RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
ADMINISTRATIVE CITATION
AUG 2 9 2006
STATE OF ILLINOIS
COUNTY OF OGLE
)
Pollution Control
Board
Complainant,
)
v.
)
AC # :
Administrative Citation
VEOLIA ES ORCHARD HILLS LANDFILL, INC.
)
(formerly doing business as :
)
ONYX ORCHARD HILLS LANDFILL, INC .)
)
Respondent.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1 et. seq.
(2004, as amended) and delegated to
Ogle County, Illinois pursuant to 415 ILCS 5/4 (r) and 415 ILCS 5/31
.1
.
FACTS
1 .
That Respondent, Veolia ES Orchard Hills Landfill, Inc
., is the present operator of a
facility located in the County of Ogle, State of Illinois
.
2.
That said facility is operated as a sanitary landfill, operating under Illinois Environmental
Protection Agency Operating Permit No
. 1996-135-LF, and designated with Site Code
No. 1410175005
.
3 .
That Respondent has owned or operated said facility at all times pertinent hereto
.
4 .
That on June 30, 2006, said facility was known as Onyx Orchard Hills Landfill, Inc
. and
changed its name on July 1, 2006 to Veolia ES Orchard Hills Landfill, Inc
.
5.
That on June 30, 2006, Joy K
. Bliton of the Ogle County Solid Waste Management
Department, inspected the above-described landfill facility . A copy of the inspection
report setting forth the results of such inspection is attached hereto and made a part
hereof.
6.
That on previous occasions, Joy K. Bliton of the Ogle County Solid Waste Management
Department has reminded the operation managers of the above described landfill facility
that they were using construction and demolition debris incorrectly (Inspections on May
30, 2006 and January 24, 2005)
. Two inspection report narratives and one fax
transmission to Onyx Orchard Hills Landfill of the definitions of general construction and
demolition debris and clean construction or demolition debris from Section 3 .160 of the
Illinois Environmental Protection Act 415 ILCS 5/3 .160 are included in Attachment A.
VIOLATIONS
On the basis of direct observation by Joy K . Bliton, the County of Ogle has determined
that Respondent was conducting a sanitary landfill operation at the above-described facility,
which is required to have a permit pursuant to 415 ILCS 5/21(d), in a manner which resulted in
the following conditions:
A.
That on June 30, 2006, an on-site inspection of said sanitary landfill facility and
review of Illinois Environmental Protection Agency files and records of said
facility disclosed the following :
1 .
Uncovered refuse remaining from a previous operating day, in
violation of 415 ILCS 5121(o)(5); and
2.
Failure to collect and contain litter from the site by the end of each
operating day, in violation of 415 ILCS 5/21(o)(12) .
CIVIL PENALTY
Pursuant to 415 ILCS 5/42(b)(4), Respondent herein is subject to a civil penalty of Five
Hundred Dollars ($500.00)
for each violation specified above in Paragraph A, for a total of
1000.00 Dollars ($1,000 .00). Additionally, should Respondent elect to petition the Illinois
Pollution Control Board under the review process described herein below, and if there is a
finding of the violations alleged herein, after an adjudicatory hearing, Respondent shall be
assessed the associated hearing costs incurred by Ogle County and the Illinois Pollution Control
Board, in addition to the Five Hundred Dollar ($500 .00) statutory penalty for each finding of
violation . If you acknowledge the violations cited hereinabove, the civil penalty specified above
shall be due and payable no later than 35 days from the date of service hereof
. If you do not
petition the Illinois Pollution Control Board for review of this Administrative Citation within
thirty-five (35) days of service hereof or if you elect to contest this Administrative Citation, any
judgment rendered against you shall specify the due date of the statutory civil penalty and any
costs assessed against you .
When payment is made, your check should be made payable to Ogle County Solid Waste
Fund and mailed to the Ogle County Treasurer, Ogle County Courthouse, P
.O . Box 40, Oregon,
IL 61061 .
