RECEIVED
CLERK’S OFFICE
FEB
26
2004
STATE OF ILLINOIS
Pollution Control Board
INFORMATIONAL NOTICE!!!
tt
IT IS IMPORTANT THAT YOU
READ THE ENCLOSED DOCUMENTS.
NOTE:
This Administrative
Citation refers to
TWO
separate State
of Illinois
Agencies.
One
is the ILLINOIS POLLUTION
CONTROL BOARD
located
at State of Illinois Center,
100 West Randolph Street, Suite
11-500,
Chicago,
Illinois
60601.
The
other state agency is the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY located at:
1021
North
Grand Avenue
East,
P.O.
Box 19276,
Springfield,
Illinois 61794-9276.
If you elect to contest the endosed Administrative citation,
you must
file a PETITION FOR REVIEW with thirty-five (35) days of the date
the Administrative Citation was served upon you.
Any such Petition
for Review must be filed with the
clerk of the Illinois Pollution
Control
Board by either hand delivering
or mailing to the Board at the address
given
above.
A copy of the Petition for Review should
be either
hand-delivered or mailed to the Illinois Environmental Protection
Agency at the
address given above and should
be marked to the
ATTENTION: DIVISION
OF LEGAL COUNSEL.
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ADMINISTRATIVE CITATION
FEB
262004
STATE OF
ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
AC
v
)
v.
(IEPA No.
82-04-AC)
)
AMERICAN
DISPOSAL SERVICES OF
)
ILLINOIS,
INC. and
DAVID BRYANT,
)
)
Respondents.
)
NOTICE
OF FILING
To:
American Disposal Services
of Illinois, Inc.
David Bryant, Certified
Operator
Attn: Kevin Finn, Regional Vice President
Livingston Landfill
13701 South Kostner Avenue
P.O. Box 646
Crestwood, Illinois
60445
Pontiac, Illinois
61764
PLEASE
TAKE
NOTICE that on this date I mailed for filing with
the Clerk
of the Pollution
Control Board of the State
of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPENDUMP INSPECTION CHECKLIST.
Respectfully submitted,
~c~Myan~~
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
February 24, 2004
THIS FILING SUBMIUED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
FEB
262004
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
)
(IEPA No.
82-04-AC)
v.
)
)
AMERICAN
DISPOSAL SERVICES OF
)
ILLINOIS, INC., and
DAVID BRYANT,
)
Respondents.
)
JURISDICTION
This
Administrative
Citation
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental Protection Agency by Section
31.1 of the
Illinois Environmental Protection Act, 415
ILCS 5/31.1(2002).
-
FACTS
1.
That Respondent, American
Disposal Services of Illinois, Inc., is the permitted owner
and operator of a facility located on the north and south side of Rowe Road at Route 23, Pontiac,
Livingston
County,
Illinois.
2.
That Respondent,
David
Bryant, is the Certified Operator of the above-referenced
facility.
3.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental Protection Agency Permit No.
1995-337-LF, and is designated with Site Code No.
1058210002.
The facility is commonly known
to the Illinois
Environmental
Protection Agency as
Pontiac/Livingston Landfill.
1
5.
That Respondents have owned and/or operated said facility at
all times
pertinent
hereto.
6.
That
on January 23, 2004, Kenneth Keigley of the Illinois Environmental Protection
Agency’s
Springfield
Regional
Office
inspected
the
above-referenced
facility.
A
copy of
his
inspection
report setting
forth the
results of said
inspection
is attached
hereto and
made a part
hereof.
VIOLATIONS
Based upon direct observations made by Kenneth Keigleyduring-Ihe course of his January
23. 2004
inspection of the above-referenced facility, the Illinois
Environmental Protection
Agency
has determined that Respondents violated the lllinois:Environmental Protection Act (hereinafter, the
‘Act”) as follows:
(1) That Respondents conducted a sanitary landfill operation
in a mannerwhich resulted in
the failure
to
collect and contain
litter from the site by the end
of the operating
day, a
violation of Section 21(o)(12) of theAct,
415 ILCS 5/21(o)(12) (2002).
CIVIL
PENALTY
Pursuant
to
Section
42(b)(4)
of the Act, 415
ILCS
5/42(b)(4)
(2002),
Respondents
are
subject
to
a
civil
penalty of
Five
Hundred
Dollars
($500.00) for
each
of the violations
identified
above, for atotal of Five Hundred Dollars ($500.00).
If Respondents elect not to petition the Illinois
Pollution Control
Board, the statutory civil penalty specified above shall be due and payable no later
than April
1, 2004, unless otherwise provided
by order of the Illinois Pollution Control
Board.
