BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
RK'S OvlE
D
ADMINISTRATIVE CITATION
MAR 0 9 2006
STATE OF ILLINOIS
COUNTY OF MACON, ILLINOIS
)
Pollution Control Board
Complainant,
)
AC
V .
)
(AC No. 2006-002-AC)
Onyx Valley View Landfill,
)
Respondents .
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the County of
Macon by Section 4(r) of the Illinois Environmental Protection Act, 415 ILCS 5/4(r) (2002)
.
FACTS
1
.
That Respondent, Onyx Valley View Landfill, is the permitted owner and operator of
a facility located at 1363 Bear Road, Decatur, Macon County, Illinois .
2 .
That Respondent, Chris Peters, 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- 198 - LF, and is designated with Site Code
No. 1158040008. The facility is commonly known to the Illinois Environmental Protection Agency
as Onyx Valley View Landfill
.
4 .
That Respondents have owned and/or operated said facility at all times pertinent
hereto .
5 .
That on January 19, 2006, Michael Warnick of the Macon County Solid Waste
Management Department. 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 Michael Warnick during the course of his January
19, 2006 inspection of the above-referenced facility, the Macon County Solid Waste Management
Department has determined that Respondents violated the Illinois Environmental Protection Act
(hereinafter, the "Act") as follows
:
(1)
That Respondents conducted a sanitary landfill operation in a manner which
resulted in uncovered refuse remaining from any previous operating day, a violation
of Section 21(o)(5) of the Act, 415 ILCS 5/21(o)(5) (2002) ; and
(2)
That Respondents conducted a sanitary landfill operation in a manner which
resulted in a failure to collect and contain litter at 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 $1,000.00
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 19
.
2006, unless otherwise provided by order of the Illinois Pollution Control Board
.
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 (2002), and if the Illinois
2
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 Macon County Solid
Waste Management Department 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) (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 Macon County
Solid Waste Management Department and mailed to the attention of Michael Warnick, Macon
County Solid Waste Management Department, 141 South Main Street, Room 212, Decatur, Illinois
62523-1293 . 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 Macon County State's Attorney 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 5131/1 (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 Macon County State's Attorney, 253
East Wood Street, Decatur, Illinois, 62523. 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
.
By :
Jack W. Ahola
Macon C unty S ates Attorney
By:
Date: March 3, 2006
Kenneth Boles
Assistant State's Attorney
Macon County, Illinois
Prepared by :
Michael J. Warnick, Inspector
Macon County Solid Waste Management Department
141 South Main Street, Room 212
Decatur, Illinois 62523-1293
217-421-0291
. 4
DATE OF INSPECTION :
January 19, 2006
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 Michael Warnick, Macon
County Solid Waste Management Department, 141 South Main Street, Decatur, Illinois 62523-1293
.
5
REMITTANCE FORM
COUNTY OF MACON,
)
Complainant,
)
V .
)
AC
(AC No. 2006-002-AC)
Onyx Valley View Landfill,
)
Respondent .
)
FACILITY :
Onyx Valley View Landfill
SITE CODE NO .
:
1158040008
COUNTY:
Macon
CIVIL PENALTY :
$1,000.00
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
AFFIDAVIT
IN THE MATTER OF :
)
Onyx Valley View Landfill,
)
(AC No. 2006-002-AC)
Respondents
)
Affiant, Michael Warnick, being first duly sworn, voluntarily deposes and states as follows
:
1. Affiant is a field inspector employed by the Macon County Solid Waste Management
Department and has been so employed at all times pertinent hereto
.
2. On January 19, 2006 between 6:12 am and 8:10 am, Affiant conducted an inspection of
the site in Macon County, Illinois, known as Onyx Valley View Landfill,
Illinois Environmental
Protection Agency Site No. 1158040008 .
3. Affiant inspected said Onyx Valley View Landfill by an on-site inspection which included
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 Affiants
knowledge and belief, is an accurate representation
of Affiants observations and factual
conclusions with respect to the Onyx Valley View Landfill site
.
Subscribed and Sworn to before me
this
3
Roof
M
A!C4
*9"
aoos
.
Notary Pu
1 ,
p ""11N000+04"""
"OFFICIAL SEAL"
K. JOLENE JONES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 04IOSI07
11111111111101111111
141
MACON COUNTY
SOLID WASTE MANAGEMENT
DEPARTMENT
141 S. Main St., Suite 212, Decatur, IL 62523
•
phone 217/425-4505
•
fax 217/424-1459
PERMITTED LANDFILL
ADMINISTRATIVE CITATION
MACON COUNTY SOLID
)
1158040008-Macon County
WASTE MANAGEMENT DEPT,
)
Decatur/Onyx Valley View Landfill
Complainant
)
COMPLIANCE FILE
vs .
