RECEP/ED
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENcL~ERK’SOFFICE
1021
NORTH
GRAND AVENUE
EAST,
P.O. Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
2~JtJtL3213392OO4
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL ~
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIREpOHutiOfl
Control Board
(217) 782-9817
-~0
3
TDD: (217) 782-9143~
,A—~
July 8, 2004
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v.
City ofFreeport and Ryan Wilson
JEPA File No. 309-04-AC;
1770200015—Stephenson County
-
Dear Clerk
Guim:
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 for review contesting the Administrative Citation.
Ifyou have any questions or concerns, please do not hesitate to
contact me at the number above.
Thank you for yourcooperation.
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
•
COLLINSVILLE
—
2009 MaIl
Street,
Collinsville,
IL 62234 —(618) 346-5120
MARION
—2309 W. Main
St.,
Suite
116,
Marion,
IL 62959
—
(618) 993-7200
PRINTED
ON
RECYCLED
PAPER
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
JUL
132004
ILLINOIS ENVIRONIVIENTAL
PROTECTION AGENCY,
Complainant,
v.
ADMINISTRATIVE CITATION
CITY OF FREEPORT and RYAN WILSON,)
Respondents.
)
)
)
)
AC
)
)
(IIEPA No. 309-04-AC)
)
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
To:
Latacia Ishmon, City Clerk
City ofFreeport
230 West Stephenson
Freeport, IL
61032
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
July 8, 2004
Ryan Wilson, P.E.
Fehr-Graham and
Associates
221
B.
Main Street
Freeport,IL
61032
PLEASE TAKE NOTICE that on this
date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST.
Respectfully submitted,
Michelle M. Ryan
Special Assistant Attorney General
THIS
FILING SUBMITFED ON
RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
JUL
13
2004
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOAREISTATE OF ILLINOIS
Pollution Control Board
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
.
)
Complainant,
)
AC
V
(IEPA No. 309-04-AC)
V.
CITY OF FREEPORT and
RYAN
WILSON,
)
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 Freeport is the permitted ownerand operatorand Ryan Wilson, P.E.
is the certified operator (collectively “Respondents”) of
a
facility located
on
South Walnut Road,
Freeport, Stephenson County,
Illinois.
2.
That said facility isa closed, not yet certified, sanitary landfill, operating under Illinois
Environmental Protection Agency Permit No. 1995-281-LFM, and is designated with SiteCode No.
1770200015.
The facility is commonly known to
the Illinois
Environmental Protection Agency as
FreeportlMunicipal Landfill
#4.
3.
That
Respondents
have
owned and/or operated said facility
at all times pertinent
hereto.
4.
That
on
June
2,
2004,
Katherine
Geyer of the
Illinois
Environmental
Protection
Agency’s
Rockford
Regional
Office
inspected
the
above-referenced
facility.
A
copy
of
her
I
inspection
report setting
forth
the
results
of said
inspection
is attached hereto
and
made
a part
hereof.
VIOLATIONS
Based upon direct observations made by Katherine Geyerduring the course of her June 2,
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 rnannerwhichresuFtedin thefailure
to
submit
reports
required
by
permits or Board
Regulations,
a
violation
of
Section
21 (o)(1 1) of the Act, 415
ILCS 5/21
(o)(1 I)
(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 Five Hundred Dollars ($500.00).
If Respondents elect notto petition the Illinois
Pollution Control Board, the statutory civil penalty specified above shall be due-andpayabie-no Iate~r
than August13,
2004, unless otherwise provided
by order of the Illinois
Pollution Control
Board.
If Respondents elect to contest this Administrative Citation bype.titioning.the Illinois Pollution
Control Board
in accordance with
Section 31.1
of the Act, 415 ILCS 5/31.1(2002), and if the Illinois
Pollution Control
Board issues a finding of violation as alleged herein, afteran adjudicatoryhearing,
Respondents shall be assessed the associated hearingcosts-frrcurred bythellliriois-Environmental
Protection Agency and the Illinois Pollution Control Board. Those hearing costs shall be assessed
in addition to the statutory civil penalty.
2
Pursuant to Section 31.1 (d)(1) of theAct, 415 ILCS 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 the date payment is duetrp~toand
including thedate~that=payrnent
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 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.
-
R~,t&.e~
~
Date
Renee Cipriano, Director
~
Illinois Environmental Proteclion 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.
