ILLINOIS POLLUTION CONTROL BOARD

August 23, 1979

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

V.

)

PCB 79-57

JOHN BARR, d/b/a BI-COUNTY

)

DISPOSAL,

Respondent.

MR. BRIAN E.

REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. JOHN BARR APPEARED PRO SE.

OPINION AND

ORDER

OF THE BOARD

(by Mr. Werner):

This matter comes before the Board on the March 19,

1979

Complaint brought by the Illinois Environmental Protection Agency

(“Agency”).

Count

I of the Complaint alleged that,

from January

21,

1976 until the date of filing of the Complaint, the Respondent

operated its solid waste management site

(“site”) without placing

adequate daily cover over exposed refuse in violation of Rule

305(a)

of Chapter

7:

Solid Waste Regulations

(“Chapter

7”) and Section

21(b)

of the Illinois Environmental Protection Act (“Act”).

Count II

alleged that, from January 21, 1976 until the date of filing of the

Complaint, the Respondent failed to place final cover over portions

of

the

site in violation of Rule 305(c) of Chapter 7 and Section 21(b)

of the Act.

Count III alleged that,

from April 14, 1978 until the

date of filing of the Complaint,

the Respondent operated the site

in

such a manner as to cause or threaten or allow the discharge of

leachate into the environment thereby creating a water pollution

hazard in violation of Rule 313 of Chapter 7 and Sections 12(d)

and

21(b)

of the Act.

Count IV alleged that,

from April

14, 1978 until

the date of filing of the Complaint, the Respondent failed to provide

adequate measures to monitor and control leachate at the site in

violation of Rule 314(e)

of Chapter

7 and Section 21(b)

of the Act.

Count V alleged that, from November 10, 1976 until the date of filing

of the Complaint, the Respondent failed to install the monitoring

well required by its Supplemental Permit and also alleged that,

from

April

15, 1977 until the date of filing of the Complaint,

the

Respondent failed to submit to the Agency the laboratory reports of

35—205

---

—2—

the quarterly water analysis for total dissolved solids,

chlorides,

and iron as required by its Supplemental Permit in violation of

Rule 302 of Chapter

7 and Section 21(b)

of the Act.

A hearing was

held on June

28,.

1979.

The parties filed a Stipulation and

Proposal for Settlement on August

1,

1979.

The Respondent owns a solid waste management site consisting

of 62.5 acres

in Nashville, Washington County, Illinois.

Although

Mr. Barr ceased operations

at the site on December 10,

1976, he has

a currently valid Agency Operating Permit and Supplemental Permit

for this property.

It stipulated that,

on ten specified dates between January 21,

1976 and October

30, 1978, inspections by Agency personnel showed

that the Respondent failed to apply daily cover on the site.

(Stip.

2).

Similarly, Agency inspections indicated that the Respondent failed to

place final cover over portions of the site on January

21, 1976,

September 1,

1978, September 19, 1978, October 19,

1978,

and

October 30,

1978.

(Stip.

2—3)

.

Since January 10,

1976, Agency

inspections have shown that the Respondent did not install the

requisite monitoring well as mandated by the Supplemental Permit.

(Stip.

3).

Moreover,

from April

15, 1977 until October 15, 1978,

the Respondent failed to submit quarterly water analysis reports

as

required by its Supplemental Permit.

It is also stipulated that,

on August 25,

1978, the Agency

received a complaint on behalf of Mr. Louis Czhjkowski, who farms

the soybean fields east of the Respondent’s property.

Mr. Czhjkowski

stated that leachate from the Respondent’s landfill had flowed onto

his property and killed some of his soybeans.

(R.

10-16).

The

Stipulation indicates that Agency inspections on August 29,

1978,

September 1,

1978, September 19,

1978, and June 21, 1979 have shown

that leachate did exist on the site and had flowed into a field south

of the site killing approximately 4 rows of soybeans.

(Stip

3;

R.

6).

However,

the Respondent owns this field south of the site where the

dead soybeans were observed.

Although Agency inspectors observed

leachate on the Respondent’s site flowing in the general direction

of Mr. Czhjkowski’s bean field, they did not see the leachate

actually flowing onto the Czhjkowski property.

(Stip.

3;

R.

17).

Nevertheless, Mr. Czhjkowski maintains that the leachate flow from

the Respondent’s site has destroyed his crops on several occasions.

(R.

6—7;

R.

12;

R..

16).

The Respondent testified that some of his problems with the

Agency were a result of misunderstanding on his part.

Mr. Barr

stated that he quit operating the landfill about

2

years ago and,

because the landfill operations were inactive, as a layman he did

not realize it was still necessary to send in water samples to the

Agency when he was not using the landfill.

(R.

8).

Mr. Barr

35—2 C) 6

---

—3—

indicated that he is willing to take whatever steps the Agency deems

necessary to control the leachate problem on his site and that he is

willing to properly cover and close the landfill.

(Stip.

3;

R.

8-9;

R.

15)

The proposed settlement agreement provides that the Respondent

admits the allegations charged

in the Complaint and agrees

to:

(1)

cease and desist from further violations,

(2) apply final cover

and close the site,

(3)

take adequate measures

to control

leachate

at the site undc~rthe direction of Agency inspectors, and

(4) pay a

stipulated

penalty of $1,000

In evaluating this enforcement action and proposed settlement,

the Board has taken into consideration all the facts and circumstances

in light of the specific criteria delineated in Section 33(c)

of the

Illinois Environmental Protection Act.

The Board finds the

stipulated agreement acceptable under Procedural Rule 331 and

Section 33(c)

of the Act.

The Board finds that the Respondent,

Mr.

John Barr, d/b/a Bi-County Disposal, has violated Rules

302,

305(a),

305(c),

313 and 314(e)

of Chapter

7:

Solid Waste Regulations and

Sections 12(d)

and 21(b)

of the Act and orders the Respondent to

cease and desist from further violations.

The Respondent

is hereby

ordered to apply final cover and to close the site in compliance

with Rule

318 of the Board’s Solid Waste Regulations and, under the

direction of Agency inspectors, to take adequate measures to control

leachate at the site.

The stipulated penalty of $1,000

is hereby

assessed against

the Respondent.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It i~the Order of the Illinois Pollution Control Board that:

1.

The Respondent has violated Rules

302,

305(a),

305(c),

313,

and 314(c)

of Chapter

7:

Solid Waste Regulations and Sections 12(d)

and 21(b)

of the Act.

2.

The Respondent shall cease and desist from further

violations.

3.

The Respondent shall apply final cover and close the site

in compliance with Rule 318 of Chapter

7:

Solid Waste Regulations.

4.

The Respondent shall, under the direction of Agency

inspectors, take adequate measures to control leachate at the site.

:35—207

---

—4—

5.

Within 45 days of the date of this Order, the Respondent

shall,

by certified check or money order payable to the State of

Illinois, pay the stipulated penalty of $1,000 which is to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois

62706

6.

The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

August

1,

1979, which is incorporated by reference as

if fully set

forth herein.

Dr. Satchell abstains.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, herE~ certify that the a ove Opinion and Order were

adopted on~the

~3

day of

_____________________,

1979 by a

vote of

£4.~

*

Christan L. Moffett,

IC,1~t4~:

Illinois Pollution

Corf,~hf~’lBoard

35—

208