) AC No. 2006 - 002 -AC
ONYX VALLEY VIEW LF,
)
Respondent
)
WARNING: CORRECTIVE ACTION REQUIRED
You may be subject to substantial civil penalties if you fail to comply with
the terms of this Administrative Citation Warning Notice, and are found to
be in violation of the [Illinois) Environmental Protection Act .
FACTS
The purpose of this notice is to inform you of the results of the Agency's inspection on
January 19, 2006, and the corrective action required. This inspection was conducted to
evaluate compliance with the requirements of Section 21(o) of the [Illinois]
Environmental Protection Act . The alleged violations found during the inspection are
identified in the attached inspection report
.
`
Printed on Recycled Content Paper
CORRECTIVE ACTION REQUIRED
YOU MUST COMPLETE THE
FOLLOWING CORRECTIVE ACTIONS
:
#1 Provide daily cover on all uncovered refuse by the end of the operating day .
#2 Immediately collect and contain all litter from the site by the end of the operating
day .
WRITTEN RESPONSE REQUIRED
Within fifteen (15) calendar days of the date of receipt of this notice, you
must submit in writing :
1
.
the reasons for the alleged violation(s),
2 .
a description of the corrective actions that have been or will be taken to correct the
alleged violation(s), and
3 .
a proposal to ensure that the alleged violation(s) will not recur.
PLEASE REFERENCE THE DESIGNATED FACILITY (LPC) NUMBER AND FACILITY
NAME LISTED ON THE FIRST PAGE ON ANY CORRESPONDENCE CONCERNING
THIS COMPLAINT .
Your written response of all documents submitted in reply to this notice must be
sent, via certified mail return-receipt, to
:
Macon County Solid Waste Management Department
Attn: Michael Wamick, Environmental Inspector
141 South Main Street, Room 212
Decatur, IL 62523
POTENTIAL SANCTIONS
For any violations of Section 21(o) of the [Illinois] Environmental Protection Act ("Act")
[415 ILCS 5/21 (1994)] cited in the attached inspection report, the Agency may, without
further notice and regardless of any future activities to achieve compliance, file an
Administrative Citation before the Illinois Pollution Control Board pursuant to Section
31 .1 of the Act [415 ILCS 5/31 .1 (1994)]. An Administrative Citation carries a fine of
$500.00 for each and every violation of Section 21(o)
.
You are also advised that your noncompliance could result in the filing of an
enforcement action pursuant to Title VIII and/or Title XII of the Act
.
Department personnel will conduct a reinspection to verify compliance .
Should you have any questions concerning the Administrative Citation Warning Notice or
need further assistance, contact Michael Warnick at (217) 421-0291
.
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
By
:
Michael Warnick
Inspector
Date : January 31, 2006
CERTIFIED MAIL # : 70051820000697015940
Enclosure
cc :
Rich Gerard, Illinois Environmental Protection Agency
Ellen Robinson, Illinois Environmental Protection Agency
FOS File
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
County :
Macon
LPC#:
1158040008
Location/Site Name :
Decatur/Onyx Valley View Landfill
Region :
4 - Champaign
Date :
01/19/2006 Time :
From 06:12am
To 08:10am
Previous Inspection Date
:
01/05/2006
Inspector(s) :
Michael Warnick
No. of Photos Taken: #
15
Interviewed
:
Troy Ward
Permitted Owner Mailing Address
Onyx Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Chief Operator Mailing Address
Onyx Valley View Landfill
Attn: Chris Peters, Chief Operator
1363 Bear Road
Decatur, Illinois 62522
Revised 06/18/2001
Weather:
(811 Solid Waste- 1 )
Clear Skies, Moderate Winds, Temp in 30's
Samples Taken
:
Yes #
No
Facility Phone No . :
217-963-2976
Permitted Operator Mailing Address
Onyx Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Certified Operator Mailing Address
Onyx Valley View Landfill
Attn: Chris Peters, Operator
1363 Bear Road
Decatur, Illinois 62522
AUTHORIZATION :
OPERATIONAL STATUS :
Significant Modification Permit
Operating
Initial
:
1995-198-LF Closed-Not Certified
.