If Respondents elect to contestthis Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31.1
of the Act,415 ILCS 5/31.1(2002), and if the Illinois
2
Pollution Control Board issues a finding of violation as alleged herein, afteran adjudicatory hearing,
Respondents shall be assessed the associated hearingcosts-incurred by the Illinois Environmental
Protection Agency and the Illinois Pollution Control Board.
Those hearing costs shall be assessed
in
addition
to
the statutory civil
penalty.
Pursuant to Section
31.1 (d)(1) of theAct, 415 ILCS 5/31.1 (d)(1) (2002),
if Respondents fail
to petition orelect not to petition the Illinois Pollution Control Board for reviewof this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois
Pollution
Control
Board shall
adopt
a final
order,
which shall include
this Administrative Citation
and
a finding
of violation
as
alleged
herein, and shall impose the statutory civil penaltyspecified above.
When
payment
is
made,
Respondents’
check
shall
be
made
payable
to
the
Illinois
Environmental
Protection
Trust
Fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Environmental
Protection Agency,
1021
North
Grand Avenue East,
P.O.
Box 19276, Springfield,
Illinois 62794-9276.
Along
with
payment,
Respondents shall complete and
return
the enclosed
Remittance Form to ensure properdocumentation of payment.
-.
If any civil penalty and/or hearing costs are
not paid within the time prescribed
by order of
the
Illinois Pollution Control Board, interest on said
penalty and/or hearing costs shall be assessed
against the Respondents from the date payment is du~u:~tc~andc!uding:thedat~thatpaymentJs
received.
The
Office
of the
Illinois
Attorney General
may be
requested
to
initiate
proceedings
against Respondents in Circuit Court to collect said
penalty and/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents
have
the
right
to
contest this Administrative
Citation
pursuant
to
and
in
accordance with
Section 31.1
of the Act, 415 ILCS 5/31/1
(2002).
If Respondents elect to contest
this
Administrative Citation, then
Respondents shall file a signed
Petition for Review, including a
Notice
of Filing,
Certificate
of Service,
and
Notice
of Appearance,
with
the Clerk
of the
Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601.
A copy of said
Petition for Review shall
be filed with the Illinois Environmental
Protection
Agency’s Division of Legal Counsel at 1021
North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276.
Section
31.1
of the Act provides that any Petition
for Review shall
be
filed
within thirty-five (35) days of the date of service of this Administrative Citation orthe Illinois Pollution
Control Board
shall enter a default judgment against the Respondents.
?~—~--~-
C’/it~t~.~
Date
~
~-~uJ
-df
Renee Cipriano,
rector
Illinois
Environmental Protection Agency
Prepared by:
Susan
E.
Konzelmann,
Legal Assistant
Division of Legal
Counsel
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
4
REMITTANCE
FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
(IEPA
No. 82-04-AC)
v.
)
AMERICAN
DISPOSAL SERVICES OF
)
ILLINOIS,
INC., and DAVID BRYANT,
)
Respondents.
)
FACILITY:
Pontiac/Livingston
Landfill
SITE CODE NO.:
1058210002
COUNTY:
Livingston
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION:
January 23, 2004
DATE
REMITTED:
SS/FEIN
NUMBER:
SIGNATURE:
NOTE
Please enter the date
of your
remittance,
your
Social
Security number
(SS)
if
an
individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form.
Be
sure
your
check
is enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmental
Protection Agency, Attn.:
Fiscal
Services,
P.O.
Box
19276, Springfield,
Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
iN THE MATTER
OF:
)
)
)
JEPA DOCKET NO.
)
)
Respondent
)
Affiant, Kenneth Keigley,
being first duly sworn,
voluntarily deposes and states as follows:
1.
Affiant is a field inspector employed by the Land Pollution Control Divisionof the Illinois
Environmental Protection Agency and has been so employed at all
times pertinent
hereto.
2.
On
January
23,
2004,
between
05:10
AM.
and
07:02
AM.,
Affiant
conducted
an
inspection of the sanitary
landfill
in
Livingston
County,
Illinois,
known
as
Livingston
Landfill,
Illinois Environmental Protection Agency Site No. 1058210002, operating under the permit numbers
1995-337-LF and
1999-307-LF.
3.
Affiant inspected said Livingston Landfill site by an on-site inspection, which included
walking the site.
4.
Before and/or
after
said inspection of said Livingston
Landfill
site,
Affiant reviewed
Illinois Environmental
Protection Agency permits issued
to the
subject site
and investigated
into
whether or not required documents were
timely filed
on behalf of the subject
site.
