ILLINOIS POLLUTION CONTROL BOARD
February 15,
1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—206
CITY OF McLEANSBORO,
a municipal corporation,
Respondent.
MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
BONAN AND BONAN, ATTORNEYS AT LAW
(MR. WILLIAM BONAN, 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 July
31,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency’~). Count
I of the Complaint alleged that from July 27,
1974 until the date of filing of the Complaint,
the City of
McLeansboro
(the
t1City~’) operated a solid waste management site
and refuse disposal operation
in Hamilton County without the
requisite Agency Operating Permit in violation of Rule
202(b) (1)
of Chapter
7:
Solid Waste Regulations and Section 21(e)
of the
Illinois Environmental Protection Act
(“Act”).
Count
II of the
Complaint alleged
that,
from March
1,
1978 until
the date of filing
of the Complaint,
the Respondent failed to deposit all refuse into
the toe of the fill or into the bottom of the trench at the site
in
violation of Rule 301 and Rule 303(a)
of Chapter
7:
Solid Waste
Regulations and Section 21(b)
of the Act.
Count III alleged that,
from January
1,
1976 until the date of filing of the Complaint,
the
City failed to properly spread and compact refuse
in violation of
Rule 301 and Rule 303(b) of Chapter
7:
Solid Waste Regulations,
and Section 21(b)
of the Act.
Count
IV of the Complaint alleged
that,
from April
1,
1975 until the date of filing of the Complaint,
the Respondent failed to place adequate daily cover on exposed
refuse at the site in violation of Rule 301 and Rule 305(a)
of
Chapter
7:
Solid Waste Regulations and Section 21(b)
of the Act.
Count V of the Complaint alleged that,
from October
1,
1976 until
the date of filing of the Complaint,
the City failed to place
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—2—
suitable final cover over various portions of the site in violation
of Rule 301 and Rule 305(c) of Chapter
7:
Solid Waste Regulations
and Section 21(b)
of the Act.
Count VI of the Complaint alleged
that,
from May
1,
1975 until the date of filing of the Complaint,
the City failed to provide adequate measures to monitor and control
leachate in violation of Rule 301 and Rule 314(e)
of Chapter
7:
Solid Waste Regulations and Section 21(b)
of the Act.
A hearing
was held on January 29,
1979.
The parties filed a Stipulation and
Proposal for Settlement on January 30,
1979.
The Respondent,
the City of McLeansboro,
is an Illinois
municipal corporation located
in Hamilton County.
The Respondent
owns approximately 40 acres of land in Livingston County which lies
outside the city limits and to the south of the City of McLeansboro
(the “site”).
Since sometime prior to July
1,
1970, the City has
caused or allowed the operation of
a solid waste disposal and
management
site on this property,
and since July
1,
1970,
the
Respondent has accepted garbage and other refuse generated by
activities other than those of the City at the site.
(Stipulation,
p.
2).
The Respondent’s refuse disposal operation serves
approximately 10,010 people in McLeansboro and Hamilton County.
Prior to the filing of the Complaint in this matter,
the
Respondent had never applied for or obtained an Operating Permit
from the Agency for the site in question.
(Stipulation,
p.
3).
Inspections of the landfill by Agency personnel revealed apparent
violations of the daily cover requirement of Rule 305(a)
of
Chapter
7:
Solid Waste Regulations on each of the following dates:
April
11, 1975; May 22,
1975; August
6,
1975; January 29,
1976;
May 20, 1976; October
28,
1976; November 10,
1976;
January 18,
1977;
May 19,
1977; November
9,
1977; February
16,
1978; March 30,
1978;
and May 11,
1978.
Additionally, inspections of the site by Agency
personnel revealed apparent violations of the final cover require-
ment of Solid Waste Rule 305(c)
on each of the following dates:
October
28,
1976; November
10,
1976; May 19,
1977; November
9,
1977;
February 16,
1978; March 30,
1978;
and May 11,
1978.