11
Latest
44 (expires 05/01/06)
Closed-Date Certified
: New Landfills :
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
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
U
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 Requlations 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 .
LPC #: 1158040008
Inspection Date: 01-19-2006
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
(8)
Scavenging as Defined by Board Regulations
(9)
Deposition of Refuse in Any Unpermitted Portion of the Landfill
(10)
Acceptance of Special Waste Without a Required Manifest
(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
(13)
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
11 .
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
MnnIcirntInN
NA
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
NE
(b)
Failure to Take Remedial Action
NE
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
23011004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
35 ILLINOIS ADMINISTRATIVE CODE REQUIREMENTS
SUBTITLE G
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
71
745.181
CHIEF OPERATOR REQUIREMENTS
22 .
745.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
SPECIAL WASTE HAULING REQUIREMENTS
23 .
809.301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
NE
LPC #: 1158040008
Inspection Date : 01-19-2006
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, ACCESSTO 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
E
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)
Phasinq of Operations
(b)
Work Face Size and Slope
(c)
Equipment
(d)
Utilities
(e)
Maintenance
(f)
Open Burninq
El
(g)
Dust Control
(h)
Noise Control
(i)
Vector Control
U
(j)
Fire Protection
(k)
Litter Control
~5
(I)
Mud Trackinq
0
(m)
Liquid Restrictions for MSWLF Units
U
31 .
811.108
SALVAGING
(a )
Salvaging Interferes with Operation
NE
(b)
Safe and Sanitary Manner
NE
(c)
Management of Salvagable Materials
NE
32 .
811.109
BOUNDARY CONTROL
(a )
Access Restricted
(b)
Proper Sign Posted
LPC #: 1158040008
Inspection Date : 01-19-2006
Revised 06/18/2001
(811 Solid Waste-4)
33 .
811.110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
NA
(b)
Drainage Ways and Swales
∎NA
(c)
Final Configuration
∎NA
(d)
Written Closure Plan
NA
(e)
Initiation of Closure Activities at MSWLF Units
NA
(f)
Completion of Closure Activities at MSWLF Units
NA
(g)
Deed Notation for MSWLF Units
NA
34.
811.111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of Final Volume of Waste
NA
(b)
Remove All Equipment of Structures
NA
(c)
Maintenance and Inspection of the Final Cover and Vegetation
NA
(d)
Planned Uses of Property at MSWLF Units
NA
35 .
811 .112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
(b)
Load Checking Requirements
U
(c)
Gas Monitoring Records
(d)
MSWLF Liquid Restriction Records
(e)
Groundwater Monitoring Program Requirements
(f)
Closure and Post Closure Care Requirements
NA
(g)
Cost Estimates and Financial Assurance Requirements
∎NE
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
39 .
811.311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation of Gas Management System
(b)
Notification and Implementation Requirements
(c)
Standards for Gas Venting
(d)
Standards for Gas Collection
LPC #: 1158040008
Inspection Date : 01-19-2006
Revised 06/18/2001
(811 Solid Waste-5)
40 .
811.312
1
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
(c)
No Unpermitted Gas Discharge
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
Q
(e )
Standards for Gas Flares
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flares
(g )
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
NA
(b)
Standards for Low Permeability Layer
NA
(c)
Standards for Final Protective Layer
DNA
43 .
811.316
PLUGGING AND SEALING OF DRILL HOLES
NE
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
∎ NA
(b)
Slopes Required to Drain
NA
(c)
Vegetation
∎NA
(d)
Structures Built over the Unit
∎ NA
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
∎NA
PART 811
SUBPART
D
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
47 .
811 .402
NOTICETOGENERATORS AND TRANSPORTERS
48 .
811.403
SPECIAL WASTE MANIFESTS REQUIREMENTS
49 .
811.404
IDENTIFICATION RECORD
(a )
Special Waste Profile Identification Sheet
NE
(b)
Special Waste Recertification
NE
50 .
811.405
RECORDKEEPING REQUIREMENTS
51
.
811.406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC #: 1158040008
Inspection Date: 01-19-2006
W-&fmir.L
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
.
Revised 06/18/2001
(811 Solid Waste-6)
PART 811
SUBPART
G
FINANCIAL ASSURANCE
52.
811.700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART G
NE
53 .
811.701
UPGRADING FINANCIAL ASSURANCE
NE
CARE COST ESTIMATES
∎ NE
54 .