5.
As
a result of the activities
referred
to
in
Paragraph
3
above, Affiant completed the
Inspection Report
form
attached hereto and
made a
part hereof, which,
to the
best of Affiant’s
knowledge and belief, is an accuraterepresentation of Affiant’s observations and factual conclusions
with respect to the Livingston Landfill site.
Ij,j
Subscribed and
Sworn to before me
this
_____
day of~
~
,
OFFICIAL SEAL
SHARON
L
BARGER
~
NOTARY
PU8UC
EXPiRES
~l6~6
Notaiy Public
Region:
4
-
Champaign
07:02 am
Previous
Inspection
Date:
11/14/2003
Weather:
partly cloudy
-
15
degrees
Samples
Taken:
Yes #
No
~
______
Facility
Phone No.:
815/844-3054
American Disposal Services~~li~qis,
Inc.
Livingston
Landfill
P.O.
Box 646
‘
Pontiac,
Illinois
61764
Certified Operator Mailing Addf~e~—~
ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
811
Solid Waste
Landfill
Inspection Checklist
County:
Livingston
LPC#:
1058210002
Location/Site
Name:
Pontiac/Livingston Landfill
Date:
01/23/2004
Time:
From
05:10 am
To
Inspector(s):
Kenneth Keigley
No. of Photos Taken:
#
15
Interviewed:
No one
present
Permitted
Owner Mailing
Address
American Disposal
Services of Illinois,
Inc.
Attn:
Mr.
Kevin
Finn, Regional
Vice-President
13701
South
Kostner Avenue
Crestwood, Illinois
60445
Permitted Operator Mailing Ad~Jress
Chief Operator Mailing Address
American Disposal
Services of
Illinois,
Inc.
Attn:
Mr.
Dave
Bryant,
General
Mgr.
&
Chief Operator
P.O.
Box 646
Pontiac,
Illinois
61764
American Disposal Services of Illinois,
Inc.
Attn:
Mr.
Dave
Bryant, General
Mgr.
&
Chief Operator
P.O.
Box 646
Pontiac,
Illinois 61764
AUTHORIZATION:
OPERATIONAL STATUS:
TYPE OF OPERATION:
Significant Modification
Permit
Initial:
1995-337LF
Latest
Log number 2002-349
Operating
Closed-Not Certified.
Closed-Date Certified:
Existing
New
Landfills
Landfills:
814-Subpart C
814-Subpart
D
81 1-Putres./Chem.
LI
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SECTION
DESCRIPTION
.
VIOL
I______
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN
OR ALLOW AIR POLLUTION IN
ILLINOIS
LINE
2.
9(c)
CAUSE
OR
ALLOW OPEN
BURNING
LiNE
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION
IN
ILLINOIS
LINE
4.
12(d)
CREATE AWATER POLLUTION
HAZARD
LINE
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE
WITHOUT OR
IN
VIOLATION OF AN
NPDES PERMIT
LINE
6.
—
21(a)
CAUSEORALLOWOPENDUMPING
LINE
.
7.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without
a Permit or in Violation of Any Conditions
of a
Permit (See Permit
Provisions)
(2)
In
Violation of Any Regulations or Standards Adopted by the Board
8.
.
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
.
.
9.
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
-
DISPOSAL
OPERATION WITHOUT A RCRA PERMIT.
LINE
Revised 06/18/2001
(811
Solid
Waste-i)
LPC#:
1058210002
Inspection Date: 01/23/04
10.
21(o)
CONDUCT A SANITARY
LANDFILL OPERATION WHICH
RESULTS
IN
ANY OF
THE
FOLLOWING CONDITIONS:
—
(1)
Refuse in Standing or Flowing Water
LI
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(2)
Leachate Flows
Entering Waters of the
State
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(3)
Leachate Flows
Exiting the
Landfill Confines
LI
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(4)
Open
Burning of Refuse in Violation of Section 9 of the Act
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(5)
Uncovered Refuse Remaining
From Any Previous
Operating Day or at the
Conclusion of Any Operating Day
LI
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(6)
Failure to Provide Final Cover Within Time Limits
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(7)
Acceptance of Wastes Without Necessary Permits
LI
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(8)
Scavenging as Defined
by Board Regulations
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(9)
Deposition of Refuse in Any Unpermitted
Portion of the Landfill
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(10)
Acceptance of Special Waste Without a
Required
Manifest
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(11)
Failure to Submit Reports
Required by Permits or Board
Regulations
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(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
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11.
