ILLINOIS POLLUTION CONTROL BOARD
    December 12, 1972
    ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    )
    Complainant,
    vs.
    )
    WILL
    COUNTY
    LANDFILL,
    INC., a
    )
    corporation, BEN HESLINGA, and
    LEWIS
    COLLEGE,
    a
    corporation,
    )
    Res~ondents,
    )
    and
    )
    PCB
    72—13
    )
    WILL
    COUN2Y
    LANDFILL,
    INC.,
    )
    an
    Illinois
    corporation,
    and
    )
    BEN
    HECLINGA,
    )
    wonca:~ts and
    Third-Party
    )
    ..cmplainants,
    )
    )
    vs.
    )
    )
    ~S2ATE OF PATRICK D. FAHEY, Deceased,)
    )
    and
    SPIRLEY
    FAREY,
    EXECUTOR,
    )
    flUrd-Party
    Rosoondent.
    )
    )
    and
    )
    )
    LET-uS COLLEGi,
    a corporation,
    )
    )
    Third--Party
    Complainant,
    )
    )
    vs.
    )
    ESTATE
    OF
    PATRICK
    D.
    FAIIEY,
    Deceased,)
    )
    and
    SHIRLEY FAHEY and NORMAN CODO,
    )
    EXECUTORS,
    )
    )
    Third Party Respondents.
    )
    Douglas Moring, Assistant Attorney General for the EPA
    Oscar R. Kuehn, Attorney for Will County Landfill, Inc.
    and
    Ben
    Heslinga
    Daniel L. Kennedy, Attorney for
    Lewis
    College
    Thomas
    C.
    Moran
    and
    Alec
    Bond,
    Attorneys
    for
    Patrick
    Fahey
    Estate,
    Shirley
    Fahey
    and
    Norman
    Codo
    6—427

    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Henss)
    Lewis Colleae owns land in Lockport, Illinois upon which a
    landfill
    has
    been operoted for a rumber of years.
    The land was
    leased
    tc
    Patrick
    Fahev,
    who
    in twr~leased to Will County Land-
    fill,
    Inc.,
    the current onerator
    ci
    the
    landfill.
    Ben
    Heslinga,
    an
    employee of Will County Landfill,
    Thc.
    is alleged to be the rnanacrer.
    The Environmental Protection Agency charecs
    that Resuondents,
    the current onerators
    and owner of the premises
    have
    been guilty
    of open dumnica of
    aarba~e
    and refuse,
    and failure to confine
    dumninc
    of refuse to the smallest przctical ar~a.
    The
    EP
    also
    or:ces
    the
    crorators,
    Yil.i
    Cc’unt~’ Lanafill,
    Inc.
    and
    Ben
    Eesl.inoa,
    with failure to cover
    the
    refuse
    or:.
    a
    dcliv
    basis,
    discharqing
    sewaae without a permit, failure
    to
    spread
    and compact refuse and
    a number
    of
    :eousekeepina
    violations,
    i.e.
    failure
    to
    supervise
    unloadiag,
    failure
    to
    nrcvide
    portable
    fencing
    to
    reduce
    the blowing
    of
    litter,
    failure
    to police
    the
    area
    and
    provide
    adequate
    eauipr~ent
    and
    failure
    to
    prevent
    scavenging.
    Further,
    it
    is
    alleced
    that
    the
    landfill
    is
    being
    operated
    without
    a
    mermit
    in
    violation
    of Section 21(e)
    Illinois Environmental Pro-
    toctlTn Act.
    All Ru~pondentshove filed Third-Party Complaints against the
    state of Patrick
    D. Fahev~deceased and the Executor of
    the
    Estate
    recuestinc indemnity under
    the
    terms of
    a lease or alleging that
    Fahe~breached the terms of the lease.
    Fahey
    moves
    to dismiss the
    :hi~h-Party
    Complaints
    on
    jurisdictional grounds and for a number of
    reasons
    which
    would
    involve
    a
    consideration
    of
    the
    terms
    of
    the
    lease.
    Ye entertain jurisdiction over the Fahey Estate solely because
    the
    Fahey
    Estate
    may
    have
    a right of possession to the site under
    certain circumstances.
    Ye
    do
    not determine the rights of the parties
    for indemnit:, under the lease or for a breach of contract.
    For a
    determination of these issues the parties must resort
    to a court of
    law.
    We assert jurisdiction only to decide those issues relating
    to
    the muality of our environment.
    Upon
    trial
    the
    EPA submitted testimony of its
    inspectors
    alona
    with
    a
    numJ~er of
    inspection
    reports
    and
    ohotographs
    of
    the
    landfill
    site.
    It appears that on
    a number of occasions there was inadequate
    daily cover.
    There was
    also
    a rather frequent finding of blowing
    litter
    at the
    site.
    The testimony revealed
    that there are
    two
    tractors
    available and they were
    kept
    in
    operation
    for
    ten
    hours
    a day,
    six
    days
    a week during
    good,
    weather
    for
    the
    purpose
    of
    covering
    the
    refuse,
    hut
    in
    spite
    of
    this
    the
    cover
    was
    not
    always
    adeouat::.
    The Director of Environmental Health for the Will County Health
    Denartnent, Robert Murray,
    testified that the over all operation of
    the landfill was good.
    He stated that the only problem was an
    occasional shortage of cover material.
    The refuse was generalJu’
    cornacted when
    it was received and the majority of
    the
    arca was covered.
    6
    428