309-04-AC)
y.
)
CITY OF FREEPORT and
RYAN WILSON,
)
Respondents.
)
FACILITY:
FreeportlMunicipal Landfill
#4
SITE
CODE NO.:
1770200015
COUNTY:
Stephenson
CIVIL
PENALTY:
$500.00
DATE OF INSPECTION:
June
2, 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:
City ofFreeport,
Respondent
)
)
)
IEPA DOCKET
NO.
)
)
Affiant, Katherine Geyer,
being first duly sworn, voluntarily deposes and states as follows:
1.
Affiant is
a
field inspector employed by the Land Pollution
Control Division of
the
Environmental Protection Agency and has been so employed at all times pertinent
hereto.
2.
On June 2, 2004, between 9:20 a.m. and 10:40 a.m., Affiant conducted an inspection
ofa permitted landfill located in Stephenson County, Illinois and known as Freeport
Municipal Landfill #4 by the Illinois Environmental Protection Agency.
Said site has
been assigned site code number LPC#1770200015 by the Agency.
3.
Affiant
inspected
said
site by
an
on-site
inspection
which
included walking
and
photographing the site.
4.
As a result ofthe activities referred to in Paragraph 3 above, Affiant completed the
inspection Report form attached hereto and madea part hereof, which, to the best of
Affiant’s
knowledge
and
belief,
is
an
accurate
representation
of
Affiant’s
observations and factual conclusions with respect to
said landfill.
Subscribed
and Sworn to Before Me
this
,~
/
day of
,
2004
E
‘OFFICIAL SEAL”
TERESA
LABIJNSKI
Notary Public,
State of Illinois
My Commission Expires 1/10/2007
Notary Public
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811
Solid
Waste
Landfill Inspection Checklist
To
1040
Previous
Inspection Date:
03/25/2004
Weather:
cloudy, muddy,
600
F.,
humkl
Samples
Taken:
Interviewed:
Reggie Taylor and Ryan Wilson
Facility
Phone No.:
None
TYPE
OF
OPERATION:
Existing Landfills
814-Subpart C
814-Subpart D
~
-
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
El
4.
12(d)
CREATE A WATER POLLUTION HAZARD
.
El
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN
NPDES PERMIT
El
6.
21(a)
CAUSE OR ALLOW OPEN DUMPING
LI
.
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
El
9.
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT.
County:
Stephenson
Location/Site
Name:
Freeport/Freeport
Municipal Landfill #4
LPC#:
1770200015
Date:
06/02/2004
Time:
From
0920
Inspector(s):
Geyer,
Jacobsen
No. of Photos Taken:
#
5
Region:
1
-
Rockford
Permitted Owner
Mailing Address
Yes #
Latacia Ishmon,
Freeport City Clerk
230 W. Stephenson
Freeport,
IL
61032
Chief Operator Mailing Address
__No~
Permitted Operator Mailing Address
Ryan Wilson,
Fehr-Graham
and,4ssociates
221E.MainStreet
(~,
e~
Freeport,
IL
61032
(same as
owner)
-
j)
~‘~‘~V~o
/
UN
2
2 ~OO4
Certified Operator Mailing Address
Ryan Wilson, Fehr-Graham
an~A~o~t~
221
E.
Main Street
Freeport,
IL
61032
AUTHORIZATION:
Significant Modification
Permit
Initial:
1995-281-LFM
Latest
Mod. #10
(2-24-04)
OPERATIONAL STATUS:
Operating
Closed-Not
Certified.
LI
Closed-Date Certified:
____________
New Landfills:
El
El
811 -Putres./Chern.
Revised 06/18/2001
(811 Solid Waste-i)
LPC#: 1770200015
Inspection Date: June 2, 2004
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION
WHICH RESULTS IN
ANY OF THE
FOLLOWING CONDITIONS:
(1)
Refuse
in Standing or Flowing Water
.
LI
(2)
Leachate Flows Entering Waters of the State
LI
(3)
Leachate Flows_Exiting_the
Landfill
Confines
1j
(4)
Open Burning
of Refuse
in Violation of Section 9 of the Act
LI
(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
(application pending)
fl
(7)
Acceptance of Wastes Without Necessary Permits
LI
(8)
Scavenging as Defined
by Board Regulations
LI
(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
(12)
Failure
to Collect and Contain Litter by the End of each Operating Day
El
(13)
Failure
to Submit Any Cost Estimate,
Performance Bond or Other Security
El
11.
