PROCEDURE FOR CONTESTINGTHIS ADMINISTRATIVE CITATION
REMITTANCE FORM

BY:Lg4ft&ø CH?ZEM
RECEIVED

RECEIVED

CLERK’S

OFFECE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

MAY

2003

ADMINISTRATIVE CITATION

STATE OF ILLINOIS

COUNTY OF VERMILION,

ILLINOIS,

)

Pollution

Control

Board

)

Complainant,

)

AC No.

)

County File No.

)

BRICKYARD DISPOSAL AND RECYCLING,

)

INC.,

Respondent.

)

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the

Illinois Environmental Protection Agency by sections 4(e) and 31.1

ofthe Illinois

Environmental Protection Act (“Act”), 415

ILCS

5/4(e),

5/31.1, and delegated to

Vermilion County pursuant to section 4(r) of the Act, 415

ILCS

5/4(r).

FACTS

Respondent, Brickyard Disposal and Recycling, Inc., is,

and was at all times

relevant to this Administrative Citation, the operator of a facility located at

601

East Brickyard Road, Danville, County ofVermilion, State of Illinois.

Said property is operated as a sanitary landfill, operated under Illinois

Environmental Protection Agency Operating Permit No. 1994-419-LFM, and

designated with Illinois Environmental Protection Agency Site Code No.

1838040029.

On March

17,

2003, Douglas Toole and LeeAnn Chezem ofthe Vermilion

County Health Department inspected the above-described property.

Douglas

Toole and LeeAnn Chezem’s Affidavit and a copy oftheir inspection report

are attached hereto and made a part hereof by reference.

VIOLATIONS

On the basis ofthe direct observation of Douglas Toole and LeeAnn Chezem, the

County ofVermilion has determined that on March

17,

2003, Respondent was

conducting

a sanitary landfill operation at the above-described facility, which is required

to have a permit pursuant to 415

ILCS 5/21(d) ofthe Act, 415 ILCS

5/21(d), in a manner

which resulted in

the following conditions:

uncovered refuse from a previous operating day was present at the site at

the time ofthe above-mentioned observations and inspection, in

violation

of section 21(o)(12) of the Act, 415 ILCS

5/2l(o)(l2), which provides no

person shall conduct a sanitary landfill operation in a manner which

results in uncovered refuse remaining from any previous operating day;

the gas collection system at the site was not designed and

operated in a

way that ensured the methane concentration standards were not exceeded,

in violation of 35 Illinois Administrative Code

811.31 1(d)(2), which

provides the operator shall design and operate the gas

collection

system

so that the standards ofsubsections

(a)(l), (a)(2), and (a)(3), which pertain

to methane concentration, will not be exceeded.

CIVIL PENALTY

Pursuant to section 42(b)(4) ofthe Act, 415

ILCS

5/42(b)(4), Respondent herein

is subject to

a civil penalty of Five Hundred Dollars ($500.00) for each ofthe above-

mentioned violations.

Additionally, should Respondent elect to

petition the Illinois

Pollution Control

Board under the review process described herein, and if there is a

finding of the violation alleged herein after an adjudicatoryhearing, Respondent shall be

assessed the associated hearing costs incurred by the Illinois Pollution Control Board, in

addition to

the Five Hundred Dollar ($500.00) statutory penalty for each violation.

PROCEDURE FOR CONTESTING

THIS ADMINISTRATIVE CITATION

You have the right to contest this Administrative Citation under section 31.1(d) of

the Act,

415 ILCS 5/31.1(d).

Ifyou elect to contest this Administrative Citation, you

must file a Petition

for Review with the Clerk ofthe Illinois Pollution Control Board, at

the State of Illinois Center,

100 West Randolph Street, Suite 11-500, Chicago, Illinois

60601.

Such Petition for Review must be filedwithin thirty-five (35) days ofthe date of

service ofthis Administrative Citation, or a default judgment will be issued by the Illinois

Pollution Control Board.

