INFORMATIONAL NOTICE
! ! !
C
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 James R
. Thompson
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 .
RECEjVEDCLERK'S
OFFICE
.
FEB 0
r;
2006
Pollution
STATE OF
Control
ILLINOISBoard
If you elect to contest the enclosed 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
.
Any person other than individuals MUST appear through an attorney-
at-law licensed and registered to practice law
. Individuals may
appear on their own behalf, or through an attorney
. 35 III . Adm.
Code 101 .400(a) .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
t)L
~C
v .
)
(IEPA No
. 5-06-AC)
CITI OF FREEPORT and RYAN WILSON,)
Respondents .
)
NOTICE OF FILING
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: February 3, 2006
To:
Shelly Griswold, Community Development
Ryan Wilson, P
.E.
Director for the City of Freeport
Fehr-Graham and Associates
230 West Stephenson Street
221 E
. Main Street
Freeport, IL 61032
Freeport, IL 61032
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 OPEN DUMP INSPECTION CHECKLIST
.
Respectfully submitted,
Ichelle M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
RECE
CLERK'S
OFFICE
VE®
FER 0 E 2006
Pollution
OF
Board
A,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
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 (2004) .
FACTS
1 .
That the City of Freeport is the permitted owner and operator and 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 is a closed, not yet certified, sanitary landfill, operating under Illinois
Environmental Protection Agency Permit No . 1995-281 -LFM, and is designated with Site Code No .
1770200015
. The facility is commonly known to the Illinois Environmental Protection Agency as
Freeport/Municipal Landfill #4 .
3.
That Respondents have owned and/or operated said facility at all times pertinent
hereto .
4 .
That on December 13, 2005, Kaare Jacobsen of the Illinois Environmental
Protection Agency's Rockford Regional Office inspected the above-referenced facility
. A copy of his
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
Complainant,
V .
RECEIVECLERK'S
OFFICED
FEB 0 6 2006
POllut on
O
Control Board
I
AC ()G_
(IEPA No . 5-06-AC)
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Kaare Jacobsen during the course of his
December 13, 2005 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 manner which resulted in the
acceptance of wastes without necessary permits, a violation of Section 21
(o)(7)
of the
Act, 415 ILCS 5/21 (o)(7) (2004).
(2) That Respondents conducted a sanitary landfill in a manner which resulted in the
deposition of refuse in an un-permitted portion of the landfill, a violation of Section
21(o)(9) of the Act, 415 ILCS 5/21 (o)(9)
(2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5/42(b)(4) (2004), 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 ($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 laterthan
February 28, 2006,
unless otherwise provided by order of the Illinois Pollution Control
Board .
2
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31 .1 of the Act, 415 ILCS 5/31 .1 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
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 ILCS 5/31 .1 (d)(1) (2004), 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
against the Respondents from the date 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 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 (2004)
. 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 or the Illinois Pollution
Control Board shall enter a default judgment against the Respondents .
Prepared by:
to sc-~
Douglas P.
ott, Director
ba ~ '1
Illinois Environmental Protection Agency
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
Date 213 )ob
DATE OF INSPECTION :
December 13, 2005
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
.
REMITTANCE FORM
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Dlg
"^G'~
(IEPA No. 5-06-AC)
v.
)
CLERK'S
OpFIC
FEg 0 6 2006
Col
A o
n
OF
Control
ILLINOISBoard
5
CITY OF FREEPORT and RYAN WILSON,
)
FACILITY
:
Respondents .
)
Freeport/Municipal Landfill #4
SITE CODE
NO.: 1770200015
COUNTY :
Stephenson
CIVIL PENALTY
: $1000 .00
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IN THE MATTER OF :
)
Shelly Griswold, Community
Development Director
)
IEPA DOCKET NO.
Respondent
)
Affiant, Kaare Jacobsen, 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 December 13, 2005, between 11:44 a.m.
and 12:20 p.m.,
Affiant
conducted an inspection of a 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 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 accurate
representation of Affiant's observations and factual conclusions with respect
to said landfill.
