~ECE~VED
CLERK’S OFFICE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
JUN07
2004
1021
NORTH GRAND
AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
21 7-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH, SUITE
11-300,
CHICAGO
IL 60601
3L~~T~~QF
ILLINOIS
~-‘OIIUtIOfl
Lontrol Board
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
(217)782-9817
TDD: (217) 782-9143
1’
June 3, 2004
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agencyv. Cityof Salem, Roger Kinney, Dick Brown and
Jason Bruce
IEPA File No. 275-04-AC;
1218130007—Marion County
Dear Clerk Gunn:
Enclosed for filing with the Illinois Pollution
Control Board, please find the original and nine
true and
correct copies ofthe Administrative Citation Package, consisting ofthe Administrative
Citation, the inspector’s Affidavit, and the inspector’s Illinois Environmental Protection Agency
Open Dump Inspection Checklist, issued to the above-referenced respondent(s).
On this date, a copy ofthe Administrative Citation Package was
sent to the Respondent(s) via
Certified Mail.
As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois
Pollution Control Board may calculate the thirty-five
(35)
day appeal period for
purposes ofentering a default judgment in the event the Respondent(s) fails or elects not to file a
petition forreview contesting the Administrative Citation.
Ifyou have any questions or concerns, please do not hesitate to
contact me at the number above.
Thank you for your cooperation.
Sincerely,
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD
—4302
North Main Street, Rockford,
IL 61103 —(815) 987-7760
•
DES
PLAINES—
9511
W. Harrison St.,
Des
Plaines, IL 60016— (847) 294-4000
ELGIN
—
595 South
State,
Elgin,
IL 60123 —(847) 608-3131
•
PEORIA
—5415 N. University
St.,
Peoria, IL 61614
—
(309)
693-5463
BUREAU
OF
LAND
-
PEORIA
—7620
N. University
St.,
Peoria,
IL 61614 —(309) 693-5462
•
CHAMPAIGN
—2125 South
First Street, Champaign,
IL 61820 —(217)
278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Springfield,
IL 62706 —(217) 786-6892
•
COLUNSVILLE
—2009
MalI Street, Collinsvi!Ie, IL 62234—(618) 346-5120
MARION
—
2309 W. Main St.,
Suite 116, Marion, IL 62959
—
(618) 993-7200
-
PRINTED
ON
RECYCLED
PAPER
~ECENVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
072004
ADMiNISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
0
i
)
v.
)
(IEPA No. 275-04-AC)
)
CITY OF SALEM, ROGER
KINNEY,
)
DICK
BROWN
and
JASON
BRUCE,
)
)
Respondents.
)
NOTICE OF FILING
To:
City
ofSalem
Roger Kinney
Dick Brown and Jason Bruce
John Pruden
101
South Broadway
101
South Br~adway
101
South Broadway
Salem,
Illinois 62881
Salem, Illinois
62881
Salem, Illinois
62881
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe
State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and
OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
~ll~an~
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:
June 3,2004
THIS FILING
SUBMITTED
ON RECYCLED PAPER
ED
JUN
0?
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
~~TATE
OF
ILLINOIS
ADMINISTRATIVE CITATION
OlIUtion Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Ij,—c~
Complainant,
)
AC
C)
I
)
(IEPA
No. 275 04-AC)
v.
)
)
CITY OF SALEM, ROGER KINNEY,
)
DICK
BROWN
and
JASON
BRUCE,
)
)
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
the
City of
Salem
is the
permitted
owner,
Roger Kinney is the
permitted
operator and Dick Brown and Jason
Bruce are the certified operators (collectively “Respondents”)
of a facility located at 900
East Lake Street, Salem, Marion County,
Illinois.
2.
That
said
facility
is
operated
as
a
sanitary
landfill,
operating
under
Illinois
Environmental Protection Agency Permit No.
1995-178-LFM, and is designated with Site Code No.
1218130007.
The facility is commonly known to
the Illinois
Environmental Protection Agency as
Salem/Salem Municipal
Landfill #2.
3.
That Respondents have
owned and/or operated
said facility at
all times pertinent
hereto.
I
4.