811.704
CLOSURE AND POST-CLOSURE
55 .
811.705
REVISION OF COST ESTIMATE
NE
SOLID WASTE FEE SYSTEM REQUIREMENTS
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
Part 858
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
∎
56 .
Subpart B
I,
[
I
s
ki I
11
I
I
I
•
k
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
Part 858
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
∎
57 .
Subpart C
WHERE INCOMING WASTE IS NOT WEIGHED (LIST SPECIFIC
OTHER REQUIREMENTS
58 .
OTHER :
APPARENT VIOLATION OF: (∎) PCB; (p) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
59 .
∎
LPC #: 1158040008
Inspection Date
: 01-19-2006
Revised
06/18/2001
(811
Solid Waste-7)
PERMIT PROVISIONS
PERMIT NUMBER
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
1995 - 198 - LF
Condition II Part 2(e) -- Uncovered refuse remainging from any previous operating day
1995 - 198
- LF
Condition 11 Part 2(l)
-- Failure to collect and contain all litter by the end of each operating day
1995 - 198 - LF
Condition II Part 4(a) --At the end of each day of operation all exposed waste shall be covered
with
.
.
.clean soil at least six inches thick
1995 - 198 - LF
Condition II Part 5(d)
-- Conventional soil daily cover shall be used if weather or other conditions
adversely affect the ability of the ADC to prvent problems
with .
.
. .blowing litter
1995 - 198- LF
Condition II Part 5(p) -- All ADC must meet the requirements of 35 IAC, 81 1 .106(b)(1) through (4) at
all times .
LPC #1158040008 -Macon County
Decatur/Onyx Valley View Landfill
FOS File
Inspector(s) : Michael Warnick
Inspection Date : Thursday January 19, 2006
Inspection Report Narrative
I conducted a routine inspection of this facility on January 19, 2006
between the hours of 06:12 and 08:10 in the morning. This inspection was
conducted to determine the regulatory status and evaluate compliance with the
Environmental Protection Act (Act) and Title 35 Illinois Administrative Code,
Subtitle G: Land Pollution (Regulations). Fifteen photographs were taken and no
samples collected . Weather conditions at the time of the inspection were of clear
skies, moderately gusty winds, and an air temperature in the thirties .
Site History and Permitting
Onyx Valley View Landfill has two permits . Unit 1 has been closed since
1970. It is governed by Permits 1976-4-DE, 1978-7-DE, and 1979-18-DE with
the most current supplemental permit being 2001-451-SP, which was issued in
2002. Unit 2 is governed by Permit 1995-198-LF . Onyx Valley View Landfill was
granted permit Log No. 2005-202 on August 30, 2005 which approved permit No
.
1995-198-LF, Modification #44. The new permit approves an update of the
closure and post-closure care cost estimates
.
As of the most recent landfill capacity report dated January 01, 2005,
Onyx Valley View Landfill had approximately 5 .2 years of active life remaining,
with an approximate airspace of 1,368,075 million cubic yards . Onyx Valley View
received approximately 2,030 cubic yards of waste per day
.
Site Inspection
I arrived at the landfill at 6:16, and first stopped to check the citizens drop
box located at the scale house . Other than one piece of refuse, I observed that it
was empty (photograph 01). I then proceeded to the working face to check
conditions of the previous days cover . I observed a considerable amount of
exposed litter present in the active area, as well as uncovered refuse remaining
from the previous operating day, however I did not take photographs at this time
.
I then went down to the shop to check in with the crew
.
I advised them
that I was present to conduct a periodic inspection . When the crew left the shop,
I followed them down to the working face and documented the litter and
uncovered refuse present throughout the working face (photographs 02 - 07) .
I observed the removal of the tarp, and did not observe any banned waste
present .
Onyx Valley View Landfill - 1158040008
1
I then drove up to the top portion of the landfill, to check areas up
there that were the subject of violations in my inspection conducted on January
05, 2006. When I arrived, I observed that the waste had had tarps covering the
waste in two places . Upon closer inspection, it appeared as if the tarps had been
very carelessly placed around the waste with, as they had blown away from the
waste, exposing uncovered refuse and resulting in litter scattered throughout the
area (photographs 08 - 15). 1 walked around the area and observed that it did
not appear that much, if any; dirt had been placed around the edges of the tarps
.
I then went into the office to review records
.
Records Review
Records that were reviewed at the time of this inspection were the
leachate recirculation, load check, and alternate daily cover
.