Subscr ed and Sworn to Before Me
this
/~ day
of a1X G(aA ,(~
, 2006
Notary Public
TERESA
"OFFICIALLABUNSKISEA
:
Notary Public, State of Illinois
''1y Commission Expires 111012007
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
County :
Stephenson
LPC#:
1770200015
Location/Site Name :
Freeport/Freeport Municipal Landfill # 4
Date :
12/13/2005 Time :
From 11 :44 am
To 12:20
pm Previous Inspection Date : 09/22/2005
Inspector(s) :
Jacobsen
Weather : 20 degrees, frozen ground conditions
No. of Photos Taken : # 5
Interviewed :
Ryan Wilson, Certified Operator
Permitted Owner Mailing Address
Shelly Griswold, Community Development Director
230 West Stephenson Street
Freeport, IL 61032
Chief Operator Mailing Address
Ryan Wilson, Fehr Graham and Associates
221 East Main Street
Freeport, IL 61032
Revised 06/18/2001
OPERATIONAL STATUS
:
Operating
El
AUTHORIZATION
:
Significant Modification Permit
Initial
: 1995-281-LFM Closed-Not Certified .
Latest Mod. # 12 (01-10-05) Closed-Date Certified : New Landfills
:
(811 Solid Waste-1)
Region :
1 -
Rockford
Samples Taken :
Yes #
No
Facility Phone No .: None
Permitted Operator Mailing Address
same as owner
JAN 1 3 2006
Certified Operator MailingW(RA, i
same as operator
TYPE OF OPERATION :
Existing Landfills
814-Subpart C
814-Subpart D
0
811-Putres ./Chem .
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
∎
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
El
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION
HAZARD
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN NPDES PERMIT
6.
21(a)
CAUSE OR ALLOW OPEN DUMPING
7.
21(d)
CONDUCT ANY WASTE-STORAGE,
WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
Any Conditions
Permit
Without a Permit or in Violation of
Permit
of a
(See
(1)
Provisions)
(2)
In Violation of Any Regulations or Standards Adopted by the Board
~~
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR
TRANSPORT ANY WASTE INTO THE
STATE AT/TO SITES NOT
~~
8.
21(e)
MEETING REQUIREMENTS OF ACT AND REGULATIONS
9.
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE,
TREATMENT OR
DISPOSAL OPERATION WITHOUT
A RCRA PERMIT.
LPC # : 1770200015
Inspection Date
: December 13, 2005
Revised 06/18/2001
(811 Solid Waste- 2)
10.
21(o)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN ANY OF THE
FOLLOWING CONDITIONS :
(1)
Refuse in Standing or Flowing Water
(2)
Leachate Flows Entering Waters of the State
(3)
Leachate Flows Exiting the Landfill Confines
(4)
Open Burning of Refuse in Violation of Section 9 of the Act
(5)
Uncovered Refuse Remaining From Any Previous Operating Day or at the
Conclusion of Any Operating Day
(6)
Failure to Provide Final Cover Within Time Limits
(7)
Acceptance of Wastes Without Necessary Permits
0
(8)
Scavenging as Defined by Board Regulations
(9)
Deposition of Refuse in Any Unpermitted Portion of the Landfill
G
(10)
Acceptance of Special Waste Without a Required Manifest
(11)
Failure to Submit Reports Required by Permits or Board Regulations
Q
(12)
Failure to Collect and Contain Litter by the End of each Operating Day
(13)
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
11 .
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE
nnnnicirATInpiLANDFILL
(MSWLF) UNIT WITHOUT A PERMIT
12.
21 .6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1 . 1996)
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
14.
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
(b)
Failure to Take Remedial Action
15.
22.22(c)
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
16.
22.23(f)(2)
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
18.
55(b)(1)
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS LANDFILL MEETS EXEMPTION OF 55(b)(1))
19.