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL
SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
El
12.
21.6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY
1,
1996)
El
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
El
14.
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
El
(b)
Failure to Take Remedial Action
El
15.
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE
FOR FINAL DISPOSAL
El
16.
22.23(~(2)
CAUSE OR ALLOW THE
DISPOSAL OF ANY LEAD-ACID BATTERY
El
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
El
18.
55(b)(1)
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS
LANDFILL MEETS EXEMPTION OF 55(b)(1))
56.1(g)
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
INFEC11OUS MEDICAL WASTE
STE SITE OPERATOR CERTIFICATION LAW REQUIREMENTS
El
~
SOLID
Wi~
225 ILCS
CAUSING
OF ALLOWING OPERATION OF A LANDFILL WITHOUT
El
20.
23011004
PROPER COMPETENCY CERTIFICATE
_______
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
_______
.~...--~----.--.---
—---~=~
745.181
CHIEF OPERATOR REQUIREMENTS
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
23.
809.301
SPECIAL WASTE HAULING
REQUIREMENTS
REQUIREMENTS FOR DELIVERY
OF SPECIAL WASTE TO HAULERS
El
Revised 06/18/2001
(811 Solid Waste-2)
LPC#:
1770200015
Inspection Date: June
2, 2004
24.
809.302(a)
REQUIREMENTS FOR ACCEPTANCE
OF SPECIAL WASTE
FROM
HAULERS
El
25.
809.501
MANIFESTS, RECORDS, ACCESS TO RECORDS,
REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste
to Hauler
El
(e)
Retention of Special
Waste
Manifests
El
NEW SOLID WASTE LANDFILL REQUIREMENTS
PART 811
fl
1~ti
1
fl
A I
p.r
A tifl
a nn
p.
.p.
n
A I
I
I
A .inI—Il
I
(a)
Runoff from
Disturbed Areas
El
(b)
Diversion of Runoff from
Undisturbed Areas
El
27.
811.104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
El
(b)
Stakes and Monuments Marked
El
(c)
Stakes and Monuments Inspected
El
(d)
Control Monument Established
and Maintained
El
28.
811.105
COMPACTION
El
29.
811.106
DAILY COVER
(a)
Six Inches Soil
El
(b)
Alternative Daily Cover
El
30.
811.107
OPERATING STANDARDS
(a)
Phasing of Operations
El
(b)
Work Face Size
and Slope
.
El
(c)
Equipment
El
(d)
Utilities
El
(e)
Maintenance
El
(f)
Open Burning
.
El
(g)
Dust Control
El
(h)
Noise Control
El
.
(i)
Vector Control
El
(I)
Fire Protection
El
(k)
Litter Control
El
(I)
Mud Tracking
El
(m)
Liquid Restrictions for MSWLF Units
El
31.
811.108
SALVAGING
(a)
Salvaging Interferes with Operation
El
(b)
Safe and Sanitary Manner
El
(c)
Management of Salvagable Materials
.
El
32.
811.109
BOUNDARY CONTROL
(a)
Access Restricted
El
—
(b)
Proper Sign Posted
El
26.
811.103
SURFACE WATER DRAINAGE
Revised 06/18/2001
(811 Solid Waste-3)
LPC#: 1770200015
Inspection Date: June
2, 2004
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
(f)
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
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
_________
(b)
Load Checking Requirements
_________
(c)
Gas
Monitoring
Records
_________
(d)
MSWLF Liquid Restriction
Recprds
_________
(e)
Groundwater Monitoring
Program
Requirements
_________
(f)
Closure
and
Post Closure
Care Requirements
(g)
Cost Estimates and
Financial Assurance Requirements
PART 811
SUBPART
PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
C
36.
811.302
FACILITY LOCATION
(c)
Site Screening (Does
Not Apply To Part 814-Subpart
D Sites)
.
I
El
37.
811.309
LEACHATE TREATMENT AND
DISPOSAL SYSTEM
General Requirements
Standards for On-Site Treatment and Pretreatment
Standards for Leachate Storage System
Standards for Discharge to Off-SiteTreatment
Standards for Leachate Recycling Systems
Standards for Leachate Monitoring
Systems
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(a)
(c)
(d)
(e)
(f)
(g)
38.