21(t)
CAUSE OR
ALLOW
A LATERAL
EXPANSION OF
A MUNICIPAL
SOLID
WASTE
LANDFILL (MSWLF)
UNIT WITHOUT
A PERMIT MODIFICATION
LI
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12.
21.6(b)
ACCEPTANCE
OF LIQUID
USED OIL FOR
FINAL DISPOSAL
(EFFECTIVE JULY
1, 1996)
LI
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13.
22.01
FAILURETOSUBMITANNUALNONHAZARDOUSSPECIALWASTE
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14.
22.17
LANDFILL POST-CLOSURE CARE
-
(a)
Failure to Monitor Gas, Water,
Settling
LI
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(b)
Failure to Take
Remedial Action
.
LI
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6
15.
22.22(c)
ACCEPTANCE
OF LANDSCAPE WASTE FOR FINAL DISPOSAL
LI
16.
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID
BATTERY
LI
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17.
22.28(b)
ACCEPTANCE
OF WHITE GOODS FOR FINAL DISPOSAL
LI
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18.
55(b)(1)
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS
LANDFILL MEETS EXEMPTION OF 55(b)(1))
AJ~
19.
56.1(a)
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
INFECTIOUS MEDICAL WASTE
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SOLID WASTE SITE OPERATOR
CERTIFICATION LAW REQUIREMENTS
20..
225 ILCS
230/1004
CAUSING
OF ALLOWING
OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
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35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
745.1 81
CHIEF OPERATOR REQUIREMENTS
LIg~
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
.
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SPECIALWASTE HAULING REQUIREMENTS
23.
809.301
REQUIREMENTS FOR DELIVERY
OF
SPECIAL WASTE TO
HAULERS
LI~JE
Revised 06/18/2001
(811 Solid Waste-2)
LPC#:
1058210002
~nspectionDate:
01/23/04
24.
809.302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
E
~
25.
809.501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste
to Hauler
EIIJ~JE
(e)
Retention of Special Waste Manifests
L1,~j~
NEW SOLID WASTE_LANDFILL_REQUIREMENTS
~J~Ji~
GENERAL STANDARDS FOR
ALL LANDFILLS
26.
811.103
SURFACE WATER
DRAINAGE
(a)
Runoff from
Disturbed Areas
~
(b)
Diversion of Runoff from
Undisturbed Areas
LII
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27.
811.104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
,.j ~
(b)
Stakes and Monuments Marked
fl
,
(c)
Stakes and Monuments Inspected
LI
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(d)
Control Monument Established and Maintained
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28.
811.105
-
COMPACTION
LI~JE~
29.
811.106
DAILY COVER
(a)
Six Inches Soil
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(b)
Alternative Daily Cover
-
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30.
811.107
OPERATING STANDARDS
(a)
Phasing of Operations
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(b)
Work
Face Size and
Slope
.
LI
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(c)
Equipment
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(d)
Utilities
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(e)
Maintenance
.
LI,..j
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(f)
Open
Burning
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(g)
Dust Control
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(h)
Noise Control
LIN
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(i)
Vector Control
LI ~j
(j)
Fire Protection
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(k)
Litter Control
.
(I)
Mud Tracking
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(m)
Liquid Restrictions for MSWLF Units
LIAJ~
31.
811.108
SALVAGING
(a)
Salvaging
Interferes with Operation
LI ~
E.
(b)
Safe and Sanitary Manner
LI4
E
(c)
Management of Salvagable Materials
.
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~________
32.
811.1 09
BOUNDARY CONTROL
I_________
(a)
Access Restricted
LI
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~_________
(b)
Proper Sign
Posted
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Revised 06/18/2001
(811
Solid
Waste-3)
LPC#: 1058210002
Inspection
Date:
01/23/04
33.
811.110
CLOSURE AND WRITTEN CLOSURE
PLAN
(a)
Final Slopes and Contours
ç~j~
(b)
Drainage Ways and Swales
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(c)
Final Configuration
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(d)
Written Closure Plan
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(e)
Initiation of Closure Activities
at MSWLF Units
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(f)
Completion of Closure Activities at MSWLF Units
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(g)
Deed
Notation for MSWLF Units
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34.
811.111
POST-CLOSURE MAINTENANCE
(a)
Procedures
After Receipt of Final Volume of Waste
LIj~~
(b)
Remove
All Equipment of Structures
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(c)
Maintenance and Inspection of the Final
Cover and
Vegetation
LI/J
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(d)
Planned
Uses of Property at MSWLF Units
LI ~
35.