56.1(a)
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
INFECTIOUS MEDICAL WASTE
SOLID WASTE SITE OPERATOR CERTIFICATION LAW REQUIREMENTS
20.
225 ILCS
230/1004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
91
745 .181
CHIEF OPERATOR REQUIREMENTS
U
22.
745 .201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
SPECIAL WASTE HAULING REQUIREMENTS
23.
809 .301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
LPC #: 1770200015
Inspection Date
: December 13, 2005
Revised 06/18/2001
(811 Solid Waste- 3)
24.
809 .302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
25.
809 .501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste to Hauler
(e)
Retention of Special Waste Manifests
NEW SOLID WASTE LANDFILL REQUIREMENTS
PART 811
SUBPART
GENERAL STANDARDS FOR ALL LANDFILLS
26.
811 .103
SURFACE WATER DRAINAGE
(a)
Runoff from Disturbed Areas
(b)
Diversion of Runoff from Undisturbed Areas
27.
811 .104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
(b)
Stakes and Monuments Marked
(c)
Stakes and Monuments Inspected
(d)
Control Monument Established and Maintained
28.
811 .105
COMPACTION
29.
811 .106
DAILY COVER
(a)
Six Inches Soil
(b)
Alternative Daily Cover
∎
30.
811
.107
OPERATING STANDARDS
(a)
Phasing of Operations
∎
(b)
Work Face Size and Slope
(c)
Equipment
(d)
Utilities
(e)
Maintenance
(f)
Open Burning
(q)
Dust Control
(h)
Noise Control
(i)
Vector Control
(j)
Fire Protection
(k)
Litter Control
(I)
Mud Tracking
(m)
Liquid Restrictions for MSWLF Units
31 .
811 .108
SALVAGING
(a)
Salvaging Interferes with Operation
(b)
Safe and Sanitary Manner
(c)
Management of Salvagable Materials
32.
811
.109
BOUNDARY CONTROL
(a)
Access Restricted
4b)
Proper Sign Posted
LPC # : 1770200015
Inspection Date : December 13, 2005
Revised 06/18/2001
(811 Solid Waste-4)
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
(b)
Remove All Equipment of Structures
(c)
Maintenance and Inspection of the Final Cover and Vegetation
(d)
Planned Uses of Property at MSWLF Units
35 .
811 .112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
(b)
Load Checking Requirements
(c)
Gas Monitoring Records
(d)
MSWLF Liquid Restriction Records
(e)
Groundwater Monitoring Program Requirements
(f)
Closure and Post Closure Care Requirements
(g)
Cost Estimates and Financial Assurance Requirements
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)
37 .
811 .309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
General Requirements
(c)
Standards for On-Site Treatment and Pretreatment
(d)
Standards for Leachate Storage System
(e)
Standards for Discharge to Off-Site Treatment
(f)
Standards for Leachate Recycling Systems
(g)
Standards for Leachate Monitoring Systems
38 .
811 .310
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(b)
Location and Design of Gas Monitoring Wells
(c)
Monitoring Frequency for Landfill Gas
(d)
Monitoring Parameters
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
39.
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
LPC #
: 1770200015
Inspection Date : December 13, 2005
Revised 06/18/2001
(811 Solid Waste- 5)
40.
811 .312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
(c)
No Unpermitted Gas Discharge
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
(e)
Standards for Gas Flares
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flares
(q)
Gas Transported Off-Site
41 .
811 .313
INTERMEDIATE COVER
(a)
Requirements for the Application for Intermediate Cover
(b)
Runoff and Infiltration Control
(c)
Maintenance of Intermediate Cover
42 .
811.314
FINAL COVER SYSTEM (DOES NOT APPLY TO PART 814 SITES THAT HAVE
CLOSED, COVERED AND VEGETATED PRIOR TO SEPTEMBER 18, 1990)
(a)
General Requirements
(b)
Standards for Low Permeability Layer
∎
(c)
Standards for Final Protective Layer
43 .
811 .316
PLUGGING AND SEALING OF DRILL HOLES
44 .