If any civil penalty, by reason of acknowledgment, default or finding after adjudicatory
hearing, is not paid when due, the Illinois Environmental Protection Agency shall take into
consideration such failure to pay during any permit review process upon your application for a
new permit or for renewal of an existing permit . If any civil penalty imposed by the Illinois
Pollution Control Board is not paid within the time prescribed in the order, interest on such
penalty will be assessed for the period from the date payment is due until the date payment is
received. Furthermore, if payment is not received when due, the Ogle County State's Attorney
shall be requested to initiate proceedings in Circuit Court to collect said civil penalty . In
addition to the previously assessed civil penalty, interest, and hearing costs of Ogle County and
the Illinois Pollution Control Board, if any, the Ogle County State's Attorney will seek to
recover their costs of litigation .
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Administrative Citation (see 415 ILCS 5/31 .1). If you
elect to contest this Administrative Citation, you must file a Petition for Review with the Clerk
of the Illinois Pollution Control Board . A copy of the Petition for Review should be filed with
the Ogle County State's Attorney. Such Petition for Review must be filed within thirty-five (35)
days of the date of service of this Administrative Citation, or a default judgment shall be entered
by the Pollution Control Board . The Petition for Review may be filed with the Clerk of the
Illinois Pollution Control Board at the State of Illinois Center, 100 West Randolph, Suite 11-500,
Chicago, Illinois 60601 ; and, a copy of said Petition for Review filed with the Ogle County
State's Attorney at the Ogle County Courthouse, 106 S
. Fifth Street, Suite 110, Oregon, IL
61061 .
John B
. Roe
State's Attorney of Ogle County
Date
: 0
'
2_9_6L
By:
Assistant State's A
Ken
lazo
Ogle County State's Atto
ffice
106S. 5w
Street, Suite 110
Oregon, Illinois 61061
815-732-1170
State of Illinois, Ogle County
Affidavit
County of Ogle
)
Complainant,
)
AC No
. :
v.
)
Veolia ES Orchard Hills Landfill, Inc .
)
Respondent.
)
Affiant, being first duly sworn, voluntarily deposes and states as follows
:
1 .
Affiant is a field inspector employed by the County of Ogle and has been so
employed at all times pertinent hereto .
2.
On, June 30, 2006 between 10:14 a.m. and 11 :45 am.,
Affiant conducted an
RECEIVEDCLERK'S
OFFICE
AUG 2 9 2006
Pollution
STATE OF
ControlILl<INOISBoard
inspection of a solid waste landfill, located in Ogle County, Illinoisand known at
that time as the Onyx Orchard Hills Landfill by theflinoig Environmental
Protection Agency - Site No. 1410175005 .
3.
Affiant inspected said Onyx Orchard Hills Landfill 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, Aff ant 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 Veolia ES Orchard Hills
Landfill site .
Subscribed and Sworn to Before Me
this
~
3 rlDay
ofk
,
-qooc
U , i11 it I1 t
Notary Public
'OFFICIAL *SEAV
TRISHA MORROW
ROTARY PUSUCSTATE OF ILLOIOIS
MY COMMISSION EXPIRES VOW
\\Dan\d\USERS\SJR\ENFORCE\A C Forms\AFFIDAVT.frm
Joy K. BY , Ogle County Solid Waste
Management Department
County:
Ogle
Locaton/Site Name:
Veolla ES Orchard Hills Landfill, Inc .
Date:
06/30/2006 Time:
Inspector(s)
: Joy Bliton
No. of Photos Taken: # 40
Interviewed: Daniel Bunk
Permitted Owner Mailing Address
Veolla ES Orchard Hills Landfill, Inc.
Attn: Chris Peters
8290 Highway 251
Davis Junction,
IL 61020
Chief Operator Mailing Address
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
LPC* 1410175005
AUTHORIZATION :
Significant Modification Permit
InitialLatest
:
#37
1998-135-LF(Loa
92005-385)
Revised 06/18/2001
From 10:14
am To 11
:45 am Previous Inspection Date :
05/30/2006
Weather Mostly Sunny,
77
Dog., SW 0
12 MPH
Samples Taken:
Yes #
No
Facility Phone No
.: 815/8749000
OPERATIONAL STATUS
:
ODeratino
Closed-Not Certified .