811.112
RECORDKEEPING
REQUIREMENTS
FOR MSWLF
UNITS
(a)
Location
Restriction Demonstration
LI,.i ~
(b)
Load
Checking Requirements
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(c)
Gas Monitoring
Records
LI,~j
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(d)
MSWLF
Liquid Restriction
Records
-
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(e)
Groundwater Monitoring Program
Requirements
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(f)
Closure and Post Closure Care Requirements
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(g)
Cost Estimates and
Financial
Assurance Requirements
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PART 811
SUBPART
C
PUTRESCIBLE
AND CHEMICAL WASTE LANDFILLS
36.
811.302
FACILITY LOCATION
(c)
-Site Screening
(Does
Not Apply To Part 814-Subpart
D Sites)
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37.
811.309
LEACHATE TREATMENT AND
DISPOSAL SYSTEM
(a)
General
Requirements
.
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(c)
(d)
Standards for On-Site Treatment
and Pretreatment
Standards for Leachate_Storage_System
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(e)
Standards
for Discharge
to Off-Site Treatment
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(f)
Standards for Leachate_Recycling_Systems
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(g)
Standards for Leachate
Monitoring Systems
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38.
811.310
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(b)
Location
and Design of Gas_Monitoring_Wells
LIj ~
(c)
Monitoring_Frequency_for Landfill
Gas
LI
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(d)
Monitoring
Parameters
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39.
811.311
LANDFILL GAS MANAGEMENT SYSTEM
(FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation of Gas Management System
.
LI4~
(b)
Notification and Implementation
Requirements
LI,JE
(c)
Standards for
Gas Venting
LI
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(d)
Standards for Gas Collection
LI
~
Revised 06/18/2001
(811 Solid Waste-4)
LPC#:
1058210002
Inspection Date: 01/23/04
40.
—
811.312
LANDFILLGAS PROCESS
AND DISPOSAL SYSTEM
~_________
(c)
No Unpermitted Gas Discharge
LI ~
(d)
Gas
Flow Rate
Measurements into Treatment of Combustion Device
LI
~ E
(e)
Standards for Gas Flares
LI
~j ~
(f)
Standards for On-Site Combustion of Landfill Gas
Using Devices
Other Than
LI ~j
t~
(g)
Gas
Transported Off-Site
LI
,~
~
41.
811.313
INTERMEDIATE
COVER
(a)
Requirements for the Application for Intermediate Cover
LI ~
(b)
Runoff and
Infiltration Control
LI
,&j E
(c)
Maintenance of Intermediate Cover
LI ~j
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
LI i~J
(b)
Standards for Low Permeability Layer
LI4
E
(c)
Standards for Final
Protective Layer
LI,~j
~
43.
811.316
PLUGGING AND SEALING OF
DRILL HOLES
LII
1,.J ~
44.
811.321
WASTE PLACEMENT
-
(a)
Phasing of Operations
LI ~j~
—
(b)
Initial Waste Placement
LI
,je~
45.
811.322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation
and
Minimizing Erosion
-
LI
,&.~LE.
(b)
Slopes
Required to Drain
LI ,~j
~
(c)
Vegetation
LI,~i
~
(d)
Structures
Built over the Unit
LI ~E.
46.
811.323
LOAD
CHECKING PROGRAM
(a)
Load Checking
Program Implemented
LI ~
(b)
Load Checking
Program for
PCB’s
at MSWLF Units
LI
~
(c)
Load
Checking Program
Components
LI ~
E
(d)
Handling
Regulated Hazardous Wastes
LIAJ i~
PART 811
SUBPART
D
MANAGEMENT
OF SPECIAL WASTES
AT LANDFILLS
.
47.
811.402
NOTICE TOGENERATORS AND TRANSPORTERS
LI
48.
811.403
SPECIAL WASTE MANIFESTS REQUIREMENTS
LI~~
49.
811.404
IDENTIFICATION RECORD
(a)
Special Waste
Profile
Identification
Sheet
LI ~
(b)
Special Waste Recertification
LI 4
50.
811.405
RECORDKEEPING REQUIREMENTS
.
LI,4j~.
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LI
I
Revised 06/18/2001
(811 Solid Waste-5)
LPC#: 1058210002
Inspection Date: 01/23/04
52.
FINANCIAL ASSURANCE
811.700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811,SUBPARTG
LI
NE
53.
811.701
UPGRADING FINANCIAL ASSURANCE
LI~~
54.
811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
LI1..J ~
55.