A copy of the Petition for Review should be filed with the

Vermilion County State’s Attorney’s Office,

7 North Vermilion Street, Danville, Illinois

61832.

If you acknowledge the violation cited herein, the civil penalty specified

above

shall be due and payable no

later than June

16, 2003.

If you do not petition the Illinois

Pollution Control Board for review ofthis

Administrative Citation within thirty-five (35)

days of service hereof and have not paid the civil penalty by the due date stated above, or

if you elect to contest this Administrative Citation, any judgment rendered shall specif~’

the due date ofthe statutory civil penalty and any costs assessed against you. (Get date)

When payment is made, your check should be made payable to the County of

Vermilion, Illinois, and mailed to the Vermilion County Health Department, 200 South

College

Street, Danville, Illinois 61832, together with a completed copy ofthe

Remittance

Form attached hereto.

If any civil penalty, by reason of acknowledgment, default or finding after

adjudicatory hearing, is not paid when due, the Vermilion County State’s Attorney may

initiate proceedings in the Circuit Court to

collect said civil penalty.

In addition to the

previously assessed civil penalty and any hearing costs of the Illinois Pollution Control

Board, the State’s Attorney’s Office will seek to recover its costs of litigation.

Dated:_______

__________________

Frank R. Young

State’s Attorney for Vermilion County

Assist

t State

Attorney

Prepared by:

Jennifer Riggs

Office of the State’s Attorney

N. Vermilion

St.

Danville, IL 61832

217-431-2570

REMITTANCE FORM

IN THE MATTER OF

)

BRICKYARD DISPOSAL AND

)

AC No.

02,

RECYCLING, INC.,

)

County File No. t*O~

)

Respondent

)

Facility/Property:

Brickyard Disposal and Recycling, Inc.

County:

Vermilion

Date of Inspection:

Marcy 17, 2003

Site Code No.:

1838040029

Civil Penalty:

$500.00 for each violation

$1000.00

Date Remitted:

__________________

SSN/FEIN No.:

______________

Signature:

__________________

NOTE

Please enter the date of your remittance, your Social Security Number (SSN)

if an

individual, or Federal Employer Identification Number (FEIN) if a business, and sign this

Remittance

Form.

Your check should be made out to the County of Vermilion, Illinois.

sure your check is enclosed with this Remittance Form and mail to: Vermilion

County

Health Department,

200

College Street, Danville, Illinois 61832.

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AFFIDAVIT

IN THE

MATTER OF

)

BRICKYARD DISPOSAL AND

)

AC No.

____

RECYCLING,

INC.,

)

County File No. c~

Respondent.

The Affiants, Douglas Toole and LeeAnn Chezem, being

first duly

sworn,

voluntarily deposes and states as follows:

Affiants

are

field inspectors employed by

the Vermilion County Health

Department and

have been so employed at all

times pertinent hereto.

On March

17, 2003, between 6:00 and

7:15

a.m., Affiants conducted an

inspection of a sanitary landfill within the County of Vermilion,

State of

Illinois, known as Brickyard Disposal and Recyclying, Inc.,

operating under

IEPA Permit No.

l994-419-LFM.

Affiants inspected the Brickyard Disposal

and Recycling, Inc.

site by an on-

site inspection,

which included walking on the site.

Prior to

said inspection. Affiants had

reviewed Illinois Environmental

Protection Agency permits issued

to the subject site.

a result of the activities

referred to in paragraphs 2,

and 4 above, Affiants

completed the Solid

Waste Landfill Inspection Checklist, with the

accompanying Inspection Report Narrative,

Site Sketch

and photographs,

attached hereto and

made a part hereof, which, to

the best of Affiants’

knowledge and belief,

an accurate representation of Affiants’

observations

and

factual conclusions with respect to Brickyard Disposal and Recycling,

Inc.

on March

17,

2003.

SIGNED and

SWORN to before me

Toole and LeeAnn

Chezcm.