0
Closed-Date Certified :
(811 Solid Waste-t)
Region
: 1 - Rockford
Permitted Operator Mailing Address
Mr
. Chris Peters, General Manager
Veolla ES Orchard Hills Landfill, Inc
.
8290 Highway #251
Davis Junction, IL 81020
Certified Operator
Mailing Address
Mr
. Chris Peters, Operations Manager
Veolla ES Orchard Hills Landfill, Inc
.
8290 Highway 251
Davis Junction, IL 61020
Existing
TYPE
LandfillsOF
OPERATION
:
814-Subpart C
13
814-Subpart D
0
New Landfills:
811-Putres ./Chem.
I SECTION I
DESCRIPTION
I
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1.
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
l7
2.
9(c)
CAUSE OR ALLOW OPEN BURNING
IS
3.
12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4.
12(d)
CREATE A WATER POLLUTION HAZARD
0
6.
12(f)
VIOLATION
CAUSE, THREATEN
OF AN NPDES
OR ALLOW
PERMITDISCHARGE
WITHOUT OR IN
6.
7.
21(a)
21(d)
CONDUCT
CAUSE OR
ANY
ALLOW
WASTE-STORAGE,
OPEN DUMPINGWASTE-TREATMENT,
OR WASTE- DISPOSAL
OPERATION
:
(1)
Without
Provisions)a
Permit or In Violation of Any Conditions of a Permit (See Permit
(2)
In Violation of Any Regulations
Standards Adopted by the Board
-~
or
DISPOSE,
TRANSPORT
TREAT,
ANY WASTE
STORE,
INTO
OR
THE
ABANDON
STATE
ANY
ATITO
WASTE,
SITES
ORNOT
--44
8.
9.
21(e)
21(f)(1)
MEETING
CONDUCT
DISPOSAL
REQUIREMENTS
ANY
OPERATION
HAZARDOUS
WITHOUT
OF
WASTE-STORAGE,
ACT
A
AND
RCRA
REGULATIONSPFRMITTREATMENT
OR
LPC 0: 1410175005
Inspection Date
: 06/30/06
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
∎
(3)(2)
Leachate
Leachate Flows
Flows
Exiting
Entering
the
Waters
Landfill
of the
ConfinesState
0
∎
(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
∎
(10)
Acceptance of Special Waste Without a Required Manifest
∎
(11)
Failure to Submit Reports Required by Permits or Board Regulations
0
(12)
Failure to Collect and Contain Litter by the End of each Operating Day
074
(13)
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
∎ NE
11 .
21(t)
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
0
12.
21 .6(b)
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1 19961
∎
13.
22.01
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
NE
14.
22.17
LANDFILL POST-CLOSURE CARE
(a)
Failure to Monitor Gas, Water, Settling
∎ NA
(b)
Failure to Take Remedial Action
NA
1615.
.
2222.23(f)(2).22(c)
ACCEPTANCE
CAUSE OR ALLOW
OF LANDSCAPE
THE DISPOSAL
WASTE
OF
FOR
ANY LEAD-ACID
FINAL DISPOSALBATTERY
0∎
17.
22.28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
18.
66(b)(1)
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
(UNLESS LANDFILL MEETS EXEMPTION OF 66(bX1))
∎
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 0
PRIOR CONDUCT CERTIFICATION REQUIREMENTS
V4
746.181
CHIEF OPERATOR REQUIREMENTS
0
29
746.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
SPECIAL WASTE HAULING. REQUIREMENTS
23.
J 809 .301
l
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
I
∎ NE
LPC 0: 1410175005
Inspection Date: 06/30/06
Revised 06/18/2001
(811 Solid Waste-3)
24.
809.302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
∎ NE
25.
809 .501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste to Hauler
I ∎ NE
(e)
Retention of Special Waste Manifests
I ∎ NE
NEW SOLID WASTE LANDFILL REQUIREMENTS
PART 811
SUBPART
GENERAL STANDARDS FOR ALL LANDFILLS
26.
