ILLINOIS POLLUTION CONTROL BOARD
    April
    22, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 75—404
    CITY OF
    MACOMB,
    a Municipal
    Corporation,
    Respondent.
    Mr.
    Richard W.
    Cosby,
    Assistant
    Attorney General appeared
    for Complainant.
    Mr. Bruce
    J.
    Biagini and Mr. Larry Kwacala, appeared for
    Respondent.
    OPINION
    AND
    ORDER
    OF THE
    BOARD
    (by Dr.
    Satchell):
    This case comes before the Board upon a complaint
    filed by the Environmental Protection Agency
    (Agency)
    on
    October 17,
    :L975.
    The complaint alleges that the City of
    Macomb owns and operates
    a refuse disposal site in
    Section 30 of rpowflshjp
    6 North,
    Range
    2 West in McDonough
    County, Illinois and that this site has been in operation
    since
    July
    27,
    1974 to the date of filing without an
    operating permit issued by the Agency,
    in violation of
    Rule 202(b) (1)
    of the Solid Waste Regulations and Sec-
    tions
    21(b)
    and 21(e)
    of the Act.
    Count II alleges that
    final cover has not been properly placed and is thus
    a
    violation of Rule 305(c)
    and Section 21(b)
    of the Act.
    Count III alleges that the La Moine River bounds the site
    on the south and constitutes waters of the State of Illinois,
    and that on twelve different dates
    from and including
    July
    11,
    1973 to September 25,
    1975,
    Respondent caused or
    allowed leachate to pond on the site or to drain from the
    site toward
    the
    backwater
    of
    the La Moine River which would
    be in violation of Rules 406 and 408 of the Board’s Rules
    and Regulationsb
    Ch,
    3, Water Pollution,
    if deposited or
    discharged directly into the waters of the State.
    This
    same drainage is
    also alleged as
    a violation of Rule 313
    of the Solid Waste Regulations and hence
    a violation of
    21(b)
    of the Act,
    Ill.
    Rev. Stat,,
    Ch.
    ill 1/2 1021(b) (1973).
    21—235

    —2—
    ~ hearing was held
    in Macoinb,
    Illinois on January 29,
    1976.
    The facts presented
    are that the City of Macornb had
    run a landfill
    of
    approximately eighty acres
    (R.150)
    at
    the site in question.
    In 1970 the site was covered ~R.1QO)
    and for all practical purposes abandoned.
    The cover has
    eroded and
    :Leac~hateflows
    have occurred on the site.
    The
    site
    is
    located
    just north of the
    East Fork of the La Moine
    River
    which
    is a tributary
    of the Illinois River and drainage
    from
    the area entets this
    fork.
    The City has made efforts
    to cover
    the
    c~LtCCS
    wnere
    leaching occurs and has added to
    the cover
    on several
    occasions (R.75,78,80),
    The City of Macorub
    was aware of leachate at the landfill
    site
    as
    early
    as
    July
    1972
    (R.75).
    The City hauled dirt
    into
    the
    landfill
    in an attempt
    at increasing the cover
    (R.75).
    Also in 1972 an attempt
    was made to lime and seed
    the iandf
    ill
    (A.7~3).
    The
    City attempted, at the recommenda-
    tion
    of
    the
    Agency,
    to
    use
    a berm to divert water into
    a
    channel
    so water would not permeate the landfill
    (R.79,80).
    Lime
    sludge
    has
    also been
    applied
    to
    the
    landfill
    in attempts
    to cover
    (R,109,1lO),
    The record does not state on whose
    authority
    this
    was
    done.
    There
    is testimony from an Agency
    witness,
    Mr. William C.
    Child,
    Regional Supervisor from the
    Central
    Region, that lime
    sludge would “help neutralize some
    of the
    constituents within the
    leachate
    .
    .
    .“
    and that it
    would also
    hei~~‘promote
    vegetative growth” and help “get
    the
    evapotranspiraticn
    rate up for the landfill to get the
    water balance correctt’
    (R.52).