(

Douglas Toole

—teeA9n Chezem

this/fr

day of May, 200~,,

by Douglas

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

811

Solid

Waste Landfill Inspection

Checklist

County:

VERMEL.l

OpJ

LPC#:

183

30j1009

Location/Site

Name:

Date:

3117103

Time:

From

C;XA.fl.

7:/5,tfl.

Inspector(s):

&u&&4s

~tE

&Ei400 C/ft2

No.

of Photos Taken:

Interviewed:

Qgpprj

Ai~Jcb1’,hacwELL.E

ROBERTS

Permitted

Owner Mailing Address

BAecicvaRo

Q,sPoTh~..

+flecyaiNG.,

NC.

P.o.Bo?

995

O4,ws4Le~

is..

6,83y-cnS

Chief Operator Mailing Address

P.o.

Sos

935.

QAPJVl~(f

It.

~,gjY-o?8S

AUTHORIZATION:

OPERATIONAL

STATUS:

Significant Modification Permit

Operating

Initial:

I~9’( ‘IIi

~LPI~

Closed-Not Certified.

Latest

MoO,Pc’tfloM

“37

Closed-Date Certified:

INC.

IXJ

Facility Phone

No:

(au)

ff3

3W9

BmcsvJRO

QisPosA’-

R~cv~~IN4

bc.

P.°,

Box

~8S

OA~w~~e~

~:~jq-o9g5

Certified Operator Mailing Address

SAnr

pa,

øos

1s6

QANW~~.E~

TYPE OF

OPERATION:

Existing

Landfills

814-Subpart.C

814-Subpart D

New Landfills:

811-PutresiChern.

SECTION

DESCRIPTION

VIOL

______

ILLINOIS ENVIRONMENTAL

PROTECTION ACT REQUIREMENTS

9(a)

CAUSE, THREATEN OR ALLOW AIR

POLLUTION

IN ILLINOIS

9(c)

CAUSE

OR ALLOW OPEN

BURNING

12(a)

CAUSE, THREATEN OR ALLOW WATER POLLUTION

ILLINOIS

12(d)

CREATE A WATER POLLUTION

HAZARD

12(f)

CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN

VIOLATION OF AN

NPDES

PERMIT

21(a)

CAUSE

OR ALLOW OPEN

DUMPING

21(d)

CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT,

OR WASTE- DISPOSAL

OPERATION:

(1)

Without

a Permit or in Violation

of Any Conditions of

Permit

(See

Permit

Provisions)

(2)

In Violation

of Any

Regulations or Standards Adopted

by the Board

21(e)

DISPOSE, TREAT, STORE,

OR ABANDON ANY WASTE, OR

TRANSPORT ANY WASTE INTO THE STATE AT/TO

SITES

NOT

MEETING REQUIREMENTS

OF ACT AND

REGULATIONS

21(f)(1)

CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR

DISPOSAL OPERATION WITHOUT A RCRA

PERMIT.

~*JW.i-E

(

3RscflatRt

DiSPOSAL

R~cvcur.i&,

Region:

Weather

1142?,

DRY,

50°F

Inspection

Date:

11/13/0?

Samples Taken:

Yes #

Permitted Operator

Mailing Address

Revised 06/18/2001

(811 Solid Waste-I)

LPC

jf3~0VC09

Inspection

Date:

3/il/43

10.

21(o)

CONDUCT A SANITARY LANDFILL OPERATION WHICH

RESULTS

ANY OF THE

FOLLOWING

CONDITIONS:

(1)

Refuse in

Standing

or Flowing Water

(2)

Leachate

Flows Entering Waters of the State

(3)

Leachate Flows

Exiting the Landfill Confines

(4)

Open

Burning

of Refuse in Violation of Section

9 of the Act

(5)

Uncovered

Refuse

Remaining

From Any Previous Operating

Day

or at the

Conclusion

of Any_Operating_Day

(6)

Failure to Provide

Final Cover Within Time

Limits

Acceptance

of Wastes Without Necessary Permits

(8)

Scavenging

Defined_by_Board_Regulations

(9)

Deposition of Refuse

in Any Unpermitted Portion

of the

Landfill

(10)

Acceptance

of Special Waste Without

Required Manifest

(11)

Failure to

Submit Reports

Required

Permits or Board

Regulations

(12)

Failure to

Collect and

Contain Litter by the End

of each Operating

Day

(13)

Failure to

Submit Any Cost

Estimate, Performance

Bond or Other Security

11.