Onyx Valley View Landfill collects leachate via a leachate collection
system that drains into a 40,000 gallon underground storage tank . Leachate is
recirculated over the active area on a periodic basis, as well as hauling excess
leachate to the local sanitary sewage treatment facility for processing as
wastewater on an as-needed basis. Leachate recirculation records that were in
the office showed that leachate was last recirculated on January 14, 2006, with
6,000 gallons recirculated at the working face
.
Onyx Valley View is required to conduct three random load checks per
week to determine if any banned waste has been accepted by waste haulers
.
Three random load checks were last conducted on January 13, 2006
. Three
loads were randomly checked that day, and none were rejected
.
Onyx Valley View is required to cover waste at the end of each operating
day with a minimum of six (06) inches of clean soil, as specified in their permit
.
Onyx has also received permit modifications to use a variety of alternate daily
cover (ADC) materials such as tarps, foundry sand, petroleum contaminated
soils, ground wood waste, processed landscape waste, and/or select clean
construction or demolition debris as defined by regulations and standards . Onyx
is allowed a maximum area of no more than 60,000 square feet of area that may
be covered with ADC, and they must keep a record that indicates a description of
the weather that day, the type of the ADC that was used, and the performance of
the ADC. ADC was last recorded for use on January 14, 2006 utilizing a tarp and
ground wood waste
.
Onyx Valley View Landfill -1158040008
2
Summary of Apparent Violations
The following is a list of apparent violations of the 35 Illinois Administrative Code
(regulations) and the Illinois Environmental Protection Act 415 ILCS 5/1 et seq
(formerly III Ch. Rev. Stat. Ch.111 '/z, 1001 et seq .)
Section 21(d), (1) of the Act. No person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation
.
.. without a permit granted by the
Agency, or in violation of any conditions imposed by such permits
.
•
A violation of Section 21(d), (1) is alleged because waste
was disposed of and stored in violation of any conditions
imposed by such permit
.
Section 21(d), (2) of the Act
.
No person shall conduct any waste-storage,
waste-treatment, or waste-disposal operation
.
.. that is in violation of any
regulations or standards adopted by the board under this Act
.
•
A violation of Section 21(d), (2) is alleged because waste
was stored, treated, and disposed of in violation of
regulations and standards adopted by the board
.
Section 21(e) of the Act .
No person shall dispose, treat, store, or abandon any
waste, or transport any waste into the State of Illinois for disposal, treatment,
storage, or abandonment at/to sites not meeting requirements of the act
.
•
A violation of Section 21(e) is alleged because waste was
stored, treated, and disposed of in a manner that does
not meet the requirements of the Act
.
Section 21(o), (5) of the Act
.
Uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day, unless authorized by
permit .
•
A violation of Section 21(o)(5) is alleged because uncovered
refuse was observed at the site
.
Section 21(o), (12) of the Act .
Failure to collect and contain litter from the site
by the end of each operating day .
•
A violation of Section 21(o),(12) is alleged because litter was
observed .
Onyx Valley View Landfill - 1158040008
3
35 Illinois Administrative Code
.
(Title 35: Environmental Protection,
Subtitle G: Land Pollution, Chapter I : Pollution Control Board)
[Regulations]
35 Illinois Administrative Code 811.106(a)
.
A uniform layer of at least 0 .15
meters (six inches) of clean soil material shall be placed on all exposed waste by
the end of each day of operation
.
•
A violation of 811 .106(a) is alleged because exposed waste
was observed at the site .
35 Illinois Administrative Code 811 .106(b)(1). Alternative materials or
procedures, including the removal of daily cover prior to additional waste
placement, may be used, provided that the alternative materials or procedures
achieve equivalent or superior performance to the requirements of subsection (a)
of this Section in the following areas
: . .. (1) prevention of blowing debris
.
•
A violation of 811 .106(b)(1) is alleged because alternate
daily cover that was used failed to prevent debris (uncovered
refuse) from becoming wind blown
.
35 Illinois Administrative Code 811 .107(k) .
The operator shall patrol the
facility daily to check for litter accumulation . All litter shall be collected and
placed in the fill or in a secure, covered container for later disposal
. The facility
shall not accept solid waste from vehicles that do not utilize devices such as
covers or tarpaulins to control litter, unless the nature of the solid waste load is
such that it cannot cause any litter during its transportation to the facility
.
•
A violation of 811.107(k) is alleged because litter was
observed on the site
.