811.705
REVISION OF COST ESTIMATE
56.
57.
______
58.
59.
SOLID WASTE
FEE SYSTEM
REQUIREMENTS
MAINTAINED, RETAINED &SUBMITTED DAILY
& MONTHLY SOLID
Part 858
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
LI
Subpart B
MAINTAINED, RETAINED &SUBMITTED DAILY &MONTHLY SOLID
Part 858
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
LI
-
Subpart C
WHERE
INCOMING WASTE
IS NOT
WEIGHED (LIST SPECIFIC
ALE
OTHER
REQUIREMENTS
APPARENT VIOLATION OF:
(LI)
PCB;
(LI)
CIRCUIT COURT
LI
OTHER:
CASE NUMBER:
ORDER ENTERED ON:
-
1995-LMF
Condition II(2)(l)
LI
LI
LI
LI
Li
Signature of Inspec(~or(s)
Informational Notes
1.
Illinois
Environmental Protection Act: 415 ILCS
5/4.
2..
Illinois Pollution Control
Board: 35
III. Adm.
Code, Subtitle G.
3.
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
in references
listed in
1.
and
2. above.
4.
The provisions of subsection (o) of Section 21
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 31
of the Act.
5.
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).
6.
Items marked with an “NE” were not evaluated at the time of
this inspection.
Revised
06/18/2001
(811
Solid Waste-6)
Illinois
Environmental
Protection Agency
Bureau of Land,FieId Operations Section.Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
/..,.
‘-~y~,
Inspector: Kenneth Keigley
/
0
Inspection Date: January 23, 2004
Complaint Number: C04-086-CH
-T~/~.
~L~7
GIS Data: Latitude-N40.93l55°,Longitude-W088.65548°error 16.3
(Garmin GPSMap 76S)
-,
General Comments:
On January 23, 2004
at 05:10
A.M., I conducted an inspection
at the Livingston Landfill, located
on the north and
south side ofRowe Road
at Route 23,
in
Pontiac, Illinois.
This inspection was
conducted in response to
complaints from
local citizens
concerning blowing litter at the landfill.
The purpose ofthis inspection
was to
determine regulatory status and evaluate compliance with
the Environmental Protection
Act (Act) and
Title 35 Illinois Administrative Code, Subtitle
G:
Land Pollution (Regulations).
The inspection consisted ofwalking around the.site and taking
pictures, neither the Operations Manager or General Manager was present at the site and the
facility office was not
yet open.
The weather was Partly cloudy, the temperature
15
degrees.
Background:
-
Livingston Landfill is an
operating Putrescible/Chernical Waste Landfill operating under the
Illinois Environmental Protection Agency permit number 1995-337-LF for parcels A, B, and
C
and
1999-307 for Parcel D and regulated by
35
Illinois Administrative Code, Part 811,
Standards
for New Landfills.
The Landfill is owned by American Disposal Services ofIllinois, Inc.,
a
subsidiary ofAllied
Waste, whose Regional
Vice President, Kevin Finn,
is located at
13701
Kostner Avenue, Crestwood, Illinois 60445.
The site General Manager and Certified Operator is
David Bryant,
P.O. Box
646, Pontiac,
Illinois 61764, phone number 815/844-3911.
The
Registered Agent
for American Disposal
Services of Illinois, Inc.
is CT Corporation Systems,
208
South Lasalle Street, Suite 814,
Chicago, Illinois 60604.
Inspection:
This inspection addresses only the litter complaints and
litter issues
at the landfill.
No other
issues are addressed in
this
report.
When I arrived at the landfill I noted that no trucks had yet entered the landfill to
unload and the
wind was calm.
I waited until
daylight, parked
inside the landfill on the east side of cell D-6 then
traveled around the landfill looking for litter from the previous day’s operation.
I
Illinois
Environmental
Protection Agency
Bureau of Land+ Field Operations Section ,Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
inspector:
Kenneth Keigley
Inspection Date: Jaiuiary 23, 2004
Complaint Number: C04-086-CH
GIS
Data: Latitude-N40.93155°,Longitude-W088.65548°error 16.3
(Garmin GPSMap 76S).
I noted that dumping operations had commenced and litter was not
blowing from
the working
face ofthe landfill.
Inside the fenced
in portion of the landfill looking from the northeast corner of cell D-6 I looked
north and
saw litter in the form ofplastic and
paper scattered on the ground inside the fence (see
photos
#1
and #2).
In the perimeter ditch along the east side of cell D-6 the banks and bottom of theperimeter ditch
were lined with litter in the form ofpaper and
plastic (see photos #3, #4, #8, #9, #10, #11, and
#12).