811.310
(b)
Location and
Design of
Gas
Monitoring Wells
El
(c)
Monitoring
Frequency for Landfill
Gas
El
(d)
Monitoring
Parameters
El
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
________
811.311
LANDFILLS)
_________
(a)
Conditions for Installation of Gas Management System
_________
(b)
Notification and Implementation
Requirements
_________
(c)
Standards for
Gas Venting
_________
(d)
Standards for
Gas
Collection
39.
Revised 06/18/2001
(811 Solid Waste-4)
LPC#: 1770200015
Inspection
Date: June
2, 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
.
(g)
Gas
Transported Off-Site.
El
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
El
(b)
Standards for Low
Permeability Layer
(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
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
El
(d)
Structures Built over the Unit
El
46.
811.323
LOAD CHECKING PROGRAM
(a)
Load Checking Program
Implemented
El
(b)
Load Checking Program for PCB’s
at MSWLF Units
.
El
(c)
Load Checking Program Components
.
El
(d)
Handling Regulated Hazardous Wastes
El
47.
PART 811
SUBPART
D
811.402
MANAGEMENT OF SPECIALWASTES AT LANDFILLS
.
NOTICE TO
GENERATORS AND TRANSPORTERS
El
48.
811.403
SPECIAL WASTE MANIFESTS REQUIREMENTS
El
49.
811.404
IDENTIFICATION RECORD
(a)
Special Waste
Profile
Identification Sheet
El
(b)
Special Waste
Recertification
El
50.
811.405
RECORDKEEPING REQUIREMENTS
El
51.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
El
Revised 06/18/2001
(811 Solid Waste-5)
LPC#: 1770200015
Inspection Date:
June
2, 2004
FINANCIALASSURANCE
52.
811.700
COMPLY
WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
El
53.
811.701
UPGRADING FINANCIAL ASSURANCE
El
54.
811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
El
55.
811.795
REVISION OF COST ESTIMATE
El
SOLIDWASTE FEESYSTEM REQUIREMENTS
56.
Part
858
Subpart B
MAINTAINED, RETAINED
& SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
.
El
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
El
OTHER REQUIREMENTS
58.
OTHER:
APPARENT VIOLATION OF:
(El)
PCB;
(El)
CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON:
-
59.
Part
813.504
ANNUAL REPORT CONTENTS AND SUBMITTAL TO THE AGENCY
Signafure of1~spe~t~r(~)
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 providedfor 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 theAct.
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)
LPC#:
1770200015
Inspection Date:
June 2,
2004
PERMIT~PROVISIONS
.
PERMIT NUMBER
DESCRIPTION
OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
.
1995-281-LFM
1.23, pg. 6
(low permeability layer not constructed within time frames)
(Mod. #10, 2~24~O4)*
.
111.2, pg.
14 (annual report not submitted)
VIII.3,
pg. 20 (closure not completed within 180
days of beginning closure)
Xl.2,
pg. 23 (modifications
made without
a submitted
permit application)
*(note:
Modification
#9 was
used in
previous inspections, so
the condition numbers for existing violalions may be slightly
different than the
past reports).
,
Revised 06/18/2001
(811 Solid Waste-7)
1770200015—Stephenson county
Freeport Municipal
Landfill #4
June2,2004
KathyGeyer
.
Pagelof3
2~
2Oo~
General Remarks
On June 2, 2004,
Kaare Jacobsen and the writer (Kathy Geyer) conducted a
solid waste inspection at the Freeport Municipal Landfill
No. 4.
This inspection
was conducted to determine whether the facility was
in compliance with
all
applicable rules and
regulations set forth
by the
Illinois
Environmental
Protection
Agency (IEPA) and the
Illinois Pollution Control Board.
The above referenced
facility is located on South Walnut
Road
in
Freeport,
Illinois.
On April
5,
2003 the Freeport Municipal Landfill
No. 4 ceased accepting waste.
Fehr-Graham and Associates,
on behalf of the
City of Freeport submitted a
Permit application
(log #2003-441) to extend
closure activities beyond the
required 6 months after acceptance of the last load of waste.
The original
deadline date, April
13, 2004, has been extended until July
12,
2004.