That
on
April
22,
2004,
John
Senjan
of
the
Illinois
Environmental
Protection
Agency’s
Collinsville
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
John
Senjan
during
the
course of his April 22,
2004 inspection of the above-referenced facility, the Illinois Environmental Protection Agency has
determined that
Respondents violated the Illinois
Environmental Protection
Act (hereinafter,
the
“Act”) as follows:
(1) That Respondents conducted a sanitary landfill in a mannerwhich resulted in uncovered
refuse remaining from any previous operating day oratthe conclusionof any operating
day,
unless authorized
by permit,
a violation of Section 21
(o)(5) of the Act, 415 ILCS
5/21
(o)(5) (2002).
(2)
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 the Act, 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 a
total of One Thousand Dollars ($1000.00).
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 June
30, 2004,
unless otherwise
provided
by
order of the
Illinois
Pollution
Control
2
Board.
If Respondents elect to contest thisAdministrative Citationby petitioning the Illinois Pollution
Control Board
in accordance with Section 31.1
of theAct, 415 ILCS5/31.1(2002), and if the Illinois
Pollution Control Board
issues a finding of violation as alleged herein,after an adjudicatoryhearing,
Respondents shall be assessed the associated hearing costs 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 the Act, 415
I LCS 5/31.1 (d)(1) (2002), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control
Board for review of 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 penalty specified 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 proper documentation 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
againstthe Respondents from thedate payment is due up to and including the date that payment is
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 FORCONTESTING
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 Citationor the Illinois Pollution
Control Board shall enter a default judgment against the Respondents.
-
~
0~/24~4~,
Date
_______
Renee
Clpriano, Dt
ctor
‘111~—
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
)
((EPA No. 275-04-AC)
v.
)
)
CITY
OFSALEM, ROGER KINNEY
)
DICK
BROWN
and
JASON BRUCE
)
Respondents.
)
FACILITY:
Salem/Salem Municipal L.F. #2
SITE CODE NO.:
1218130007
COUNTY:
Marion
CIVIL PENALTY:
$1000.00
DATE OF INSPECTION:
April 22, 2004
-
DATE REMITTED:
SS/FEIN NUMBER:
SIGNATURE:
NOTE
Please
enter the
date of your remittance,
your Social
Security
number (55)
if
an
individual
or
Federal Employer Identification Number (FE1N) if a corporation, and sign this Remittance Form.
Be
sure
your check
is
enclosed
and
mail,
along
with
Remittance
Form,
to
Illinois
Environmebtal
Protection Agency, Attn.:
Fiscal Services,
P.O.
Box 19276, Springfield, Illinois
62794-9276.
5
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN
THE MATTER OF:
)
)
ILLINOIS ENVIRONMENTAL
)
LPC# 1218130007
-
MARION COUNTY
PROTECTION AGENCY,
)
SALEMJSALEM MUNICIPAL LANDFILL
#2
Complainant
)
COMPLIANCE FILE
)
vs.
)
SALEM MUNICIPALLANDFILL #2
)
Respondent
)
)
Affiant, John S. Senjan being first duly sworn, voluntarily deposes and
states as follows:
1.
Affiant is a field inspectors employed by the Land Pollution Control Division of the
Environmental Protection Agency and has been so employed at all times pertinent hereto.
2.
On April 22, 2004 at approximately 6:45 a.m., affiant conducted an inspection at the
Salem Municipal Landfill #2.
The said site is commonly known to
the Agency as LPC#
1218130007-Marion County
—
Salem!Salem Municipal
Landfill #2.
3.
Affiant’s inspection included interviewing Certified Operator, Mr. Dick Brown as well as
walking and photographing the site.
4.
As a result ofthe activities referred to in paragraph three above, Affiant completed the
Landfill Inspection Report attached hereto and made a part hereof, which, to the best of
Affiant’s knowledge
and belief, is an accurate representation ofAffiant’s observations
and factual conclusions with respect to
said Salem Municipal Landfill #2.