I had been present in this area before the landfill opened and was certain that none ofthe
litter had blown there this operating day.
Driving toward the entrance to the landfill along the east side of cell D-6 I noticed litter in
the
form of plastic and paper scattered
on the east side of the access road between the access road
and the perimeter fence (see
photos
#5,
#6
and
#7).
I then drove around the facility and a short distance down the county roads surrounding the
landfill. I saw a small amount of litter along Rowe Road both on the north and south side near the
fence (see photos #13, #14,
and
#15).
I did not see
a
significant amount oflitter in the areas
along the various county roads surrounding the
landfill.
I left the site at 07:02
am.
Subsequent to the inspection, during the following week, I discussed the litter problem with Mr.
Bryant to let him know I had been to
the site and
let him know what I had observed.
He stated
that he was interested
in meeting with Agency Employees to discuss the problem and
remedy’s to
address the litter problem.
Apparent violations observed during this inspection:
Environmental Protection Act.
415 ILCS 5/1
et. seq. (formerly
Ill. Rev. Stat. Ch.
111
1/2,
1001
et. seq.) hereinafter
called the “Act”
2
Illinois
Environmental
Protection Agency
Bureau of Land•Field Operations Section
+
Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
Inspector: Kenneth Keigley
Inspection Date: January 23, 2004
Complaint Number: C04-086-CH
GIS Data: Latitude-N40.93155°,Longitude-W088.65548°error
16.3
(Garmin GPSMap
76S)
#1
Pursuant
to Section
21 (d)(1) of the Act, no person shall conduct any waste-storage,
waste-treatment,
or waste-disposal operation in violation ofa permit granted by the
Agency.
A violation of Section 21(d)(1) is alleged for the following reason: waste
disposal
operation
was conducted in violation of a permit granted by the Agency.
#2
Pursuant to
Section
21(d)(2) ofthe Act, no person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation in violation of regulations adopted by the
Illinois Pollution Control Board.
A violation ofSection 21(d)(2)
is alleged for the following reason: a waste
disposal operation was conducted in violation of regulations adopted by the
IPCB.
#3
Pursuant
to Section
2 1(e) ofthe Act, no person shall dispose, treat, store or abandon
any waste or transport
any waste into this State for disposal, treatment,
storage, or
abandonment,
except at a site or facility which meets the requirements of this Act and
of regulations and
standards thereunder.
A violation of Section
2 1(e)
is alleged for the following reason:
waste
was
disposed
of at this site,
which does not meet the requirements of the Act and of
regulations
and standards thereunder.
#4
Pursuant
to Section 21(o)(12) of the Act, no one shall conduct
a
sanitary landfill
operation in a manner which results in
failure to collect and contain litter from the site by
the end ofeach operating day.
A Violation ofSection
21(o)(l2) is alleged for the following reason:
litter from the
previous
day’s operation was observed at various
locations along the east side of
Cell D-6 of the landfill.
3
Illinois
Environmental
Protection Agency
Bureau of Land+Field Operations Section.Champaign
1058210002/Livingston
Pontiac/Livingston Landfill
FOS
h~spector:
Kenneth Keigley
inspection Date: January 23, 2004
Complaint Number: C04-086-CH
GIS Data: Latitude-N40.93
155°,
Longitude-W088.65548°error
16.3 (Garmin GPSMap
76S)
35 Illinois Administrative Code. (Title 35: Environmental Protection, Subtitle
G:
Land
Pollution, Chapter I:
(Pollution Control Board)
Regulationsi
#5
Pursuant to
Section
81 l.l07(k)(l) ofthe Regulations, the operator shall patrol the facility
daily to check for litter accunmlation.
All
litter shall be collected and placed in the fill or
in a secure covered container.
A violation ofSection
81 l.107(k)(l)
is alleged for the following reason:
-litter from the
previous day’s operation
was not collected and placed
into the fill or
in
secure
covered containers.
Permit Number 1995-337-LFM
#6
pursuant to
Condition II(2)(l) of the Permit.
Pursuant to 35
IAC, Sections
811.107(a) and
811.107(b), throughout the operating life ofthis landfill, waste shall not be placed in
a
manner or rate which
results in:
failure to collect and contain
litter from the previous
operating day.
A violation of Condidion II(2)(l) is
alleged for the following reason:
litter from the
previous
operating day was
observed during this
inspection.