21(t)

CAUSE

OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID

WASTE

LANDFILL (MSWLF)

UNIT WITHOUT A PERMIT

MODIFICATION

12.

21.6(b)

ACCEPTANCE

OF LIQUID USED OiL FOR FINAL DISPOSAL

(EFFECTIVE JULY 1,

1996)

13.

22.01

FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE

14.

22.17

LANDFILL POST-CLOSURE_CARE

(a)

Failure to

Monitor Gas, Water,

Settling

(b)

Failure to

Take Remedial Action

15.

22.22(c)

ACCEPTANCE

OF LANDSCAPE WASTE

FOR FINAL

DISPOSAL

16.

22.23(f)(2)

CAUSE

OR ALLOW THE

DISPOSAL

OF ANY LEAD-ACID

BATTERY

17.

22.28(b)

ACCEPTANCE OF WHITE GOODS FOR

FINAL DISPOSAL

18.

55(b(1)

ACCEPTANCE OF ANY

USED OR WASTE TIRE

FOR FINAL DISPOSAL

(UNLESS LANDFILL MEETS

EXEMPTION OF

55(b)(1))

19.

56.1(a)

CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY

INFECTIOUS_MEDICAL WASTE

SOLIDWASTE SITE OPERATOR

CERTIFICATiON LAW REQUIREMENTS

20.

225 ILCS

230/1004

CAUSING

OF ALLOWING OPERATION

OF A LANDFILL WITHOUT

PROPER COMPETENCY CERTIFICATE

33 ILLINOiS ADMiNISTRATIVE CODE REQUIREMENTS

SUBTITLEG

PRIOR

CONDUCT

CERTIFICATION

REQUIREMENTS

21.

745.181

CHIEF

OPERATOR REQUIREMENTS

22.

745.201

PRIOR

CONDUCT CERTIFICATION PROHIBITIONS

;;y:

SPECIAL WASTE

HAULING

REQUiREMENTS

23.

809.301

REQUIREMENTS FOR

DELIVERY OF SPECIAL WASTE TO HAULERS

Revised 06/18/2001

(811

Solid Waste-2)

LPC#:

18380

‘joog”~

Inspection Date:

j4iI03

24.

809.302(a)

REQUIREMENTS

FOR ACCEPTANCE

OF SPECIAL WASTE FROM

HAULERS

25.

809.501

MANIFESTS, RECORDS, ACCESS TO

RECORDS,

REPORTING REQUIREMENTS

AND

FORMS

(a)

Delivery of Special Waste to

Hauler

(e)

Retention of Special Waste

Manifests

NEW SOLID WASTE LANDFILL REQUIREMENTS

GENERAL STANDARDS FOR

ALL

LANDFILLS

26.

811.103

SURFACE WATER DRAINAGE

(a)

Runoff from Disturbed Areas

(b)

Diversion

of Runoff from Undisturbed Areas

27.

811.104

SURVEY CONTROL

(a)

Boundaries Surveyed and Marked

(b)

Stakes and Monuments

Marked

(c)

Stakes and

Monuments Inspected

(d)

Control Monument

Established and Maintained

28.

811.105

COMPACTION

29.

811.1 06

DAILY COVER

(a)

Six Inches Soil

(b)

Alternative Daily

Cover

30.