Subscribed and Sworn To before me
This 20th day ofMay 2004
SEAL
~
~
Notary Public
“OFFICIAL
SEAL”
~
Paula
Ottensmejer
~
Notary Public,State of Illinoiø
MyCommission Expires
~
L
t/c~
/o7
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811
Solid Waste
Landfill
Inspection Checklist
Region:
6
-
Cellinsville
City of Salem
Attn:
Mr.
John
Pruden
101
South Broadway
Salem,
IL 62881
Chief Operator Mailing Address
AUTHORIZATION:
Sianificant Modification Permit
Initial:
1995-I 78-LFM
Latest
2003-306
To
7:20am
Previous Inspection Date:
12/22/2003
Weather:
~65°FPartly cloudy
Permitted Operator Mailing Address
Roger Kinney
101
South
Broadway
Salem,
IL 62881
Certified Operator Mailing Address
-
DESCRIPTION
rVIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
,:
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR
POLLUTION IN
ILLINOIS
El
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
El
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
0
4.
12(d)
CREATE A WATER POLLUTION HAZARD
0
5.
12(f)’
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN NPDES PERMIT
6.
21(a)
CAUSE OR ALLOW OPEN DUMPING
El
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
bythe Board
‘
Z
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.
County:
Marion
LPC#:
1218130007
Location/Site Name:
Salem
I
Salem
Community Landfill #2
Date:
04/22/2004
Time:
From
6:45am
Inspector(s):
John Senjan
No. of PhotosTaken:
#
7
Interviewed:
Jason
Bruce, Dick Brown
Permitted
Owner
Mailing Address
Samples Taken:
Facility Phone No.:
618/548-7781
Yes #
No
~
John
Pruden
Dick Brown
Jason
Bruce
OPERATIONAL STATUS:
TYPE
OF OPERATION:
Operating
Existing
Landfills
814-Subpart C
Closed-Not
Certified.
El
814-Subpart D
Closed-Date Certified:
New Landfills:
81 I-Putres./Chem.
El
El
Revised 06/18/2001
(811 Solid
Waste-i)
LPC#: 1218130007
Inspection Date: 04/22/2004
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS
IN
KNY
OF
THE
FOLLOWING CONDITIONS:
(1)
Refuse in Standing or Flowing Water
El
(2)
Leachate Flows
Entering Waters of the State
El
—
(3)
Leachate Flows
Exiting the Landfill Confines
El
—
(4)
Open Burning
of
Refuse
in Violation of Section
9 of the Act
El
—
(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
El
(7)
Acceptance of Wastes Without Necessary Permits
‘
El
—
(8)
Scavenging as Defined by Board
Regulations
El
—
(9)
Deposition
of Refuse in Any
Unpermitted Portion of the Landfill
El
(10)
Acceptance of Special Waste Without a Required Manifest
El
(11)
Failure to Submit Reports Required by Permits or Board
Regulations
El
(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
El
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL
(MSWLF) UNIT WITHOUT A PERMIT MODIFICATION
El
21.6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1.
19961
El
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
El
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
El
(b)
Failure to Take Remedial Action
,
El
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
El
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF
ANY
LEAD-ACID BATTERY
0
22.28(b)
ACCEPTANCE
OF WHITE GOODS FOR FINAL DISPOSAL
0
55(b)(1)
ACCEPTANCE OF ANY USED
OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS LANDFILL MEETS EXEMPTION OF 55(b)(1))
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
56.1(a)
INFECTIOUS
MEDICAL WASTE
-~
SOLID WASTE SITE OPERATOR CERTIFICATION LAW REQUIREMENTS
~-
0
4
1
225 ILCS
I
20.j
230/1004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
1
PROPER COM’ETENCY CERTIFICATE
0
-
-~.
~‘
‘
-
-
‘
-
‘
~
-
~5
ILLLNQ$S
ADMJNLSTRATIVE
CQDE REQUIREMENT-S
~
~
~
‘-~
-::~
‘
~suB~nTL~4::
~
~
1.
~
F
-~
-~
-
~,‘-~-
‘~-
,.
PPIAP I’fl
ñUC
ERTi1ICA’14IOI~I
REOUIR~MEi~I~S~
~
-~
~
~i
745.181
“-~“~“,“~---~ ‘‘,,~,-~----~
CHIEF OPERATOR REQUIREMENTS
0
22.