Subsequent to the filing of the Complaint
in this matter,
the
City of McLeansboro
(by agreement with the Agency)
submitted plans
and applications to the Agency for appropriate permits for the site.
A Development Permit for modification of the site was issued on
November
13, 1978.
However,
a pre—operational
inspection of the
site conducted by the Agency since that date revealed that the site
had not been prepared in accordance with the plans and specifications
upon which the Development Permit was based, and later it was
discovered that these plans and specifications were based on
inaccurate information.
Thus,
updated and more accurate information
will need to be filed by Respondent so that a new Development Permit
can be issued.
(Stipulation,
p.
5).
32—550
—3---
Moreover,
since the filing of the Complaint, the Respondent
has been actively seeking
to acquire a new site to develop as
a
solid waste management
site to replace the present landfill.
The
parties submit that there
is currently sufficient material
available at the present site to cover
its filled portions
in
accordance with the Board’s Solid Waste Regulations.
(Stipulation,
p.
6).
The parties agree that the suitability of the location of this
solid waste management site
is not at issue here,
as it is possible
for this site
to be properly developed and operated.
Furthermore,
it is stipulated that the efforts to be made by the Respondent
constitute technically practicable and economically reasonable
means of bringing the site into compliance with the Act and
applicable Board Solid Waste Regulations.
The parties have also
stipulated that the City of McLeansboro caused or allowed the
violations alleged
in Counts
I,
IV and V of the Complaint
(i.e.,
failure to have an Operating Permit and failure to apply adequate
daily cover and final cover).
Additionally, the parties submit
that Counts
II, III and VI of the Complaint should be dismissed.
(Stipulation,
p.
5).
The proposed settlement agreement provides that the City of
McLeansboro:
(1)
has violated Rules 202(b) (1),
301,
305(a) and
305(c)
of Chapter
7:
Solid Waste Regulations and Section 21(b)
and
21(e)
of the Act;
(2)
shall cease and desist from further
violations;
(3)
shall follow
a specified compliance schedule to
bring
its site into compliance with the Act and the applicable
Board Solid Waste Regulations;
and
(4)
shall pay a stipulated
penalty of $500.00
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 Act.
Accordingly, the Board finds that the Respondent, the
City of McLeansboro,
has violated Rules 202(b) (1),
301,
305(a)
and
305(c)
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 $500.00 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 McLeansboro, has violated
Rules
202(b) (1)
,
301,
305(a)
and 305(c)
of Chapter
7:
Solid
Waste Regulations and Section
21(b)
and Section
21(e)
of the Act.
2.
Counts
II, III and VI of the Complaint are hereby
dismissed.
32 —55 1
—4---
3.
The Respondent,
the City of McLeansboro,
shall cease and
desist all further violations.
4.
The Respondent,
the City of McLeansboro,
shall bring its
site
into compliance with the Act and applicable Board regulations
in accordance with the following schedule:
a.
Respondent will submit new plans and
specifications necessary for the issuance
of a new Development Permit for the present
site within 30 days of the final Board
Order adopting this agreement;
b.
Respondent will apply for an Operating
Permit for the present site within
45 days
of the issuance of said new Development
Permit.;
c.
Respondent
shall place cover material
over all filled portions of the present
site,
in accordance with Board regulations,
within 45 days of the final Board Order
adopting this agreement; and
d.
Respondent
shall continue to use diligent
efforts
to locate and obtain an adequate new
site to replace the present
site.
5.
Within 45 days of the date of this Order, the Respondent,
the City of McLeansboro,
shall pay the stipulated penalty of
$500.00
,
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
6.
The Respondent,
the City of McLeansboro,
shall comply with
all the terms and conditions of the Stipulation and Proposal for
Settlement filed January 30,
1979, which
is incorporated by
reference
as
if fully set forth herein.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
/5”
day of
‘4~,~4’
,
1979 by a
vote of
~
.
I
OJ?J’LwLaJ?
‘~
Christan L. Moffett,
Clerk
Illinois Pollution Control Board
32—552