    There is no testimony stating
    there were any
    harmful
    effects.
    At the hearing it was sug-
    gested
    that the lime sLudge
    was “dumped” because of the
    convenience
    of the
    site.
    Examination of motive and the apparent
    good faith efforts to prevent the leaching leads the Board
    to reject
    the theory that the
    City
    was
    dumping its sludge for
    convenience.
    Two feet of
    final cover was placed in 1970
    (R.100).
    In Agency
    inspections in 1973 and 1974, cover was
    found adequate
    but
    eroding
    (EPA Exs.
    #4,10,12,15).
    The nature
    of the site
    is such that it
    erodes easily and
    is an unstable
    slope.
    The
    City of
    Macomb has only attetapted to repair and
    maintain
    the
    Cover.
    There
    is
    no evidence of bad faith on the
    part
    of
    the City.
    On
    the
    contrary correspondence shows that
    the City
    has responded quickly
    and offered only cooperation
    with the
    Agency
    (EPA
    Ex.
    24).
    That the City has been running
    a landfill has
    not
    been shown
    as admitted by the Agency’s own
    counsel in closing
    (R,148).
    The Board therefore dismisses
    the allegations
    of
    Count
    I.
    21
    236

    Bet~eei
    ~i
    9
    J373 and August 21,
    1975 demolition
    waste was aua~
    r
    he
    ~te by persons unknown
    (R.40,41).
    This was e
    a~‘~ri~ntLy-leaned up by the City Street
    Department
    ~R. u~i
    aria authorization for a fence
    to limit
    access to the cite has also been given by the
    Mayor
    (R,81).
    The duriping of
    i.aste without proper cover in
    accozdance
    ‘i
    the Solid Waste Regulations
    is
    a violatior
    of the Ac~
    The Board does
    find the ole
    n
    a
    reit lack of permanent environ-
    mental dana’
    i
    ctira factor~. With respect to the
    remainder of
    $111
    a ea
    the Board finds that two
    feet of ~n
    cv
    r
    ac
    c~npieced in accordance with Rule
    305(e)
    of ~-1
    ~
    Reguiltions and that further cover-
    ing
    i
    CLL~~e~
    tmbe Board therefore
    finds
    t
    Utior
    f Rule 305(c)
    and See—
    tior
    I
    .
    espect to the demolition waste,
    Couit
    IJ
    go
    v
    ations of Rules
    406 and 408 of
    the
    CtciL
    PoJ
    t or Regulations and of Rule 313
    of the “ol d
    ?
    e~
    o
    s and Section 21(b)
    of the Act.
    The
    Acrl ~y
    ~
    t
    ~c~chatewas found either in ponds
    or dreir
    c
    A
    ~
    etor
    £ the La Moine River on
    July ~l
    3
    3
    October
    1,
    1973, November 6,
    1973
    lA~’~u’~
    ‘~e’~y0,
    i97t~,July 18, 1974,
    October
    3,
    19
    5, June 9,
    1975, August 21,
    1975 and ~e t rl~r23
    97
    This was substantiated
    by
    witnesse~ t
    t
    ?.
    1cr ~ng
    (R 11,14,16,19 25,35,40,52)
    and
    by
    their report~
    ~ lx
    1)
    Actual samples of leachate
    were tile
    u
    rher
    14
    1973.
    Of the four
    sample
    r ‘~r
    p
    1 and 2, were in violation of
    the eff1ier~
    r
    I
    I~fcr ammonia nitrogen in Rule 406 of
    Chapter
    Watt-~~c £u~onRegulations.
    All four samples
    exceeded
    i
    f the effluent regulation,
    Rule 40S~
    C
    ilt
    Pilution Regulations.