——-i——.
r
23.
745.201
-
r
809.301
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
0
..
SPECIAL WASTE
HAULING REQUIREMENTS
-.
~
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
J_El
Revised06/18/2001
(811 Solid Waste-2)
LPC#: 1218130007
Inspection Date:
04’22/2004
24.
809.302(a)
REQUIREMENTS
F
HAULERS
OR ACCEPTANCE
OF SPECIAL WASTE FROM
-
El
MANIFESTS, RECO RDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
25.
809.501
AND FORMS
(a)
Delivery of Special W
~J~)
-
Retention of Special
NEW
SOLID
WAS
aste to
Hauler
I
El
—
Waste Manifests
-
I
~
-
TE
LANDFILL
REQUIREMENTS
.
GENERAL STAND ARDS FOR ALL LANDFILLS
...
26.
811.1 03
(a)
(b)
SURFACE WATER
DRAINAGE
Runoff from Disturbed
Areas
I
El
—
Diversion
of Runoff from
Undisturbed Areas
J~
El
27.
811.104
(a)
(b)
(c)
(d)
SURVEY CONTROL
Boundaries Surveyed
Stakes and
Monumen
Stakes and
Monumen
Control Monument Es
and
Marked
ts Marked
ts Inspected
tablished and Maintained
-
El
El
El
El
28.
811.105
COMPACTION
‘
El
29.
811.1 06
(a)
(b)
DAILY COVER
Six Inches Soil
Alternative Daily Cove
El
r
30.
811.107
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
OPERATING STANDARDS
Phasing of Operations
0
Work Face Size and Slope
‘
0
Equipment
0
Utilities
0
Maintenance
‘
0
Open Burning
0
Dust Control
0
Noise Control
~
0
Vector Control
0
Fire Protection
0
Litter
Control
Mud Tracking
-‘
0
Liquid
Restrictions for MSWLF Units
‘
0
31.
811.108
(a)
(b)
(c)
SALVAGING
Salvaging Interferes with Operation
Safe and
Sanitary Manner
Management of Salvagable Materials
‘
0
0
0
32.
811.109
(a)
(b)
BOUNDARY CONTRO
Access Restricted
Proper Sign Posted
L
‘
0
0
Revised 06/18/2001
(811
Solid Waste-3)
LPC#: 1218130007
Inspection Date: 04/22/2004
33.
811.110
CLOSURE AND WRITTEN CLOSURE PLAN
-
(a)
Final Slopes and Contours
El
(b)
Drainage Ways and Swales
El
(c)
Final Configuration
El
(d)
Written Closure Plan
El
(e)
Initiation of Closure Activities
at MSWLF Units
El
—
(f)
Completion of Closure Activities at MSWLF Units
El
(g)
Deed Notation for MSWLF Units
El
34.
811.111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of
Final Volume of Waste
El
(b)
Remove
All
Equipment of Structures
El
(c)
Maintenance and Inspection
of the Final Cover
and Vegetation
El
(d)
Planned Uses of Property at MSWLF Units
El
-
35.
811.112
RECORDKEEPING REQUIREMENTS
FOR MSWLF UNITS
(a)
Location Restriction Demonstration
El
(b)
Load Checking Requirements
El
(c)
Gas Monitoring Records
El
(d)
MSWLF Liquid
Restriction Records
-
El
(e)
Groundwater Monitoring
Program Requirements
El
(f)
Closure and Post Closure Care Requirements
El
(g)
Cost Estimates and Financial Assurance Requirements
El
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)
J
0
37.
811.309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
General Requirements
El
(c)
Standards for On-Site Treatment and Pretreatment
0
.
(d)
Standards for Leachate Storage System
0
(e)
Standards for Discharge to Off-Site Treatment
0
(f)
Standards for Leachate Recycling Systems
0
(g)
Standards for Leachate Monitoring Systems
0
38.
811.310
LANDFILL GAS MONITORING
(FOR SITES ACCEPTING
PUTRESCIBLE WASTE)
(b)
Location
and Design of Gas Monitoring Wells
0
(c)
Monitoring Frequency for Landfill Gas
0
(d)
Monitoring Parameters
0
39.