811 .321
WASTE PLACEMENT
(a)
Phasing of Operations
(b)
Initial Waste Placement
45.
811 .322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and Minimizing Erosion
(b)
Slopes Required to Drain
(c)
Vegetation
(d)
Structures Built over the Unit
46.
811 .323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
(b)
Load Checking Program for PCB's at MSWLF Units
∎
(c)
Load Checking Program Components
(d)
Handling Regulated Hazardous Wastes
PART 811
SUBPART
D
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
47.
811 .402
NOTICE TO GENERATORS AND TRANSPORTERS
48.
811 .403
SPECIAL WASTE MANIFESTS REQUIREMENTS
49.
811
.404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
(b)
Special Waste Recertification
50.
811 .405
RECORDKEEPING REQUIREMENTS
51 . 811
.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC # : 1770200015
Inspection Date : December 13, 2005
Revised 06/18/2001
(811 Solid Waste-6)
Signature of Inspector(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 .
PART 811
SUBPART
G
FINANCIAL ASSURANCE
52.
811 .700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
53.
811 .701
UPGRADING FINANCIAL ASSURANCE
54.
811 .704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
55.
811 .705
REVISION OF COST ESTIMATE
SOLID WASTE FEE SYSTEM REQUIREMENTS
56 .
Part 858
Subpart B
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHFRF INC:C)MIN(
; WASTF IS WFI(,HFf II IST SPFCIFIC
: SFCTIC)N
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
OTHER REQUIREMENTS
58.
OTHER :
r
APPARENT VIOLATION OF :( )PCB ;( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
59.
∎
LPC #: 1770200015
Inspection Date : December 13, 2005
Revised 06/18/2001
(811 Solid Waste-7)
1
PERMIT PROVISIONS
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
PERMIT NUMBER
1995-281-LFM
Cond
. I # 6(f), pg 3, Acceptance of waste without necessary permits .
(mod . # 14)
Cond . I # 6(h), pg 4, Deposition of refuse in any unpermitted (i.e. without an Illinois EPA approved
significant modification authorizing operation) portion of the landfill
.
Cond . VIII # 4, pg 20, No refuse shall be accepted from off-site sources during closure .
Standard Condition # 3, There shall be no deviations from the approved plans and specifications
unless a written request for modification of the project, along with plans and specifications as
required, shall have been submitted to the Agency and supplemental written issued
.
1770200015 -
Stephenson County
Freeport/Freeport Municipal Landfill # 4
NARRATIVE INSPECTION REPORT
On December 13, 2005, I (Kaare Jacobsen) 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 according
to the solid waste statutes set forth by the Illinois Environmental Protection Agency
. The
above referenced facility is located on South Walnut Road in Freeport, Illinois . Agency
correspondence should be addressed to the Community Development Director,
Shelly
Griswold, at Freeport City Hall located at 230 West Stephenson Street, in Freeport,
.
Illinois .
On April 5, 2003 the Freeport Municipal Landfill No . 4 ceased accepting solid
waste . A permit application was submitted by Fehr-Graham and Associates (consulting
group representing the City of Freeport) to extend the closure activities
beyond the
required six months after acceptance of the last load of waste . On August 5, 2004 the
permit modification was granted .
Upon arrival at 11 :44 a.m., I introduced myself to a representative of Fehr-
Graham & Associates, Ryan Wilson . Mr. Wilson is the Chief Operator for the Freeport
Municipal Landfills .
The inspection began by discussing the operating permit (1995-
28 1 -LFM) issued by the Permit Section in Springfield, Illinois.
After a brief discussion, Mr . Wilson had to vacate the premises for business
reasons, so I began to take tour of the permitted site .
Photographs 1770200015-121305-
001 and 002 indicates soil and broken concrete on the northeast footprint of the landfill .
Photograph 1770200015121305-003 indicates a leachate seep located on the
southeastern part of the landfill .
