously delineated and

alleged

in the Complaint and agreed to:

(1) cease and desist

from further violations;

(2) follow

a specified and agreed—upon

compliance

program

(which was attached as Exhibit

C to the

Stipulation); and (3) pay a stipulated sum of $10,000 in the

following manner:

pay $5,000.00 into the Illinois Hazardous Waste

Fund (Fund) within 30 days of the date of the Board’s Order; pay

an additional stipulated sum of $2,500.00 into the same Fund

within

90 days of the date of the Board’s Order;

and pay an

additional stipulated sum of $2,500.00 into the same Fund within

180 days of the date of the Board’s Order.

(Stip. 4-5).

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 and finds the settlement

agreement acceptable under

35

Ill.

Adm.

Code 103.180.

The Board finds that the Respondent, Bi-State Disposal,

Inc.,

has,

as

stipulated, violated

35

Ill. Adm. Code

807.301,

807.302,

807.303,

807.305(a),

807.311,

807.314(e)

and

807.314(f)

and Sections 9(c) and 21(d) of the Act.

The Respondent will

be

ordered to cease and desist from further violations,

to follow

the agreed-upon compliance

program as set forth in Exhibit C

of

the Stipulation,

and to pay the total stipulated sum of $10,000

by paying $5,000.00,

$2,500.00,

and $2,500.00 into the Illinois

Hazardous Waste Fund at the agreed-upon time intervals within 30

days,

90 days, and 180 days respectively of the date of the

Board’s Order.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

---

—4—

ORDER

It is the Order of the Illinois Pollution Control Board

that:

1.

As

admitted

in

the

Stipulation,

the

Respondent,

Bi-

State

Disposal,

Inc.,

has

violated

35

Ill.

Adm.

Code

807.301,

807.302,

807.303,

807.305(a),

807.311,

807.314(e)

and

807.314(f)

and

Sections

9(c)

and

21(d)

of

the

Illinois

Environmental

Protection

Act.

2.

The

Respondent

shall

cease

and

desist

from

all

further

violations.

3.

Within

30

days

of

the

date

of

this

Order,

the

Respondent

shall

institute

the

following

compliance

program:

A.

Beginning

the

second

full

month

after

the

date

of

the

Board’s

Order,

an

operations

report shall be submitted by the last day

of each month to Mr. Kenneth Mensing,

Division of Land Pollution Control,

Illinois

Environmental Protection Agency,

2009

Mall

Street,

Collinsville,

Illinois,

62234.

The

operations

report

shall

contain the following information and

material:

(a)

the

equipment

used

at

the

landfill

and

the

names

of

the

personnel

operating

such

equipment

for

each

day of the month;

(b)

the

amount

of

cover

material

applied

each

day

of

the

month

on

the

active

and

inactive

areas

of

the

landfill;

(c)

the

amount

of

material

stockpiled

for

use

as

cover

material,

recorded

on a daily

basis;

(d)

at least six

(6) photographs,

portraying

conditions

at

the

landfill

each

Saturday

after

the

completion

of

all

weekly

operations

(including

corrective

actions),

that

shall

depict

the

landfill

active

area,

the

available

stockpile

of

cover material, and general site

conditions and which shall be

accompanied by notations identifying

the date,

time, 1oc~tionand

direction of each photograph;

and

---

—5-

(e)

a

narrative

description

of

any

problems

encountered

during

the

month

in

maintaining

compliance

with

the

rules

and

regulations

of

the

Illinois

Pollution

Control

Board

or

this Compliance Program.

B.

A walk-around of the site shall be

conducted

at

the

beginning

and

end

of

each

operating

day

for

purposes

of

monitoring

and

controlling

leachate

and

maintaining

the

site

in

compliance

with

the

rules

and regulations

of the Illinois

Pollution

Control

Board

and

this

Compliance

Program.

C.

At

least

one

employee

shall

be

present

at

the

site

each

day

who

is

qualified

to

supervise

operations

at

the

landfill

and

ensure

compliance

with

the

rules

and

regulations

of

the

Illinois

Pollution

Control

Board

and

this

Compliance

Program.

4.

Within

30

days

of

the

date

of

this

Order,

the

Respondent

shall,

by

certified

check

or

money

order

payable

to

the

State

of

Illinois

and

designated

for

deposit

into

the

Illinois

Hazardous

Waste

Fund,

pay

the

stipulated

sum

of

$5,000.00

which

is

to

be

sent

to:

Fiscal Services Division

Illinois Environmental Protection Agency

2200

Churchill

Road

Springfield,

Illinois

62706

An

additional

stipulated

sum

of

$2,500.00

and

a

further additional stipulated sum of another

$2,500.00 shall

be, within

90 days

of the date of

the Board’s Order and within 180 days

of the date

of the Board’s Order respectively, paid into the

Illinois

Hazardous

Waste

Fund

in

the

same

manner

as

the

initial

stipulated

sum

of

$5,000.00,

so

that

a

total

stipulated

sum

of

$10,000.00

shall

be

paid

in

full

within

180

days

of

the

date

of

the

Board’s

Order.

Moreover,

the

Respondent

has

waived

any

right

it

has

to

have

any

unused

portion

of

said

payments

returned

to

the

Respondent.

5.

The

Respondent

shall

comply

with

all

the

terms

and

conditions of the Stipulation and Proposal for

Settlement

filed on February

4,

1986, which

is

---

—6—

incorporated

by

reference

as

if

fully

set

forth

herein.

IT

IS

SO

ORDERED.

Board

Member

J.

Theodore

Meyer

dissented.

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board, hereby certify that the above Opinion and Order was

adopted on the

/~Z~

day

of

—

~

,

1986

by

a

vote

of

~-/

.

/

~

_________

Dorothy

M.

G~fr~T~Terk

Illinois

Pollution Control Board