811.311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation
of Gas
Management System
0
(b)
Notification_and_Implementation_Requirements
0
(c)
Standards for Gas Venting
0
(d)
Standards for Gas Collection
0
Revised 06/18/2001
(811 Solid Waste-4)
LPC#:
1218130007
Inspection
Date: 04/22/2004
40.
811.312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
-
(c)
No Unpermitted
Gas Discharge
El
(d)
Gas Flow Rate Measurements into Treatment of Combustion
Device
El
(e)
Standards for
Gas
Flares
El
(f)
Standards for On-Site
Combustion of Landfill
Gas
Using Devices Other Than
El
(g)
Gas Transported Off-Site
El
41.
811.313
INTERMEDIATE COVER
(a)
Requirements for the Application for Intermediate Cover
El
(b)
Runoff and
Infiltration Control
El
(c)
Maintenance
of Intermediate Cover
El
42.
811.314
FINAL COVER SYSTEM (DOES NOT APPLY TO PART 814 SITESTHAT HAVE
CLOSED, COVERED AND VEGETATED PRIOR TO SEPTEMBER 18,
1990)
(a)
General Requirements
El
(b)
Standards for
Low
Permeability Layer
El
•
(c)
Standards
for
Final Protective
Layer
El
43.
811.316
PLUGGING AND SEALING OF DRILL HOLES
El
44.
811.321
WASTE
PLACEMENT
-
(a)
Phasing of Operations
El
(b)
Initial Waste Placement
S
El
45.
811.322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and Minimizing Erosion
El
(b)
Slopes
Required to Drain
El
(c)
Vegetation
0
(d)
Structures
Built
over
the Unit
0
46.
811.323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
0
(b)
Load Checking Program for PCB’s at MSWLF
Units
0
(c)
Load Checking Program Components
0
(d)
Handling Reg~Iated
Hazardous Wastes
0
•
•
PART 811
SUBPART
D
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
•
•
:
•
•
.
:.
••
47.
811.402
NOTICE TO GENERATORS AND TRANSPORTERS
0
48.
811.403
SPECIAL WASTE MANIFESTS REQUIREMENTS
0
49.
811.404
IDENTIFICATION
RECORD
(a)
Special Waste
Profile
Identification
Sheet
0
(b)
Special Waste
Recertification
0
50.
811.405
RECORDKEEPING REQUIREMENTS
S
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
0
Revised 06/18/2001
(811
Solid Waste-5)
LPC#: 1218130007
Inspection
Date: 04/22/2004
~.
FINANCIAL ASSURANCE
-
52.
811.700
COMPLY
WITH FINANCIAL ASSURANCE REQUIREMENTS OF
PART
811
SUBPARTG
-
S
El
53.
81.1.701
UPGRADING FINANCIAL ASSURANCE
El
54.
811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
El
55.
811.705
REVISION OF COST ESTIMATE
El
soLID WASTE FEE SYSTEM REQUIREMENTS
5
56.
Part
858
Subpart B
MAINTAINED, RETAINED &SUBMITrED DAILY& MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHFRF
IN(~C)MIMC~
WASTF I~WFI(~HFfl(I I~T
S~PFC1FIC~
sFr.TInN
57.
Part
858
Subpart C
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHERE INCOMING WASTE IS NOT
WEIGHED (LIST SPECIFIC
OTHER REQUIREMENTS
OTHER:
APPARENT VIOLATION OF:
(El)
PCB;
(El)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED
ON:
-
A
~1
f
-
Signa~~,~rrnspector(s)
-~
S
Informational
Notes
1.
Illinois
Environmental
Protection Act: 415 ILCS
.
2.
Illinois Pollution
ContrQl Board:
35
III. Adm. Code, Subtitle G.
3.
Statutory and regulatory references
herein are provided for convenience
onlyand
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
(0)
of
Section 21
of the Illinois
Environmental Protection
Act shall be
enforceable either by administrative citation under Section 31.1
of the Act orby 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.
•
•~
58.
59.