    —2
    -
    There was also evidence that liquid wastes and sludge were
    deposited at the landfill,
    however, we do not find
    this to be
    a
    violation since it was anparently done with permission
    of the EPA
    and
    at
    the request of the Will County Department of Public Health.
    A letter signed by the Director of the Environmental Protection
    Agency,
    authorized the landfill operator to accept liquid wastes.
    This letter had been written only after a site inspection by the
    Chief of the Bureau of Land Pollution Control, Environmental Pro-
    tection Agency.
    This permission for the dumping of liquid wastes
    was later withdrawn, but the President of the landfill company,
    Van Heslinga, testified that he then terminated the receipt of
    limuid waste~
    The landfill operator introduced into evidence letters from
    the EPA stating
    that the site was being operated in general compliance
    with the requirements of the Agency and the Environmental Protection
    Act.
    We find, however, that there were violations from time to time
    of
    a housekeeping nature,
    i.e. blowing litter, failure
    to prevent
    a:.onging and in particular the failure to apply adequate daily
    L.
    The crinciple problem
    in this
    case is
    that the landfill
    is being
    operated wi..hout
    a permit.
    Will County
    Landfill,
    Inc.
    in February,
    1972
    did
    anuly for a permit to operate
    a landfill,
    and,
    at the request
    of
    the EPA,
    submitted. an engineering study.
    Based upon that engineering
    data
    the EPI
    in September
    1972 denied a permit.
    The landfill site is located in an old gravel pit with terrain
    that slopes toward the Des Plaines River.
    Test borings indicated
    that some of the refuse in years past had been devosited on the bed’-~
    rock and some on thin layers of waste sand—gravel material lying
    over the bedrock.
    The test also indicated that li”uid would pass
    through the waste sand~-gravellayer at the rate of
    ai:cut 25 de3t per
    day.
    Ground water
    flows toward the river at
    a rate of about 0,2 feet
    per day.
    Shallow wells are located between the landfill and the river.
    The permit was denied because of the
    good. possibility which exists
    that the ground water could become contaminated resulting in pollution
    of the wells and the river,
    No evidence of collution from leachate
    had actually been submitted
    but
    the EPA indicated
    that
    the hazard did
    exist.
    The rejection of the permit included a statement that the
    Agency would be glad
    to review additional engineering if provided.
    This landfill serves approximately lOO..000 people located in
    seven municipalities.
    Around thirty or forty truch orerators use
    the facility.
    Replacing such
    a facility could take
    a considerable
    amount of time.
    This fact along with the lack of any evidence of
    immediate water pollution persuades us that the landfill operator
    should have
    a reasonable
    period, of time to
    ake an additional effort
    at producing the reciuired engineering data for the issuance of a
    permit.
    We
    will allow until May
    1,
    1973 for this purpose.
    If
    a
    6
    429

    —3—
    permit has not been issued within that time or any extensions thereof
    the landfill shall be closed and final cover applied along with appro-
    priate grading.
    For the violations found in this Opinion we will impose
    a penalty
    in the amount of $1,000 against Will County Landfill,
    Inc.
    Other
    Respondents were apparently not active in the operation of the land-
    fill and we will not impose a monetary penalty upon them.
    ORDER
    It is ordered that:
    1.
    Respondents cease and desist from their violations
    of the Environmental Protection Act found herein.
    2.
    Respondent Will County Landfill,
    Inc.
    shall close
    the landfill site and apply final cover and appropriate
    grading subject to EPA approval if an EPA permit for
    the operation of the landfill has not been issued by
    May
    1,
    1973.
    This Order for closing shall also apply
    to all parties who may have a right of possession and
    shall apply to Lewis College as owner of the premises.
    3.
    Will County Landfill,
    Inc.,
    a corporation,
    shall pay to
    the State of Illinois by January 20, 1973 the sum of
    $1,000 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 EPA,
    2200 Churchill Drive, Springfield,
    Illinois
    62706.
    4.
    All Third—Party claims for indemnity or breach
    of
    contract are dismissed without prejudice.
    I, Christan L. Moffett, Clerk of
    the Illinois Pollution Control
    Board hereby certify the above Opinion and Order was adopted this
    /~4’tday of December,
    1972 by
    a vote of
    ‘1
    to
    O
    .~
    ~
    I
    Christan L. Moffett,
    Clerk
    Illinois Pollution Control Board
    6
    430

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