    Sample
    number
    ‘~
    ‘ia”
    r
    c rec ly into the La Moine River
    (R,17),
    With certain a ~-irnptionsthese samples could,
    as alleged,
    be taker
    to u
    a~ion~of Rules 406 and 408 of the Water
    pollutior
    A’~j
    rver, Ru e 104 of these regula-
    tions cer~
    t or of
    ‘eff1uent~ around “waste
    water.”
    Tro
    I cc •o
    indicate liquid wastes were
    deposited
    ct
    ii
    ~e
    therefore,
    it
    is questionable that
    the standard
    ~or ~f
    f
    u~ntsshould be applied to these seep-
    ages.
    Ii
    addil
    r~
    if
    ile interpretation is that the
    seepage
    rs
    ar
    f~Luerit,the recorded flow rate and con-
    centration (~P F
    of
    J
    to
    2 gal/mm. with a concentration
    of
    0
    3
    mg/i art
    nrc N of the sample directly discharging into
    the La Moine A
    o ld ~a 1 to prove
    a violation of Rule
    406.
    No
    too
    v
    rr~e?as givea to permit an estimation of
    ammonia ritr
    e
    c~
    ~eirg
    the river by subsurface flow.
    We
    must dismr~
    t
    Jieged violation of Rule 406.
    21
    237

    —4—
    In its definition of effluent, Rule 104 specifically
    mentions runoff from land used for disposition of sludge.
    Since the Respondent did apply lime sludge it is possible
    to find
    a violation of Rule 408.
    However,
    in the absence
    of clear proof that the seepage is derived from runoff from
    the sludge and that the seepage
    is in fact an effluent, we
    also dismiss the alleged violation of Rule 408.
    The Board
    has no difficulty in finding a violation of Rule 313 of
    the Solid Waste Regulations which provides:
    No person shall cause or allow operation of a
    sanitary landfill so as to cause or threaten or
    allow the discharge of any contaminants into the
    environment in any State
    so as to cause or tend to
    cause water pollution in Illinois, either alone
    or in combination with matter from other sources,
    or so as to violate regulations or standards adopted
    by the Pollution Control Board under the Act.
    The Board has previously stated that allegations of
    violations of Section 21(b) must set forth a specific
    regulation as violated.
    This regulation must relate to
    the manner or method in which the disposal site
    is operated.
    A violation of Rule 313 in this case is not so closely
    related to the manner or method of operation as to con-
    stitute a violation of Section 21(b)
    of the Act as alleged
    in Count III.
    Therefore,
    the allegation of violation of
    Section 21(b)
    of the Act in Count III
    is dismissed.
    In this case the main concern of the Agency and the
    City of Macornb is that this problem be resolved.
    Both
    the Agency and the City of Macomb had qualified people,
    Mr. William C.
    Child and Mr. Raymond L.
    Childs, respectively,
    testify as to the nature of the problem and possible solutions.
    For the most part these two witnesses agreed on the analysis
    of the situation.
    Mr. William Child of the Agency testified
    that the refuse at this site sits on rather impermeable clay
    and that water filtering through the cover and the refuse
    would then run down the steep slope of the clay to the toe
    of the landfill to the La Moine River bottom
    (R.53).
    He
    suggested two courses of action to alleviate the situation.
    First, it is necessary to stop the infiltration of water
    falling on the surface of the landfill and secondly,
    to make
    a clay barrier or dike at the bottom of the landfill to hold
    the water already in the landfill.
    Also the clay should help
    purify the leachate
    (R.53,54).
    Mr. Child on the assumption
    the City could get dirt from other municipal projects
    estimated that the work could be done for a maximum of
    $50,000.
    Mr. Raymond L.
    Childs agreed with the Agency’s
    suggestions
    (R.l29) but noted that at this point in time
    there
    is
    rio
    sure way to control the leachate
    (R.l27).
    21
    238

    —5—
    The City of Maccmb has already put considerable
    time
    and
    money into correcting this situation.
    In 1972 the City
    paid $7,360 to Leroy Brown
    and
    Sons for moving dirt
    and
    bulldozing at the site in question (R.83).