811.1 07

OPERATING STANDARDS

(a)

Phasing of Operations

(b~

Work Face Size

and Slope

(c)

Equipment

(d)

Utilities

(e)

Maintenance

(I)

Open

Burning

(g)

Dust Control

(h)

Noise

Control

(i)

Vector Control

(j)

Fire Protection

(k)

Litter Control

(I)

Mud

TracJdng

(m)

Liquid

Restrictions for MSWLF

Units

31.

811.108

SALVAGING

(a)

Salvaging Interferes with Operation

flU

(b)

Safe and Sanitary Manner

(c)

Management of Salvagable Materials

32.

811.109

BOUNDARY CONTROL

(a)

Access Restzicted

(b)

Proper

Sign Posted

Revised 06/18/200

(811 Solid Waste-3)

LPC#:

18380h1001

Inspection

Date:

3/jl /aJ

33.

811.110

CLOSURE AND WRITTEN

CLOSURE PLAN

(a)

Final

Slopes and Contours

(b)

Drainage Ways and

Swales

(c)

Final

Configuration

(d)

Written

Closure

Plan

(e)

Initiation

of Closure Activities at MSWLF Units

Completion

of Closure Activities at MSWLF

Units

(g)

Deed

Notation for MSWLF Units

34.

811.111

POST-CLOSURE

MAINTENANCE

(a)

Procedures After Receipt of Final Volume

of Waste

(b)

Remove All

Equipment of Structures

(c)

Maintenance and

Inspection

of the

Final Cover

and Vegetation

(d)

Planned

Uses of Property

at MSWLF Units

35.

811.112

RECORDKEEPING

REQUIREMENTS

FOR MSWLF UNITS

(a)

Location

Restriction

Demonstration

(b)

Load

Checking

Requirements

(c)

Gas

Monitoring

Records

(d)

MSWLF

Liquid

Restriction

Records

(e)

Groundwater Monitoring

Program

Requirements

(f)

Closure

and

Post

Closure

Care

Requirements

(g)

Cost Estimates and Financial Assurance Requirements

PART8II

SUBPART

PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

‘

36.

811.302

(c)

FACILITY LOCATION

Site Screening

(Does Not Apply To Part 814-Subpart D Sites)

37.

811.309

LEACHATE TREATMENT AND DISPOSAL SYSTEM

(a)

General Requirements

(c)

Standards for On-Site Treatment

and

Pretreatment

(d)

Standards for Leachate Storage

System

(e)

Standards for Discharge

Off-Site Treatment

Standards for Leachate Recycling

Systems

(g)

Standards for Leachate Monitoring

Systems

38.

811.310

LANDFILL GAS

MONITORING

(FOR SITES ACCEPTING PUTRESCIBLE WASTE)

(b)

Location and

Design

of Gas Monitoring Wells

(c)

Monitoring Frequency for Landfill Gas

(d)

Monitoring Parameters

39.

811.311

LANDFILL GAS

MANAGEMENT SYSTEM (FOR CHEMICAL AND

PUTRESCIBLE

LANDFILLS)

(a)

Conditions for Installation of Gas

Management System

(b)

Notification and

Implementation

Requirements

(c)

Standards for Gas Venting

(d)

Standards for Gas Collection

Revised 06/18/2001

(811

Solid Waste-4)

LPC

Inspection

Date:

3/17103

40.

811.312

LANDFILL GAS

PROCESS AND DISPOSAL SYSTEM

(~)

No Unpermitted Gas Discharge

(d)

Gas Flow Rate Measurements into Treatment of Combustion

Device

(e)

Standards for Gas Flares

Standards

for On-Site Combustion of Landfill Gas

Using Devices Other Than

(9)

d~transportedOff-Site

41.

811.313

INTERMEDIATE

COVER

(a)

Requirements for the Application for Intermediate Cover

(b)

Runoff and

Infiltration

Control

(c)

Maintenance of Intermediate

Cover

42.

811.314

FINAL COVER SYSTEM

(DOES

NOT APPLY TO

PART 814 SITES THAT HAVE

CLOSED, COVERED AND VEGETATED

PRIOR TO SEPTEMBER 18,

1990)

(a)

General Requirements

(bJ

Standards

for Low Permeability

Layer

(c)

Standards for Final Protective Layer

43.

