ILLINOIS POLLUTION CONTROL BOARD
February
1,
1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PC13 77—312
CITY OF MARION,
Respondent.
MR. STEPHEN GROSSMARK, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
FOWLER
& NOVICK,
ATTORNEYS AT LAW
(MR. WILLIAM NOVICK,
OF COUNSEL),
APPEARED ON BEHALF OF
THE
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the November
30,
1977
Complaint brought by the Illinois Environmental Protection Agency
(“Agency).
On February
6,
1978,
the Complainant filed a Motion
for Leave
to Amend Complaint, and the Board granted this motion on
February 16,
1978.
Count
I of the Amended Complaint alleged that,
from April
14,
1977 until the date of
filing of the Amended
Complaint, the City of Marion operated a solid waste management
site
in Williamson County without an Agency Operating Permit in
violation of Rules 201 and 202(a)
of Chapter
7:
Solid Waste
Regulations and Section 21(e)
of the Illinois Environmental
Protection Act
(“Act”).
Count II of the Amended Complaint alleged
that,
on specified dates between April
14, 1977 and the filing of
the Complaint,
the City of Marion operated its site in such a
manner as to: allow the open dumping of refuse;
improperly unload,
spread,
and compact refuse;
and place inadequate daily cover on
all exposed refuse in violation of Rules
301,
303(a)
,
303(b),
and
305(a)
of Chapter
7:
Solid Waste Regulations and Section
21(b)
of
the Act.
Count III of the Amended Complaint alleged that the
Respondent failed to take adequate measures to control dust and
vectors in violation of Rules
301 and 314(f)
of the Board’s Solid
Waste Regulations.
A hearing was held on December
19,
1978.
The
parties filed a Stipulation and Proposal for Settlement on
December
28,
1978.
The Respondent,
the City of Marion
(the
“City”),
is a
municipal corporation organized under the laws of the State of
Illinois and located
in Williamson County,
Illinois.
Just prior
32—471
—2—
to April
4,
1977,
the City leased 9.14
acres
of land
(the
“site”)
in Williamson County, Illinois from Mr. William Cadle of Marion,
Illinois.
Since just prior to April
4,
1977,
the City has been,
and currently is, responsible for all activities at the site.
It
is stipulated that,
on April
4,
1977,
the City,
fully aware of the
need for an Operating Permit,
commenced operation of a landfill,
accepting and depositing refuse not generated by the City’s own
activities, at the subject
site.
The Respondent has conducted
such activities at the property since April
4,
1977,
and continues
to conduct these activities there.
(Stipulation, p.
2)
.
However,
the Agency has never issued an Operating Permit to the City of
Marion for such operations.*
Since April
4,
1977, Agency personnel have made inspections
of the subject site on 10 different occasions.
These inspections
revealed the following admitted violations of the Board’s Solid
Waste Regulations and the Act
(See: Stipulation,
p.
4-9):
(1)
On
April
20,
1977, April 21,
1977,
May 19,
1977, May 20,
1977,
January
4,
1978, March 29,
1978,
July 11,
1978,
August
4,
1978,
September 15,
1978 and October
4,
1978,
suitable daily cover had
not been placed on all exposed refuse;
(2)
On September
15,
1978,
and October
4,
1978,
adequate final cover had not been placed on
portions of the site;
(3)
On April 20,
1977, April
21, 1977,
January
4,
1978 and August
4,
1976, refuse had not
been
deposited
into the toe of a fill or into the bottom of a trench;
(4)
On
April
20,
1977, April 21,
1977, May 19,
1977, May 20,
1977 and
January 4,
1978, refuse deposited at the toe of a fill had not been
spread and compacted in layers within the cell;
(5) On April
20,
1977, May 19,
1977, May 20,
1977 and August
4, 1978,
adequate
measures to control vectors had not been taken at the site,
in that
numerous flies
(which are capable of transmitting, directly or
indirectly, various infectious diseases)
were observed;
(6)
On
April 20,
1977, April 21,
1977, September 15,
1978 and October 4,
1978,
there was evidence that refuse was, and had been, standing
in ponded water;
(7)
On September
15, 1978 and October 4,
1978,
there was evidence of ponded leachate at the site;
(8)
On May 19,
1977, May 20,
1977,
August
4,
1978 and September 15,
1978,
refuse
odors emanating from the site were detected; and
(9)
On August
4,
1978,
September 15,
1978 and October
4,
1978,
sludge had been
deposited and on the latter two dates mentioned above,
sludge was
observed in standing water and sludge odors were detected.
(See:
Stipulation,
p.
3-5)
*On September
8,
1978,
the Agency issued a Development Permit
to the City of Marion to authorize the Respondent to develop a
solid waste disposal site at the property
in question to handle
general municipal waste, excluding all liquid and/or hazardous
waste.
32—47 2
—3—
It
is also stipulated that,
on April 20,
1977, April 21,
1977, May 19,
1977, May 20, 1977, January
4,
1978,
July
11,
1978,
September
15,
1978 and October
4,
1978,
the City of Marion or an
agent of the City was notified,
at the time of the inspections
described,
of the operational problems regarding the site on the
particular days in question.
(Stipulation,
p.
5-6).
Furthermore
on May
4,
1977, June
7,
1977, January 18,
1978,
April
6,
1978,
July
26, 1978 and September 25,
1978,
the Agency sent letters to
the Respondent notifying the City of the problems described above.
(See: Exhibits A through F**).
The City’s Mayor wrote three letters
(on February
1,
:1977,
May
10,
1977,
and January
24,
1978)
in
response to the letters sent by the Agency.
(See: Exhibits G, H
and I).
During the Agency inspections of this landfill operation,
photographs were taken which accurately depict the conditions
observed at the site.