    In 1974 dirt
    and
    clay were hauled to put on the leachate eruptions
    CR.83).
    This project included three to four weeks of continuous
    work involving hauling with
    two
    trucks.
    The City
    has
    also
    done other interim covering
    (R.121).
    Macomb is a city of
    20,000 people.
    It is without an industrial
    tax
    base.
    The
    City has a $220 million assessed valuation which is
    tax
    free in the form of Western Illinois University
    (R.157).
    The City is not a
    home
    rule
    unit
    (R.157)
    and
    the garbage
    levy is about $100,000,
    which
    is about
    two
    mills, the
    maximum by Illinois State Statute (R.91).
    The City is
    presently confronted with subsidizing the garbage levy
    out
    of
    the
    Corporate-General
    account
    CR. 97).
    The
    Board
    agrees
    that
    the
    important
    issue
    here
    is
    the
    resolution
    of
    the
    problem
    leachate.
    The
    allegation
    of
    violation of Rule 202(b) (1) of the Solid Waste Regulations,
    the allegation of violations of Rules 406 and 408 of
    Chapter 3: Water Pollution Regulations
    and
    the allegation
    of violation of Section 21(e) of the
    Act
    are
    dismissed.
    The
    Board does
    find the City of Macomb is in violation of
    Rules
    305(c) and 313 of the Solid Waste Regulations and Section
    21(b) of the Act.
    Because of the City’s efforts to alleviate
    the
    problem,
    its cooperative response
    to
    the
    Agency
    suggestions,
    and
    the
    relatively
    small
    size
    of
    the
    city,
    the
    Board
    finds
    that
    no
    penalty
    is
    warranted.
    However,
    the
    Board
    does
    require
    that
    the
    City
    of
    Macomb
    submit
    a
    plan
    to
    the
    Agency
    within
    90
    days
    to
    restore
    the
    site
    in
    accordance
    with
    Regulations.
    The
    Agency
    shall
    continue
    to
    monitor
    the
    site
    periodically.
    The
    City
    will
    cause
    corrective
    measures
    in
    the
    event
    of
    further
    seepage
    so
    as
    to
    prevent
    pollution.
    Other
    than
    in
    accordance
    with
    a
    compliance
    plan
    the
    City
    shall
    cease
    from
    dumping
    any
    refuse
    on
    the
    site
    and
    use
    its
    best
    efforts
    to
    prevent
    others
    from
    so
    doing.
    This
    constitutes
    the
    Board’s
    findings
    of
    fact
    and
    conclusions
    of
    law.
    ORDER
    It
    is
    the
    Order
    of
    the
    Pollution Control Board that:
    1.
    The
    alleged
    violation
    of
    Rule
    202(b)
    (1)
    of
    the
    Solid
    Waste
    Regulations
    and
    the
    allegation
    of
    violation
    of
    Section
    21(e)
    of
    the
    Act
    are
    dismissed.
    2.
    The
    alleged
    violations
    of
    Rules
    406
    and
    408
    of
    the
    Chapter 3:
    Water
    Pollution
    Regulations
    are dismissed.
    21—239

    —6--
    3.
    The City of Macomb
    is in violation of Rules
    305(c)
    and 313 of the Solid Waste Regulations and
    Section
    21(b)
    of the Act.
    4.
    The City of Macomb shall cease and desist any
    further use of the site in question except
    in accordance
    with regulations.
    5.
    The City of Maconib will submit to the Environ-
    mental Protection Agency within ninety
    (90) days of this
    Order a plan acceptable to the Agency to restore the site
    in accordance with Regulations.
    The Agency shall continue
    to monitor the site periodically.
    The City will cause
    corrective measures in the event of further seepage so as
    to prevent pollution.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opnion and Order
    were adopted on the
    ~
    day of
    __________,
    1976 by a
    vote of
    ~
    C ristan
    .
    o
    ett,
    Illinois Pollution Co
    1 Board
    21
    —240

    Back to top