811 .103
SURFACE WATER DRAINAGE
(a)
Runoff from Disturbed Areas
I ∎
(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
NE
(d)
Control Monument Established and Maintained
NE
28.
811 .105
COMPACTION
29.
811 .106
DAILY COVER
(a)
Six Inches Soil
4
(b)
Alternative Daily Cover
-~
30.
811 .107
OPERATING STANDARDS
(a)
Phasing of Operations
I ∎
(b)
Work Face Size and Slope
∎
(c)
Equipment
∎
(d)
Utilities
(e)
Maintenance
∎
(f)
Open Buming
(g)
Dust Control
(h)
Noise Control
(1)
Vector Control
∎
(i)
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
0
(b)
Proper Sign Posted
LPC 0
: 1410175005
Inspection Date : 06/30/06
Revised 06/18/2001
(811 Solid Waste-a)
33 .
811 .110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
0
(b)
Drainage Ways and Swales
∎
(c)
Final Configuration
(d)
Written Closure Plan
∎
(e)
Initiation of Closure Activities at MSWLF Units
0
(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
ONA
(c)
Maintenance and Inspection of the Final Cover and Vegetation
NA
(d)
Planned Uses of Property at MSWLF Units
∎ NA
36.
811 .112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
0
(b)
Load Checldng Requirements
∎ NE
(c)
Gas Monitoring Records
∎ NE
(d)
MSWLF Liquid Restriction Records
∎ NE
(e)
Groundwater Monitoring Program Requirements
NE
(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
0
(c)
Standards for On-Site Treatment and Pretreatment
0
(d)
Standards for Leactrste Storage System
∎
(e)
Standards for Discharge to Off-Site Treatment
(f)
Standards for Leadwte Recycling Systems
(9)
Standards for Leschste Monitoring Systems
∎
38.
811 .310
LANDFILL GAS MONITORING (FOR SITES ACCEPTING PUTRESCIBLE WASTE)
(b)
Location and Design of Gas Monitoring Wells
∎ NE
(c)
Monitoring Frequency for Landfill Gas
∎ NE
(d)
Monitoring Parameters
ONE
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
∎
LPC0:1410175005
Inspection Dab : 08/30/06
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
Q
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flare
(A)
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
DNA
(c)
Standards for Final Protective Layer
NA
43.
811 .316
PLUGGING AND SEALING OF DRILL HOLES
I
44.
811 .321
WASTE PLACEMENT
(a)
Phasing of Operations
I (]
(b)
Initial Waste Placement
0
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
DNA
(d)
Structures Built over the Unit
ONA
46.
811 .323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
∎ NE
(b)
Load Checking Program for PCB's at MSWLF Units
NE
(c)
Load Checking Program Components
∎ NE
(d)
Handling Regulated Hazardous Wastes
∎ NE
PART 811
SUBPART
D
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
47. 811 A02
NOTICE TO GENERATORS AND TRANSPORTERS
U
48.
811 A03
SPECIAL WASTE MANIFESTS REQUIREMENTS
49.
811 A04
IDENTIFICATION RECORD
(a)
Special Waste Profile Idendficalion Sheet
NE
(b)
Special Waste Recertification
NE
50. 811 .405
RECORDKEEPWG REQUIREMENTS
ONE
61 .
811A06
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC #:1410175005
Inspection Dab: 06/30/06
,6?4,4-nature
of Inspector(s)
Inl1ormationi Notes
1 .
[Illinois) Environmental Protection Act 415 ILCS 5/4 .
23
.
.
Statutory
Illinois Pollution
and regulatory
Control
references
Board
: 35111herein
. Adm .
areCode,
provided
Subtitle
for
G .
convenience only and should not be construed
as legal conclusions of the Agency or as limiting
the Agencys statutory or regulatory powers .
Requirements of some statutes and regulations
cited are In summary format Full teed of requirements can
be found In references listed in 1 . and 2. above.
