July

20, 1978

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 78-92

METROPOLITAN DISPOSAL

)

COMPANY, INC.,

an Illinois corporation,

Respondent.

ANNE

MARKEY,

ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF

THE COMPLAINANT.

METROPOLITAN DISPOSAL COMPANY, INC. (BY MR. STANLEY MaRTEN,

SECRETARY OF THE COMPANY), APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD (by Mr. Werner):

This matter comes before the Board on the March 24, 1978

Complaint brought by the Illinois Environmental Protection Agency

alleging that, from June 7, 1976 until March 24, 1978, Metropolitan

Disposal Company, Inc. (“Metropolitan”) failed to place final cover

on its solid waste disposal site in violation of Rule 301 and

Rule 305(c) of Chapter 7: Solid Waste Regulations. A hearing was

held on June 7, 1978. The parties filed a Stipulation and

Proposal for Settlement on June 14, 1978.

Metropolitan Disposal Company, Inc. operated a construction

and demolition refuse disposal site north of Lake-Cook Road in

Deerfield, Lake County, Illinois. The site accepted up to 1,000

tons of construction refuse and 4,000 tons of demolition refuse

per week from 1966 until March, 1975. After closing the site in

March, 1975, Metropolitan covered part, but not all, of the filled

areas with the necessary two feet of compacted cover. material.

(Exhibit ID; R. 2—3).

The Agency notified Metropolitan of the need for additional

cover in a Notice of Violation .dated September 9, 1976. (Exhibit A).

The Company replied by letter dated September 13, 1976. (Exhibit B).

31.95

---

—2—

Subsequent Agency inspections revealed that final cover rema~neu

inadequate, and Metropolitan was so notified by the Agency in a

letter dated November 8, 1976. (Exhibit C).

Metropolitan Disposal Company, Inc. responded in a letter

dated November 15, 1976. (Exhibit D). The Company stated that

the Deerfield site “was not a sanitary land—fill for disposal of

garbage but only for nonputrescible debris from the construction

and demolition of buildings. Therefore, there is no smoke nor

gases nor odors on the site from decomposition of putrescible

wastes...” (Exhibit D). The Company indicated that the property

was “for the most part

...

supporting a lush growth of grass and

weeds,” but also noted that some “unauthorized dumping” had

occurred after the firm left the site. (Exhibit D).

Agency reinspections on November 23, 1976 and March 17, 1977

revealed that the condition of the site had not substantially

changed. (Exhibit E and F). After notification by the Agency,

Metropolitan Disposal Co., Inc. indicated in a letter dated

April 11, 1977 that it believed the two foot final cover rule

applied only to garbage disposal sites where there was a possi-

bility of the “escape of malodorous gases from the putrefying

garbage.” (Exhibit G).

The Agency, in a letter dated May 13, 1977, replied that

there were no exemptions from the final cover rule, and that

leachate had been observed on the site. (Exhibit

.

In its

letter dated June 4, 1977, the Company explained that the source

of the leachate at the dirt road at the southwest corner of their

former dumpsite was a broken pipe, and stated that steps had been

taken to correct the situation. (Exhibit I). Metropolitan

indicated that “the water has been turned off and, barring heavy

rains, the drainage should stop shortly.” (Exhibit I). However,

an Agency inspection on November 22, 1977 showed that some

“leachate was observed to be flowing from the southwest part of

the landfill into adjacent lowlands to the west of the landfill”

and that final cover “along the west side of the landfill” had

“not been adequately applied.” (Exhibit J). Subsequently, on

March 24, 1978, the Agency filed the Complaint in this case.

Since the filing of this Complaint, the Company has taken

steps to appropriately cover its site. The firm has transported

a considerable quantity of cover to the site and is currently

preparing to spread and compact it. (R. 3).

As a result of discussion between the parties, asettlernent

proposal has been presented to resolve this enforcement proceed-

ing. Metropolitan Disposal Company, Inc. has admitted that

31-96

---

—3—

two feet of compacted cover material was not applied to its refuse

disposal site from June 7,

1976

through March 24, 1978. The

settlement agreement provides that the Company will: (1) place

final cover on the site by August 1,

1978;

(2) grade and seed

the covered areas to minimize erosion; (3) allow Agency employees

to enter on the site at any time to observe the suitability of

the cover material and Metropolitan’s compliance with the settle-

ment agreement; and (4) pay a stipulated penalty of $400.00

In evaluating this enforcement action and proposed settle-

ment, 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. Incinerator, Inc. v. Illinois

Pollution Control Board, 59 Ill. 2d 290, 319 N.E. 2d 794 (1974)

Accordingly, the Board accepts the Stipulation and Proposal

for Settlement and finds Metropolitan Disposal Company, Inc. in

violation of Rule 301 and Rule 305(c) of Chapter 7 from June 7,

1976 until March 24, 1978. The Board imposes the stipulated

penalty of $400.00.

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. Metropolitan Disposal Company, Inc. has violated Rule 301

and Rule 305(c) of Chapter 7: Solid Waste Rules and Regulations

from June 7, 1976 until March 24, 1978.

2. Within 35 days of the date of this Order, Metropolitan

Disposal Company, Inc. shall pay the stipulated penalty of $400.00

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

3. Metropolitan Disposal Company, Inc. shall comply with

all the terms and conditions of the Stipulation and Proposal for

Settlement filed June 14, 1978, which is incorporated by

reference as if fully set forth herein.

31-97

---

—4—

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the a ove Opinion and Order were

adopted op the

~

day of

________________,

1978 by a

vote of

~

.

Christan L. Moffet

,

rk

Illinois Pollution C rol Board