4
Illinois Environmental Protection Agency
Bureau of Land
+
Field Operations Section
+
Champaign Region
1058210002
—
Livingston
County
_____________________________________________
Pontiac/Livingston Landfill
FOS
Inspector: Kenneth Keigley
Date: January 23, 2004
Not to Scale
Arrows denote direction
and location ofphotos
Parcels Dl
—
D6
Cell D6
gas to energy plant
Site Sketch
15
2~.
6
~97
10
11
A
12
Rowe Road
and C
Semi trailer
13
Parcels A,
B,
Route 23
I
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHO TOGRAPHS
LPC#1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE: 01-23-2004
TIME: 06:50
AM
DIRECTION:
North
PHOTO by:
Kenneth
Keigley
PHOTO FILE
NAME:
1058210002
—
01232004-001.jpg
COMMENTS:
DATE:
01 -23-2004
TIME: 06:51 AM
DIRECTION:
North
PHOTO
by:
Kenneth
Keigley
PHOTO
FILE
NAME:
105821 0002—01232004-002.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE: 01-23-2004
TIME: 06:52 AM
DIRECTION:
Southwest
PHOTO by: Kenneth
Keigley
PHOTO FILE
NAME:
1058210002
—
01232004-OO3Jpg
COMMENTS:
DATE: 01 -23-2004
TIME: 06:52AM
DIRECTION:
Northwest
PHOTO by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002—01232004-004.jpg
COMMENTS:
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC#1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE: 01-23-2004
rIME: 06:53AM
DIRECTION: Southeast
PHOTO by:
Kenneth
Keigley
PHOTO FILE
NAME:
1058210002
—
01232004-005.jpg
COMMENTS:
DATE: 01-23-2004
TIME: 06:53AM
DIRECTION: Northeast
PHOTO by:
Kenneth
Keigley
PHOTO
FILE
NAME:
1058210002—01232004-006.jpg
COMMENTS:
•
Illinois Environmental ProtectionAgency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE:
01-23-2004
TIME: 06:54 AM
DIRECTION:
Northeast
PHOTO by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
01232004-OO7Jpg
COMMENTS:
DATE: 01 -23-2004
TIME: 06:54AM
DIRECTION:
South
PHOTO by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002—01232004-008.jpg
COMMENTS:
•
Illinois
Environmental Protection Agency
Bureau of Land
DIGITAL
PHO TOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE:
01 -23-2004
FIME: 06:54 AM
DIRECTION:
Northwest
PHOTO
by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
01232004-009.jpg
COMMENTS:
DATE: 01-23-2004
TIME: 06:56AM
DIRECTION:
South
PHOTO by: Kenneth
Keigley
PHOTO FILE
NAME:
1058210002—01232004-010.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE: 01-23-2004
TIME: 06:56AM
DIRECTION: Southwest
PHOTO by:
Kenneth
Keigley
PHOTO
FILE NAME:
1058210002
—
01232004-OllJpg
COMMENTS:
DATE:
01 -23-2004
TIME: 06:56AM
DIRECTION: Southwest
PHOTO by: Kenneth
Keigley
PHOTO FILE
NAME:
1058210002-~01
232004-01 2.jpg
COMMENTS:
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston Landfill
FOS File
DATE: 01-23-2004
TINIE:
07:00
AM
DIRECTION:
Northwest
PHOTO by:
Kenneth
Keigley
PHOTO FILE
NAME:
1058210002
—
01232004-013.jpg
COMMENTS:
DATE: 01 -23-2004
TIME: 07:00 AM
DIRECTION: Northeast
PHOTO
by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002—01232004-014.jpg
COMMENTS:
•
Illinois Environmental Protection Agency
Bureau of Land
DIGITAL
PHOTOGRAPHS
LPC # 1058210002
—
Livingston County
Pontiac/Livingston
Landfill
FOS File
DATE: 01-23-2004
TIME: 08:02 AM
DIRECTION: South
PHOTO by:
Kenneth Keigley
PHOTO FILE
NAME:
1058210002
—
01232004-015.jpg
COMMENTS:
;—
PROOF OF SERVICE
I hereby
certify that
I
did on the 24th day
ofFebruary 2004,
send by Certified Mail, Return
Feceipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
Box atrue and correct copy ofthe following instrument(s) entitled ADMINTSTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
American Disposal Services ofIllinois, Inc.
David Bryant, Certified Operator
Attn: Kevin Finn, Regional Vice President
Livingston Landfill
13701
South Kostner Avenue
P.O. Box 646
Crestwood, Illinois
60445
Pontiac,
Illinois
61764
an.d the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy
Gunn, Clerk
-
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Rya
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
