ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    July 12,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 78—279
    LAND AND LAKES LANDFILL CO.
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr. Goodman):
    This matter comes before the Board upon the November
    8,
    1979 Complaint
    filed by the Environmental Protection Agency
    (Agency) charging Land and Lakes Landfill Company
    (Land and
    Lakes) with violating Section 12
    (a) of the Environmental
    Protection Act (Act)
    by allowing the discharge of contami-
    nants
    from
    its land into Calurnet Lake.
    The Complaint further
    alleged that Land and Lakes has not applied
    for nor presently
    possesses a National Pollutant Discharge Elimination System
    (NPDES)
    Permit in violation of Section 12(f)
    of the Act.
    Hearings were held on May
    3,
    1979 and May 17,
    1979.
    A Stipula-
    tion and Proposal
    for Settlement was filed
    at the Board on
    May 18,
    1979.
    The regulated landfill
    at issue is located on South
    Stony Island Avenue
    in Cook County,
    Illinois.
    A drainpipe
    runs
    from the above mentioned landfill site to a ditch area
    and discharges into Lake Calumet.
    Discharges
    from the
    drainpipe consist of liquids
    from the landfill
    site, other
    surface drainage
    liquids, and at times drainage from neigh-
    boring properties.
    Agency analysis of two grab samples
    of
    discharges
    from the end of the pipe and of discharges
    flowing
    to the pipe indicated excess concentration of
    iron
    (4 mg/l
    and
    16 mg/i), ROD
    (85
    mg/i
    and 23 mg/i)
    and suspended
    solids
    (180 mg/i and 280 mg/i).
    Land and Lakes
    is surrounded
    by
    other landfill
    sites.
    Apparently,
    it
    is drainage
    from such
    sites
    onto Land
    and
    Lakes property which aggravates
    its situa-
    tion
    as
    drainage is
    a problem throughout
    the area
    (Tr.
    May
    17,
    pg.4).
    Land and Lakes duties under the terms of
    the Settlement
    in the Stipulation and Settlement include constructing and
    maintaining dikes on the border of its property which will
    prevent polluted waters on neighboring properties from
    —2—
    flowing across the subject property
    (Stipulation page
    4).
    This would eliminate pollutants
    from other landfills from
    concentrating in Land and Lakes drainage system;
    thus, the
    pollution problem will become manageable.
    Also,
    under the terms of the Settlement, Land and Lakes
    shall not cause or allow the discharge of contaminants
    or
    pollutants
    in excess of effluent level standards from the
    drainage pipe or the property at issue
    (Stipulation page
    4).
    The diking system should decrease the level of pollutants
    to
    such a degree that Land and Lakes will he able to solve the
    pollution problem now existing.
    To further maintain control
    of the situation, the terms of the Settlement require Land and
    Lakes to document any illegal pumping or diversion of water
    from adjacent properties onto its property
    (Stipulation page
    4).
    Thus,
    Land and Lakes will take
    further precautions
    to
    prevent its drainage system from collecting and concentrating
    contaminants flowing
    from the surrounding
    area.
    The terms
    of the Settlement
    state that no civil penalty
    shall be required of Land and Lakes
    (Stipulation Page 4).
    Land and Lakes has shown its cooperation by already beginning
    construction of the diking system
    (Transcript of May
    3,
    1979
    hearing page 6).
    Considering the level
    of pollution involved and the efforts
    made by Land and Lakes
    thus
    far,
    the Board finds that further
    litigation by the parties
    in this matter
    is not in the best
    interests of the People of the State of
    Illinois.
    The Board
    finds that the compliance program developed as a result of the
    Agency’s cooperation with Land and Lakes is
    a suitable resolu-
    tion of the problem and that no penalty is necessary.
    This
    Opinion constitutes
    the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control
    Board that:
    1)
    Land and Lakes Landfill Company is found to have violated
    Section
    12(a) and Section 12(f)
    of the Environmental Pro-
    tection
    Act.
    2)
    Land and Lakes Landfill Company shall comply with
    the
    con-
    ditions contained
    in the Stipulation and Settlement Agree-
    ment filed before the Board by the parties on
    May
    18,
    1979
    which Stipulation and Settlement Agreement is hereby incor-
    porated
    in this Order
    as if fully set forth herein.
    Dr.
    Satchell
    abstained.
    —3—
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cejtify the above Opinion and Order
    were adopted on the
    /,J.’~
    day of
    ______________,
    1979 by a
    vote of
    _________
    Christan L.
    Moffet
    ,
    rk
    Illinois Pollution
    ontrol Board

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