The
extension was considered necessary by Fehr-Graham
and Associates and the
IEPA’s Permit Section to allow further information to be submitted.
During
a
previous inspection,
which took place on September 8, 2003, alleged
solid waste violations were
cited.
A Violation Notice (M-2003-01038) was mailed
to the City Clerk, Latacia
lshmon.
Since then,
Fehr-Graham & Associates, on
behalf ofthe
City of Freeport, have
responded to the Violation Notice.
The
response,
a Compliance Commitment Agreement letter, was
rejected.
Fehr-
Graham then submitted a second proposal (which was
not considered a
Compliance Commitment Agreement pursuant to Section 31
of the Regulations),
which was acceptable and
resolved some of the violations.
The City of Freeport
was notified in January of 2004 of the
resolved violations by letter.
Another
inspection was completed on March
25,
2004.
As a result of the March 25
inspection,
a letter was
mailed to Latacia Ishmon,
resolving
several more
violations, but reiterated that there remained several violations from the original
inspections.
Upon
arrival at 9:20a.m, we identified ourselves to the director of the
Freeport
Community Development Department, Reggie Taylor and
a representative ‘from
Fehr-Graham
& Associates,
Ryan Wilson.
Mr. Ryan Wilson was, as of the date
ofthis inspection, the Certified Operator of the landfill, and had submitted an
application for Prior Conduct Certification.
As of June 4, 2004, the Prior Conduct
Certification was
granted
(two days after this inspection), making Mr. Wilson
the
Chief Operator.
.
We then proceeded walking along the south side of the landfill on the old haul
road, and continued along the
haul
road over the east edge ofthe
landfill to the
north side of the
landfill.
We found several areas with
exposed
refuse, mostly
from erosion, with small gullies.
Also, there were several “washouts” along the
lower levels of the
landfill, with what appeared to be clayey sand fanning out.
It
1770200015-Stephenson County
Freeport Municipal
Landfill #4
June 2,
2004
Kathy Geyer
Page
2 of3
was obvious that the
intermediate cover in these areas, especially on the
southeast, east, and northeast sides
had less than the
required
12” thickness for
intermediate cover.
The conditions were
muddy, but the road was passable.
The vegetation on the
landfill was
still sparse, as mentioned
in previous reports.
When
I
asked
Mr. Wilson ifthey attempted to seed the
landfill,
he told
us “no, we
just
let the weeds grow.”
There were also several areas of small leachate flows,
but upon further investigation, they appeared to be self-limiting at this time.
They
didn’t
go off of the
landfill proper or into a waterway.
Five photographs were taken.
The following is a description of the photographs.
They are
all
stored
in digital
file #1770200015-06022004.
•
#001 faces
north, near the southeast corner of the
landfill, showing a “nil”
with
a leachate
seep and
exposed refuse.
•
#002 faces
west, showing
a
self-limiting
leachate seep at the east side of
the
landfill.
•
#003 faces west, showing the east face of the
landfill, with several washed
out gullies.
•
#004 faces west, showing
a tire
which popped through the intermediate
cover,
and some other uhidentifiable refuse (the tire may have been
accepted before the landfill ban, this is
an older portion of the landfill).
•
#005 faces
southeast, showing the northeast side of the landfill.
On June
15, 2004,
I
noted that the
Rockford Regional Office had
not yet received
a copy of the annual
landfill report, as required by the
permit, Section 813.504 of
the
Regulations, and
Section 21(o)(1 1) of the Act.
I
confirmed that the Agency
had
not received a
copy by contacting Jackie Muchow of the Administrative
Support Unit at the Agency’s headquarters, who maintains a database of all of
the required reports.
This report was due by May 1, 2004, according to Permit
condition
#111.2 on page
14.
The report covers calendar year 2003.
The annual
report was also not received for the calendar year 2002.
During this inspection,
the following are “new” apparent violations:
•
Sect. 21(o)(5) of the Act; uncovered refuse;
•
Sect: 21(o)(1 1) of the Act; failure to submit
required
report (2 annual
reports);
•
Sect. 811.313(a) of the Regulations;
inadequate depth of intermediate
cover;
•
Sect. 811.313(b) of the Regulations; intermediate cover not graded to
facilitate drainage of runoff and
minimize infiltration;
•
Sect. 811.313(c) of the
Regulations; grade and thickness of intermediate
cover shall be maintained,
all cracks,
rills.