811.316

PLUGGING AND

SEALING OF DRILL HOLES

44.

811.321

WASTE

PLACEMENT

(a)

Phasing of Operations

(b)

Initial Waste

Placement

4.5.

811.322

FINAL SLOPE AND STABILIZATION

(a)

Grade

Capable

of Supporting Vegetation and

Minimizing Erosion

(b)

Slopes Required

to Drain

(c)

Vegetation

(d)

Structures Built

over the

Unit

“~

46.

811.323

LOAD

CHECKING PROGRAM

(a)

Load

Checking

Program Implemented

(b)

Load

Checking

Program

for PCBs

at MSWLF Units

(c)

Load

Checking

Program Components

(d)

Handling

Regulated

Hazardous Wastes

PART 811

SUBPART

MANAGEMENT

OF SPECIAL WASTES

LANDFILLS

47.

811.402

NOTICE TO

GENERATORS

AND TRANSPORTERS

48.

811.403

SPECIAL WASTE

MANIFESTS REQUIREMENTS

49.

811.404

IDENTIFICATION

REcORD

(a)

Special Waste

Profile Identification Sheet

(b)

Special Waste

Recertification

50.

811.405

RECORDKEEPING REQUIREMENTS

51.

811.406

PROCEDURES FOR EXCLUDING REGULATED

HAZARDOUS

WASTES

Revised

06/18/2001

(811

Solid Waste-5)

LPC #:

jg3~’oqoo’9

Inspection Date:

3 1,1/03

•

.....

FINANCIAL ASSURANCE

52.

811.700

COMPLY WITH FINANIAL ASSURANCE REQUIREMENTS

OF PART

811,

SUBPARTG

53.

811.701

UPGRADING

FINANCIAL ASSURANCE

54.

811.704

CLOSURE AND POST-CLOSURE CARE COST ESTIMATES

55.

811.705

REVISION OF COST ESTiMATE

.j:

SOLID WASTE FE~SYSTEM REQUIREMENTS

56.

Part 858

Subpart B

MAINTAINED, RETAINED & SUBMITTED DAILY &

MONTHLY SOLID

WASTE RECORDS LRD QUARTERLY SOLID WASTE SUMMARIES

WHERE INCOMING \ASTE

IS WEIGHED (LIST SPECIFIC SECTiON

NO.

-U

MAINTAINED, RETfltED & SUBMITtED DAILY & MONTHLY SOLID

Part 858

WASTE RECORDS t~DQUARTERLY SOLID WASTE SUMMARIES

U ~

57.

Subpart C

WHERE INCOMING ~ASTE

IS NOT

WEIGHED

(LIST SPECIFIC

_______

.•

OTHU.

ZEQUIREMENTS

58.

OTHER:

APPARENT VIOLATION

OF:

(U)

PCB;

(0)

CIRCUIT COURT

CASE NUMBER:

ORDER ENTERED ON:

59.

,~4

Signature of Inspector(s)

Informational Notes

Illinois

Environmental

Protection Act: 415 ILCS 5/4.

Illinois Pollution

Control Board:

III. Adm. Code, Subtitle G.

Statutory and regulatory references herein are provided for convenience only and

should

not be construed

as legal

conclusions

of the Agency or as limiting the Agency’s statutory

or regulatory powers.

Requirements of some statutes and regulations cited

are in summary format.

Full text of requirements can

be found

references listed in 1. and

2. above.

The provisions of subsection (o)

of Section

of the Illinois

Environmental Protection Act shall be

enforceable either

by administrative citation

under Section

31.1

of the Act or

by complaint

under

Section

of the Act.

This inspection was conducted in accordance with Sections 4(c) and 4(d)

of the Illinois

Environmental

Protection Act: 415

ILCS

5/4(c)

and (d).