Revised 06/18/2001
(811 Solid Waste-6)
•
.r~-
•~
••~‘,
:.pERM,T.pRovlSloNs
PERMIT NUMBER
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
Condition
II 3(e)
Page 6
Allowing uncovered refuse remaining from the previous operating
day or at the conclusion of any
operating day,
unless authorized by permit.
Condtion
II 3(I)
Page6
Failure to collect and contain litter from the site by the
end of each operating
day.
S
Condition
II 5(a)
Page 6
Failure to cover all
exposed waste by the end of each operating day.
Conditoin Il 8(a)
Page 8
Failure to
use clean construction or demolition debris as an alternative dailycover.
LPC#:1218130007
Inspection Date: 04/22/2004
Revised06/18/2001
(811 Solid Waste-7)
LPC #1218130007-Marion County
Salem / Salem Municipal Landfill #2
Compliance File
NARRATIVE INSPECTION REPORT
The purpose of this memorandum is to serve as the Narrative Inspection Report
Document ofan inspection conducted at the subject site on April 22, 2004.
The
inspection occurredbetween the hours of 0645
and 0720.
The weather at the time was
approximately
65
degrees Fahrenheit with cloudy skies and a mild breeze.
The soil
conditions were dry.
The inspection was specifically conducted in response to
a citizen complaint received at
the Agency.
In that complaint it was alleged that the City of Salem was violating its
landfill-operating permit.
In particular the complainant alleged the following:
1.
The city does not put on the required daily cover ofdirt ortarps.
2.
Litter is blowing offthe landfill property,
and shopping bags can be seen blown
into trees.
3.
In the summer, roads are not watered and so they become dusty.
S
4.
Portable pipes discharge liquids into a creek in various
locations (qbserved during
the Fall of2003).
S
5.
City wrongfully channels storm water to where it poois and breeds mosquitoes.
The storm water goes to
a drain at the corner ofMitchell and
Lackey.
In the following narrative, I will restate the complainant’s allegations in italics.
Directly
below each allegation I will state my findings and any observations made in
an attempt to
address each of the five allegations in numerical order.
1.
The city does not put on the required daily cover ofdirt or tarps.
I arrived at the landfill before the beginning of theirnormal operating hours,
0645.
No
one was present.
I parked my vehicle toward the northwest edge ofthe operating cell.
From there, I had
a good vantage point ofthe active face.
I did observe a tarp stretched
over the active face.
I also observed exposed refuse.
In particular~,I could make out
brightly colored shopping bags, such as the kinds used at Dollar General and Wal-Mart
(see photo #1).
S
At that point, the Site Operator,
Mr. Dick Brown drove up.
I explained to
him the
purpose ofmy visit and he agreed to accOm~any
during the rest ofmy inspection.
We
then drove to the active face ofthe landfill.
There .1 noted that completely surrounding
the Alternative Daily Cover (ADC) tarp was general refuse (see photo 2&3).
This is
a
violation of Sections 21(d)(1)(2), 21(e)
and
21(o)(5)
ofthe Act as well as a violation of
811.106(b) ofthe Regulations.
It is also subject to permit violations ofPart II.
OPERATING CONDITIONS, Sections 3(e) and 5(a).
LPC #1218130007-Marion County
Salem / Salem Municipal Landfill #2
Compliance File
(page 2)
Mr. Brown pointed out that a lot ofthe trash was covered with roofing shingles.
He
stated that the shingles are used to ADC.
Clean construction and demolition are part of
the permit to use as ADC.
Shingles do not meet the definition of clean construction and
demolition debris.
-
This is violation of Part II. OPERATING CONDITIONS, Section
8(a).
2.
Litter is blowing offthe landfillproperty, and shopping bags can be seen blown
into
trees.
After departing the active face we drove to the eastern section ofthe landfill.
There I
noted blowing debris in the landfill, on the road
and in adjacent trees (see photos 4,
5
and
6).
This is a violation of Section 21(o)(12) of the Act and
Section 811.107(k)
of
the
Regulations.
It is also a permit violation of Part II. OPERATING CONDITIONS,
Section
3(1).
S
3.