.
.
shall be maintained to prevent
exposure of refuse by vectors, and to minimize infiltration...;
1770200015—Stephenson County
Freeport Municipal
Landfill #4
June 2, 2004
Kathy Geyer
Page 3 of 3
•
Sect. 813.504 of the
Regulations; required annual
report not submitted to
the Agency;
•
Condition
111.2, pg.
14 of Modification #10 of the permit; required annual
report not submitted.
The following solid waste violations appear to be outstanding at this time, from
previous inspections, along with deadlines:
Outstanding
Violation:
Date scheduled for
compliance:
21(d)(1) of the Act
03/01/04
21(d)(2)
03/01/04
745.181 of the
(resolved 6/4/04)
Regulations
745.201
(resolved
6/4/04)
811.110(e)
07/12/04*
811.314(b)
07/12/04
Permit conditions:**
Date scheduled for
compliance:
1.23, pg.
6
07/12/04
1.43, pg.
13
None
(resolved 6/4/04)
VIll.3, pg.
20
07/12/04
Xl.2, pg.
23
None
*
July
12,
2004
is
the
permit deadline
for application log
#2003-441.
All
of
the alleged
violations
with this deadline
are part of
application log #2003-441.
**
The listed permit
conditions
are
from
Modification
#10 ofpermit
#1995-281-LFM, dated February 24,2004.
The same permit
violations were cited previously, but may have slightly different reference numbers.
l770200015-Stephensofl County
Freeport Muni. Landfill #4
Date of Inspection:
June
2,
2004
Time of Inspection:
0920-1000
Fairgrounds
Rd
k
y.#o’
‘~-
-~-~
S. ~
S~,
~
fi
./;‘
LL
I
/
(certified
closed
Freeport Muni.
#2 & 3)
(no
scale)
(photos
in
digital file #1770200015~~~06022004)
N
S
A~rs.~4~
A
LPC # 1770200015—
Stephenson
County
Freeport/Freeport Municipal Landfill #4
FOS File
DATE: ~-2-04
TIME: 0.931
DIRECTION: north
PHOTO
by: Jacobsen
PHOTO
FILE NAME:
1770ZO00~l15r-O6O2O4-001
COMMENTS: leachate seep
DATE: 6-2-04
TLMI
0933
DIRECTION: west
PHOTOby: Jacobsen
PHOTO FILE
NAME:
t77O2OO0~Ii5—4~6O2O4-O02
COMMEIS:
leachate seep
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC #
1770200015
—
Stephenson County
Freeport/Freeport Municipal Landfill #4
FOS
File
DATE:
6-~2-04
TIME: 0.937
DIRECTION: west
PHOTO by: Jacobsen
PHOTO FILE NAME:
17702000115’—060204-003
COMI~TS:The
east
face of
the closed landfill.
DATE:
6~-2-O4
TII~.-
~~937
DIRECTION: west
PHOTO
by
Jacobsen
PHOTO FILE
NAME:
i77O2OO~5~—O6O2U4-O04
COMMENTS: An
exposed
DIGITAL PHOTOGRAPH PHOTOCOPIES
usediwastetire.
LPC # 1770200015
—
Stephenson County
FreeportiFreeport Municipal Landfill #4
FOS File
DIGITAL PHOTOGRAPH PHOTOCOPIES
DATE: 6~-2-04
TIME: 0942
DIRECTION:
southeast
PHOTO
by
Jacobsen
PHOTO FILE
NAME:
~77O.2O0()1~5—Q6O2O4-O05
COMMUNS: The
northeast
section
ofthe closed landfill.
PROOF OF SERVICE
I hereby certify that I did on the 8th day ofJuly 2004,
send by Certified Mail, Return Receipt
Requested, with postage thereonfullyprepaid, by depositing in a United States PostOfficeBox a true
and
correct
copy
of
the
following
instrument(s)
entitled
ADMINISTRATIVE
CITATION,
AFFIDAVIT,
and OPEN DUMP INSPECTION CHECKLIST
To:
Latacia Ishmon,
City Clerk
Ryan Wilson, P.E.
City ofFreeport
Fehr-Graham and Associates
230 West Stephenson
221
E. Main Street
Freeport, IL
61032
Freeport, IL
61032
and 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
-
‘~IichelleM. Ryan
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