Items marked with an

“NE” were not evaluated at the time of this inspection.

Revised 06/18/2001

(811 Solid Waste-6)

LPC#:

13380

YO02~

Inspection Date:

347/03

_______________

PERMIT PROVISfONS

DESCRIPTION OF VIOLATION

(condition # of permit, page # of permit, and/or page # of approved

application)

PERMIT NUMBER

j11~-Ya1-tEll

floothcAlo,J’37

co,~oa’oø

it(’6

D~1qu,~&

togTh

1)M ~o’~Rgn~ct.3s.

ejcPoSco

~.J,4Sfl

e#~O

tic,,

Ga4m~

DAY.

~q9q-vi~

-tPh

CONOIVOMX

(La)

0c4’u46-

1.11TH

~xJnP4ert’mndra

&A5

Co&&6Cfl0fr3

fl.oshct~t’

*37

ct~~’fl

n#rPRcrrcpa,~~,f

/jurt4N

AcW’.fl 5

CXcatDeePcds

________________

fige

Revised 06/18/2001

(811

Solid Waste-7)

___

VEmYIIU0N

CouNn

HEALTH

DEPARTMENT

STEPHEN LAKER. MS.

HEALTH

EDUCATION BUILDING

at’lu,

PUBLIC

HEALTH ADMINISThATOR

200

Soum

CouscE,

Sum

DANVILLE.

IL 61832

PHONE/TDD

217

431-2662

PUBuC

Ht.~m

PRICELESS

F,.x

217

431-7483

LPC

#1 838040029

Danville/Brickyard Disposal

& Recycling,

Inc.

FOS File

3/17/03

INSPECTION REPORT NARRATIVE

This permitted landfill was inspected between 6:00 a.m.

and

7:15

a.rn.

on March

17,

2003

by Doug Took and

LeeAnn Chezem ofthe

Vermilion County Health Department.

The

weather was hazy, dry and about 50 degrees Fahrenheit.

We arrived at the site at about

6:00 a.m. and

found the front gate already open, employees

working, and garbage trucks lined up to

the weigh station.

We went

to the weigh station

and spoke with Michelle

Roberts.

Soon after, we met up with Dan Duncan,

one ofthe

ficility’s Certified Landfill Operators, who accompanied us throughout the

inspection.

We first went

to Unit 2,

Cell 4C, the active fill

area.

Equipment operators had already

removed the tarp that had

covered the previous day’s waste

(photo 2) and were

compacting the active

fill area (photo

1).

There was a noticeable amount ofuncovered waste on the ground in Unit 2, Cells

4B arid

4C.

Although some of the waste was located next to

the active fill area (photo

1), there

was also waste visible

north ofthe active area (photos 3, 4).

Demolition debris was also

visible on the

side of the access road leading

down into Cell 4C (photo 2).

Next, we went to the leachate storage tank (photo

5).

Mr. Duncan said the old tank had

buckled a few weeks ago when the liquid

in the tank froze.

The landfill-gas-to-energy

facility was also in operation

(photo 6).

Then, v~e

traveled to the north part of the facility, where Mr. Duncan said work had begun

develop Unit 2, Cell

(photo 7).

After that,

we drove around Unit

In general, the

final cover and

vegetative layer over Unit

appeared to be

in good condition.

EQUAL

Opponwm

Lwpiwm

Danville/Brickyard Disposal & Recycling narrative

LPC#183 8040029

3/17/03

Page 2 of 3

We then rethrned to

the weigh station, where

we reviewed some thcility

records and flies.

Among those records were the special waste manifests for wastewater treatment filter

cakes from Vesuvius

USA in Fisher and

compacted cellulose waste from Devro-Teepak in

Danville.

Ms.

Roberts said the landfill had received between

110 and

926 tons ofwaste

through the gate each day

in the preceding week.

We left the facility at

about 7:15 a.m.

In addition, there is an area ofconcern regarding the results ofthe facility’s landfill gas

monitoring.

