ILLINOIS POLLUTION CONTROL BOARD
June 7, 1973
ENVIRONMENTAL PROTECTION AGENCY
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PCB 73-59
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METRO DISPOSAL SYSTEMS, INC.
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OPINION ANI) ORDER OF THE BOARD (by Mr. Dumelle)
This is an enforcement action involving numerous alleged
violations of the Act and the Rules and Regulations for Refuse
Disposal Sites and Facilities. Hearing was held on March 28, 1973
at which time the defendant did not appear even though proper notice
was given. The only evidence in the record, therefore, is from the
Agency. The site is located near Fairmont in St. Clair County..
The testimony shows that portions of the landfill were being
operated without an Agency permit. We find that to bea violation
of Section 21(e) of the Act.
It is alleged that Metro deposited contaminants on the land in
such place and manner so as to create a water pollution hazard,
in violation of Section 12(d) of the Act. Water samples taken at the
site show high levels of pH, sodium, iron and lead, One inspector stated
that he believed it was sodium. hydroxide that was being dumped. (R.17)
The inspectors observed many instances of leachate on the site and
also flowing off into a drainage ditch and eventually to the Mississippi
River.
They
also observed a yellow paint-like liquid, paper pulp,
scum and brown bottle washing liquid in standing water on the site.
We find that these violations of Section 12(d) occurred on July 21,
and July 22, 1971, May 4, July 19, July 25, December 7, December 15,
December 21, and December 22, 1972.
It is alleged that Metro failed to provide daily cover in viola-
tion of Rule 5.07(a) of the Rules. The inspectors testified that
on the dates in question the cover was either too thin or too sandy
or non-existent altogether.
We find that the daily cover violations occurred on July 21,
July 22, October 13, October 18, October 19, October 20, October 22,
October 26, November 3, November 8, November 19, November 30,
December 9, December 10, December 13, December 17 and December 29, 1971,
January 31, February 1, March 14, March 15, May 4, June 8, July 19,
July 25, July 26, October 17, December 7 and December 21, 1972.
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It is also alleged that Metro failed to provide final cover
since October 13, 1971, in violation of
Rule
5.07 (b). We find
that to be true but only for those area of the landfill which
had been filled
and
not used
any
more. The other areas were treated
as daily cover violations.
It is alleged that Metro caused or allowed the depositng
of liquids or hazardous materials at the site without written approval
from the Agency, in violation of Rule 5.08. We find that liquids
such as yellow paint and brown bottle washing fluid were deposited
without written approval on July 21, July 22, December 29, 1971,
May
4, July 19, July 26, December 7, December 15, December 21 and
December 22, 1972, in violation of Rule 5.08.
There are also allegations of open dumping of garbage and
refuse under Sections 21(a) and 21(b) of the Act respectively and
Rule 3.04 of the Rules. Section 3(h) of the
Act
defines open dumping
as “the consolidation of refuse from one or more source at a central
disposal site that does not meet the requirements of a sanitary land-
fill.” Section 3(1) of the Act provides that in order for a site
to be a sanitary landfill the refuse must, among other things, be
properly covered. Consequently, wherever we would find a violation
for failure to cover we would also be able to find a violation for
open dumping. We will not, however, find two separate violations
for the same conduct. Since we have already found the violations
for failure to cover we will not find violations for open dumping
also.
This enforcement case was filed by the Agency on February 9,
1973. Yet the record clearly shows violation of the height limits of
the permit as long ago as October 4, 1971 CR. 27-29). Since on this
date Metro Disposal Systems, Inc. was: at least nine feet over its
allowed height limit, the Agency should have promptly filed this
case then and not 16 months later. The landfill is now 19 feet over
the
permitted level (R. 32, 39) and a situation has occurred which
might have been held to a lesser violation had prompter action been
taken.
The record is replete with testimony of warnings by Agency
personnel to Metro that landfilling was occurring in an area where
no permit
had
been issued (R. 43, 45, 46, 47, 50). Because of the
repeated
and
blatant violations we revoke the permit at the site
and order it closed and final cover applied within 90 days.
Under the circumstances
and
in the absence of any evidence
in mitigation we will assess a penalty of $2,500 for the violations
we have found.
This opinion constitutes the Board’s findings of fact and
conclusions of law.
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ORDER
1,
The permit to operate a landfill at this site is revoked.
2. Metro Disposal Systems, Inc. shall apply final cover and
close the site within 90 days from the date of this opinion.
3. Metro Disposal Systems, Inc. shall cease and desist from
violating the rules and regulations regarding refuse
disposal.
4, Metro Disposal Systems, Inc. shall pay to the State of
Illinois by July 15, 1973 the sum of $2,500 as a penalty
for the violations found in this proceeding. Penalty payment
by certified check or money order payable to the State of
Illinois shall be made to: Fiscal Services Division, Illinois
Environmental Protection Agency, 2200 Churchill D±ive,
Springfield, Illinois 62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
i~”
day of June, 1973 by a vote of
4/_p
C ristan L. Mo ett, er
Illinois Pollution C rol Board
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