VIOLATIONS OF PERMIT #1995-198-LF
Section
II "Operating Conditions" Part 2(e) .
Uncovered refuse remaining from
any previous operating day or at the conclusion of any operating day, unless
authorized by permit
.
•
A violation of Section II, Part 2(e) of the permit is alleged
because uncovered waste was observed
.
Onyx Valley View Landfill - 1158040008
4
Section II "Operating Conditions" Part 2(l) .
Failure to collect and contain litter
from the site by the end of each operating day
.
•
A violation of Section II Part 2(e) is alleged because all litter
was not collected and contained from the site by the end of
the previous day .
Section II "Operating Conditions" Part 4(a)
.
At the end of each day of
operation all exposed waste shall be covered with
. . .clean soil at least six inches
thick .
•
A violation of Section II Part 4(a) is alleged because exposed
waste was observed .
Section II "Operating Conditions" Part 5(d)
.
Conventional soil daily cover in
accordance with 35 IAC 811 .106(a) shall be used if weather or other conditions
adversely affect the ability of the ADC to prevent problems with blowing litter, fire,
odors, or vectors
.
•
A violation of Section II Part 5(d) is alleged because
conventional soil daily cover should have been used
because the ADC failed to prevent problems with blowing
litter .
Section
11 "Operating Conditions" Part 5(p)
. All ADC must meet the
requirements of 35 IAC, 811 .106(b)(1) through (4) at all times
.
•
A violation of Section II Part 5(p) is alleged because the ADC
failed to meet the requirements of 35 IAC, 811 .106(b)(1) .
Onyx Valley View Landfill -1158040008
5
Site sketch for Decatur/Onyx Valley View Landfill
Site #1158040008
- Macon County
Inspector(s): Michael Warnick
Inspection Date : January 19, 2006
* Drawing not to scale
Arrows indicate direction/location of photographs
* 1 & 2 Represent the Liquid Waste Solidification boxes
*3 Represents the Residential Drop Boxes
J
/
West Gate
- Entrance to Chubb Park Dirt Pit
Unit 3
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Unit 1
I
DATE: 01-19-2006
TIME : 6:12am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO #: 01
PHOTO # : 02
INSPECTION PHOTOS
SITE 4: 1158040008
SITE NAME : Decatur/Onyx Valley View Landfill
COUNTY: Macon
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 06:41am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: North
INSPECTION PHOTOS
DATE: 01-19-2006
SITE #: 1158040008
COUNTY: Macon
TIME : 6:41am
SITE NAME : Decatur/Onyx Valley View Landfill
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: North
PHOTO #: 03
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 06:43am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: North
PHOTO # : 04
DATE: 01-19-2006
TIME: 6:43am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: North
PHOTO #: 05
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 06:52am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO # : 06
INSPECTION PHOTOS
SITE #:1158040008
COUNTY: Macon
SITE NAME : Decatur/Onyx Valley View Landfill
DATE: 01-19-2006
TIME : 6:52am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO #: 07
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 7:08am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS : Photo
Taken Toward: North
PHOTO # : 08
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY: Macon
SITE NAME : Decatur/Onyx Valley View Landfill
INSPECTION PHOTOS
DATE : 01-19-2006
SITE #: 1158040008
COUNTY: Macon
TIME : 7:08am
SITE NAME : Decatur/Onyx Valley View Landfill
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: East
PHOTO #: 09
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 7:10am
PHOTOS TAKEN BY:
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO # :
1 0
DATE : 01-19-2006
SITE #: 1158040008
TIME: 7:10am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO #: 11
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 7:15am
PHOTOS TAKEN BY:
,a
..
Michael Warnick
COMMENTS: Photo
Taken Toward: South
PHOTO # :
12
INSPECTION PHOTOS
COUNTY: Macon
SITE NAME : Decatur/Onyx Valley View Landfill
DATE: 01-19-2006
TIME: 7:15am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: North
PHOTO #: 13
------------------------------------------------------------------------------------------------------------------------
DATE: 01-19-2006
TIME: 7:16am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: East
PHOTO #:
1 4
INSPECTION PHOTOS
SITE #:1158040008
SITE NAME : Decatur/Onyx Valley View Landfill
COUNTY: Macon
DATE: 01-19-2006
TIME: 7:16am
PHOTOS TAKEN BY :
Michael Warnick
COMMENTS: Photo
Taken Toward: East
PHOTO #:
15
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY: Macon
SITE NAME : Decatur/Onyx Valley View Landfill