Recent

monthly gas monitoring

at the facility has detected exceedances of the methane

standards

in gas probes GP-8, GP-l0 and GP-I 1.

Patrick Engineering recommended in its

January 2003 Landfill Gas Analysis

Summary Report that adjustments be made

the

system gas valves in order to

increase the gas removal at the site until acceptable

levels of

gas concentrations are found in the probes.

Those three probes detected methane concentrations above

50 percent ofthe lower

explosive limit in late 2002, as well as the first three months of2003.

The

following violations are alleged pursuant to

this inspection.

Illinois Environmental Protection Act

Section

(d)(I)

No person shall

conduct any waste-storage, waste-treatment, or waste-disposal operation

...

violation ofany conditions imposed by (an IEPA) permit.

Uncovered refuse from

a previous operating day was observed

in Cell 4C,

in violation ofthe permit.

Temporary mitigation venting or gas collection measures to

ensure the protection

of human health were not

successfully implemented,

in violation ofthe permit.

Illinois Environmental Protection Act

Section 21

(d)(2) --No person shall

conduct any waste-storage, waste-treatment, or waste-disposal operation

. --

violation of any regulations or standards adopted by the (Illinois Pollution

Control)

Board

under this Act.

Uncovered refuse

from a previous operating day was

observed

in Cell 4C,

in violation of Iffinois Pollution Control Board regulations.

The operator did not design and

operate a gas collection system

in a way that

ensured the methane concentration standards were not

exceeded,

in violation of

Illinois Pollution

Control Board regulations.

Dille/Brickyard

Disposal & Recycling narrative

LPC#183 8040029

3/17/03

Page3 of3

Section

2 1(e) ofthe Act:

No person shall

...

dispose, treat, store or abandon any

waste

...

except at a site or facility which meets the requirements ofthis Act and

ofregulations and standards thereunder.

The storage and

disposal of waste was

occurring at a site which did not meet the requirements ofthe Illinois

Environmental Protection Act and the

Illinois Pollution Control Board

Regulations.

Illinois Environmental Protection Act

Section

(o)(12) --No

person shall

conduct a sanitary landfill operation

...

in a manner which results in

...

uncovered

refuse remaining from any previous operating day.

Uncovered refuse from a

previous operating

day was observed in Cell 4C.

Illinois Administrative

Code Section 811.311 (d)(2)

—

The operator shall design

and operate

the

gas

collection

system so that the standards of subsections (a)(l),

(a)(2) and (a)(3) will not be exceeded.

The operator did not design and

operate a

gas collection system in a way that ensured the methane concentration standards

were not exceeded.

STATE

IL.LINOIS

ENVIRONMENTAL. PROTECTION AGENCY

SITE

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RECEIVED

CLERK’S

 OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARITATE

OF IWNOIS

Pol/uuo,~Contro/ Board

IN THE MATTER OF

)

BRICKYARD DISPOSAL AND

)

 AC No.03_31

RECYCLING,INC.,

)

CountyFileNo.â~~Qk

)

Respondent.

)

AFFIDAVIT OF SERVICE

ON CORPORATION

State ofIllinois

)

County ofVermilion

)

I, the undersigned, on oath state that I have served the attached Administrative

Citation on the Respondent, Brickyard Disposal and Recycling,

Inc., by leaving

a copy of

the same with (name):

‘

(title)

ó~erve..’s/

/11?.i.

the Respondent,

at (address):

5&/

8t~e,4-1

at (time):

/O~c’v

;4”_

on (date):

_____________,

2003.

Investigator

Vermilion County State’s Attorney Office

ay of May, 200

SUBSCRIBED

AND SWORN TO BEFORE

“OFFICIAL SEAt’

THIS FILING IS SUBMITTED ON RECYCLED PAIr$.~~SO~.’~I4*n

NOTARY

PUBLIC,

STATE OF

ILLINOIS

MY COMMISSION

EXPTRES

~uf

7/2003