In the summer, roads are not watered and so they become dusty.
-
The roads were not dusty or muddy during the time ofmy inspection.
Road
conditions
will be monitored during any future vjolation.
S
S
4.
Portable pipes discharge liquids into a creek in various locations.
No pipes discharging leachate into a creek were observed.
5.
City wrongfully channels storm water to property where itpools and breeds
mosquitoes.
The storm water goes to a drain at the corner ofMitchell and Lackey.
During the inspection the ditches were dry so water drainage could not be evaluated.
I departed the site at approximately 0720.
cc:
Collinsville File
State ofIllinois
Environmental Protection Agency
Facility Diagram
Date ofInspection:
December 22,2003
Site Code:
1218130007
Site Name:
SalemlSalem Community
Landfill #2
Inspector:
John Senjan
County:
Marion
Time:
1:00pm
New Cell
2
-
AD
4
Landfill
#1
‘.
Landfill #2
1-.-..
7*~
(
45
Scale
LPC # 1218130007-Marion County
Salem/Salem Landfill #2
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE:
April 22, 2004
TIME: 6:45 a.m.
DIRECTION:
SE
-
PHOTO by: John
Senjan
PHOTO FILE
NAME:
1218130007~04222004-001
COMMENTS:
Alternative Daily
Cover
(ADC).
DATE:
April
22, 2004
TIME:
6:45
a.m.
DIRECTION: W
PHOTO by: John
Senjan
PHOTO FILE
NAME:
1218130007-~04222004-002
COMMENTS:
ADC, roofing
shingles and general refuse.
LPC
#
12181300007-Marion County
Salem/Salem Landfill #2
FOS
File
S
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: April
22, 2004
TIME: 6:45
a.m.
DIRECTION:
S
-
PHOTO by:
John Senjan
PHOTO FILE NAME:
12181 30007—04222004-003
COMMENTS:
ADC,
roofing
shingles, general refuse.
A mattress
can be seen in the lower center of
photo.
DATE:
April 22, 2004
TIME: 6:45
a.m.
DIRECTION: N
PHOTO by: John
Senjan
PHOTO FILE
NAME:
12181 30007~04222004-004
COMMENTS: Wind
blown litter.
LPC # 1218130007-Marion County
Salem/Salem Landfill
#2
FOS File
DATE:
April 22, 2004
TIME:
6:45a.m.
DIRECTION: N
PHOTO
by: John
Senjan
PHOTO FILE NAME:
12181 30007~—04222004-005
COMMENTS: Wind
blown litter in
trees.
DATE: April
22, 2004
TIME:
6:45
a.m.
DIRECTION: N
PHOTO
by: John
Senjan
PHOTO FILE NAME:
12181 30007—04222004-006
COMMENTS: Wind blown litter.
DIGITAL
PHOTOGRAPH PHOTOCOPIES
‘~N
LPC
# 1218130007-Marion County
Salem/Salem Landfill #2
FOS
File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: April
22, 2004
-
TIME: 6:45 a.m.
DIRECTION: E
-
PHOTO by: John
Senjan
PHOTO FILE NAME:
12181 30007~04222004-007
COMMENTS:
Ground water pump.
Note litter in trees behind pump.
PROOF OF SERVICE
I hereby certify that I did on the 3rd dayofJune 2004, send by Certified Mail, Return Receipt
Requested, with postage thereonfullyprepaid, by depositing in a United States PostOffice Box a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
CityofSalem
Roger
Kinney
Dick
Brown
andJason Bruce
JohnPruden
101 South Broadway
101 South Broadway
101 South Broadway
Salem, Illinois 62881
Salem, Illinois 62881
Salem, Illinois 62881
and the original
and nine
(9)
true and
correct copies ofthesame foregoinginstruments on thesame
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution ControlBoard
James R. Thompson Center
100 WestRandolph Street, Suite 11-500
Chicago, Illinois 60601
S
A
~
~4icl~le
M. Ryan
Special Assistant
Attorney General
Illinois Environmental Protection Agency
S
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
(217)782-5544
5
THIS FILING SUBMITTED ON RECYCLED PAPER