(See: Exhibits J through W)
The parties also agree that,
since May of
1977,
sludge
generated by the City sewage treatment plant has been transported
in open,
uncovered, dump trucks to the landfill and deposited on
the ground and in trenches at the site and has been left uncovered.
The Agency has never
issued to the City,
and the City of Marion has
never applied for, a supplemental permit authorizing the City to
accept and deposit sludge at the landfill.
(Stipulation,
p.
7).
Additionally, pathological wastes have been accepted and deposited
at the site since May of
1977.
The Agency has never issued to the
City,
and the Respondent has never applied for,
a supplemental
permit authorizing the City of Marion to accept and deposit
pathological wastes.
(Stipulation,
p.
7).
It
is also stipulated that,
on January
5,
1978,
at about
2 P.M.,
a pile of refuse the size of a single story home began to smoke.
By
5 P.M., the pile of refuse was flaming and continued to flame
until approximately
3 A.M. on January
6,
1978.
The pile of refuse
continued to smolder for the rest of the day.
Residents in the
immediate area were concerned about the safety of their homes and
property during the fire.
During September of 1978,
a fire again
occurred at the site and flamed from approximately
2 A.M.
to
approximately 6 A.M. one morning.
The refuse continued to smolder
until approximately
9 A.M.
(Stipulation,
p.
8).
There are several homes
in the immediate vicinity of the
City’s landfill,
the closest one being about
200 yards from an
**All exhibits are incorporated by reference into the
Statement of Stipulated Settlement.
32—L~73
—4—
area of the site where refuse has been deposited.
Since April
4,
1977, residents of the immediate area have detected, on a regular
basis, refuse odors emanating from the subject site.
Neighborhood
residents have also detected strong sludge odors emanating from
the property since May of 1977 on
a regular basis.
These odors
have detrimentally affected the enjoyment and use of their homes
and property.
Various residents who live in the vicinity of landfill
have notified City officials of some of their concerns regarding
the City of Marion’s solid waste management
site.
Residents in the
area of the site are of the opinion that refuse has been regularly
left uncovered since April
4,
1977, and while they do not object to
the fact that a landfill operation
is being conducted very close to
their homes, they do object to the subject site being operated
improperly and in violation of the Act and the Board’s Solid Waste
Regulations.
(Stipulation,
p.
8-9; See: Exhibits X and Y).
Additionally, observations
by neighborhood residents and Agency
inspectors indicate that the City of Marion conducted operations
without adequate operable equipment for at least 20 days since
April
4,
1977.
(Stipulation,
p.
10-11).
Moreover,
cover material
was not placed on large quantities of refuse for at least four
weeks prior to the fire that occurred on January
5,
1978.
(Stipulation,
p.
11).
The Agency and the City of Marion have stipulated that it is
both technically practicable and economically reasonable to comply
with the Board’s Solid Waste Regulations and the Act, and the
parties have agreed upon the following proposed Compliance Plan
and Settlement Program:
(1)
the City of Marion will obtain an
Operating Permit from the Agency within
30 days of entry of the
Board Order in this
cause.
If the City does not obtain an Operating
Permit from the Agency within
30 days of entry of the Board Order,
all landfill operations at the site will cease at the close of the
31st day after entry of the Board Order;
(2) hot wastes,
hazardous
wastes, liquid wastes,
and sludge will not be deposited at the site
until the appropriate supplemental permits are obtained by the City
from the Agency;
(3)
the City will cease and desist from
violations of the Board’s Solid Waste Regulations and the Act;
(4)
the City will follow the proper methods of operation pertain-
ing to the unloading,
spreading and compacting of refuse which are
delineated
in Rule 303 of Chapter
7:
Solid Waste Regulations and
will follow the cover requirements specified
in Solid Waste Rule
305;
(5)
the City will take adequate measure at the site to control
vectors, prevent fires,
and prevent odors from emanating from the
landfill;
(6)
the City will pay a stipulated penalty of $3,000.00
within
30 days of entry of the Board Order
in this case;
and
(7)
it
is stipulated that the settlement agreement resolves all contro-
versies regarding the allegations of violations by the City for
the period of the Complaint and that a new Complaint, alleging the
same violations for the same period of time in the Complaint,
cannot be filed by the Complainant at a later date.
32—474
—5—
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances in light of the specific criteria delineated
in Section
33(c)
of the Illinois Environmental Protection Act.
Accordingly,
the Board finds that the Respondent,
the City of Marion,
has
violated Rules
201,
202(a),
301,
303(a)
,
303(b),
305(a)
and 314(f)
of Chapter
7:
Solid Waste Regulations and Section
21(b)
and
Section 21(e)
of the Act.
The Board hereby imposes the stipulated
penalty of $3,000.00 against the Respondent.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The Respondent,
the City of Marion, has violated Rules
201,
202(a),
301,
303(a),
303(b),
305(a)
and 314(f)
of Chapter
7:
Solid Waste Regulations and Section 21(b)
and Section 21(e)
of the
Illinois Environmental Protection Act.
2.
The Respondent, the City of Marion,
shall cease and desist
all further violations.
3.
Within
30 days of the date of this Order,
the Respondent,
the City of Marion,
shall pay the stipulated penalty of $3,000.00
payment to be made by certified check or money order
to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
4.
The Respondent,
the City of Marion,
shall comply with all
the terms and conditions of the Stipulation and Proposal for
Settlement filed December
28,
1978, which
is incorporated by
reference as
if fully set forth herein.
Mr. Goodman abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereJ~ycertify t e
bove Opinion and Order were
adopted on the _______day
of
________________,
1979 by a
vote of
~-c
Christan L. Moffet
,
32-475
Illinois Pollution C4~i~’olBoard