The waste construction or demolition debris, located on the northeast corner of
the permitted site, was generated from the Waste Transfer Station construction
project
that is occurring just south of the permitted site . The waste debris contains mostly broken
concrete (with rebar) and soil, which meets the definition of Section 3 .160(a) of the Act
(General Construction or Demolition Debris) .
The inspection concluded at 12 :20 p.m., with the following solid waste violations
cited during the time of the inspection : 21(d)(1), 21(d)(2),
.21(o)(7) and 21(o)(9) of the
Environmental Protection Act and Permit Conditions I # 6(f), I # 6(h), VIII # 4 and
Standard Condition # 3
. The above- mentioned violations were cited due to the facility
causing or allowing the contractor to transport waste construction or demolition
debris, from the nearby Transfer Station construction site, onto the permitted closed
(not certifed) landfill Also, the facility failed to notify the Agency that such actions
had taken place at the permitted landfilL
On December 28, 2005, I conducted a site visit to estimate the amount of cubic
yards of Construction & Demolition Debris on the northeast
section of the landfill.
Photographs 1770200015122805-001 and 002 indicate that the pile . of waste
construction or demolition debris has increased in size since the previous inspection . An
estimated 35 cubic yards of waste construction & demolition debris is located on the
north footprint of the landfill .
Fairgrounds Rd
(no scale)
(photos in digital file #1770200015121305-0 0 1 through 003)
1770200015-Stephenson County
Freeport Muni . Landfill #4
Date of Inspection
: December 13, 2005
Time of Inspection : 11:44 am - 12:20 pm
(Certified closed
Freeport Muni
. #2 & 3)
(Certified closed
Freeport Muni . #2 & 3)
(no scale)
(photos in digital file #1770200015122805-001and 00 2)
1770200015-Stephenson County
Freeport
Muni. Landfill #4
Date of Inspection
: December 28, 2005
Time of Inspection : 9:56 am - 10:30
am
LPC # 1770200015 - Stephenson County
Freeport/Freeport Municipal Landfill No. 4
FOS File
DATE: 12-13-05
TIME: 11 :58 a.m
.
DIRECTION: south
PHOTO by :
Jacobsen
PHOTO FILE NAME:
1770200015-121305-001
COMMENTS: Soil on the north
footprint of the landfill .
DATE
: 12-13-05
TIME
: 11 :59 a.m.
DIRECTION: southeast
PHOTO by: Jacobsen
PHOTO FILE
NAME:
1770200015121305-002
COMMENTS
: Construction and
Demolition Debris on the north footprint of
the landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC # 1770200015 -
Stephenson County
Freeport/Freeport Municipal Landfill No
. 4
FOS File
DATE: 12-28-05
TIME: 10:07 a.m.
DIRECTION: east
PHOTO by: Jacobsen
PHOTO FILE NAME :
1770200015122805-001
COMMENTS: Construction and
Demolition Debris from the transfer station
job site
.
DATE
: 12-28-05
TIME: 10:15 a.m.
DIRECTION: northwest
PHOTO by: Jacobsen
PHOTO FILE NAME:
1770200015-122805-002
COMMENTS: Construction and
Demolition Debris from the transfer station
job site
.
DIGITAL PHOTOGRAPH PHOTOCOPIES
LPC # 1770200015
- Stephenson County
Freeport/Freeport Municipal Landfill No
. 4
FOS File
DATE: 12-13-05
TIME: 12:10 p.m.
DIRECTION: down
PHOTO by: Jacobsen
PHOTO FILE NAME :
1770200015--121305-003
COMMENTS : leachate seep
DIGITAL PHOTOGRAPH PHOTOCOPIES
PROOF OF SERVICE
I hereby certify that I did on the 3rd day of February 2006, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To : Shelly Griswold, Community Development
Ryan Wilson, P .E.
Director for the City of Freeport
Fehr-Graham and Associates
230 West Stephenson Street
Freeport,IL 61032
221 E. Main Street
Freeport,IL 61032
and the original and nine (9) true and correct copies of the 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
. 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