4.
The provisions of subsection (o) of Section
21 of the [IYinoisl 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
[
Protection Act 415 ILCS 5/4(c) and
(d).
l Environments!
6.
Items marked with an "NE" were not evaluated at the time of this inspection .
Revised 06/18/2001
(811 Solid Waste)
52.
811.700
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
811, SUBPART 0
ONE
63.
811.701
UPGRADING FINANCIAL ASSURANCE
∎ NE
64. 811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
NE
65.
811 .705
REVISION OF COST ESTIMATE
s
ONE
r.7
66.
Part 858
Su rte
∎ NE
67.
58.
Part 858
Sub rt C
OTHER :
I
7
APPARENT VIOLATION OF
: (0) PCB; (0)
CIRCUIT COURT
CASE NUMBER
:
ORDER ENTERED ON:
0
59.
0
∎
∎
0
∎
LPC 0 : 1410175005
Inspection Date : 06/30106
Revised 06/18/2001
(811
Solid Waste-7)
PERMIT PROVISIONS
DESCRIPTION OF VIOLATION
(condition 0 of permit page # of permit, and/or page 0 of approved application)
PERMIT NUMBER
1998-135-LF, mod
#37
11 .3 .e, page 6
. The operator of this solid waste facility shall not conduct the operation
in a manner
which results in uncovered refuse remaining from any previous operating day or at the conclusion of
any operating day, unless authorized by permit
1996-135-LF, mod
#37
11 .3 .1 ., page 6
. The operator of this solid waste facility shall not conduct the operation
in a manner
which results In failure to collect and contain litter from the site by the end of each operating day
.
1996-135-LF, mod
#37
11.5. . page 7
. At the end of each day of operation all exposed waste shall be covered with
soil or
alternate daily cover material (ADCM)
.
1996-135-LF mod
#37
11 .8, page 12
. All waste not covered within sixty (60) days of placement with additional
waste or final
cover shall have an intermediate cover applied to IL The intermediate cover shall either
be
compacted dean soil with mininum thickness of one (1) foot or alternate intermediate cover applied
in accordance with the requirements of condition Numbers
: 11.29 and 11 .30 of this permit
.
1996-135-LF mod
#37
II
.28
.a, page 16. The use of materials listed In Special Condition 11
.27 (a) through
(d) as subbase or
base course materials shall be covered with uncontaminated road-base aggregate and
placed on
the road bed in a manner, which prevents migration of those materials to the surface
.
1996-135-LF mod
#37
11
.29(a) The use of alternative material as Intermediate cover is subject to the condition
that the
alternate material to be used as intermediate cover shall be polyethylene copolymer and
nylon yard
laminate reinforced with a non-woven grid of high strength cord manufactured by Griffoyn
Division
of Reef Industries or equivalent .
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NARRATIVE INSPECTION REPORT
Date of Inspection : June 30, 2006
Inspector: Joy K
. Bliton
Site Code
: 1410175005
County: Ogle
Site Name
: Veolia ES Orchard Hills Landfill, Inc
.
Time
: 10:14 a.m. - 11 :45 a.m.
General Remarks
I arrived at the Veolia ES Orchard Hills Landfill, Inc . at 10:14 am. I walked up to the
scale house. Cindy said that Chris Peters, the General Manager, was not in . She said I could
proceed with my inspection.
I drove out to the working face which was in Phase V . They were hauling dirt from the
future Phase VI to the north side of Phase IV for final capping
. I noted that a large area north and
south of the access road was covered with general construction and demolition debris
. This area
could not be considered a road as the debris was on areas north and south of the access road nor
was it covered with aggregate as is required of road base materials in the operating permit No
.
1996-135-LF, modification #37, Section, 28(a) . Construction and demolition debris is not
permitted to be used as intermediate cover either . In addition, general construction and
demolition waste may not be used for ADCM
. Therefore, this appeared to be a violation of the
operating permit, IPCB Regulations and Illinois Environmental Protection Act (ACT) .
Daniel Bunk, an equipment operator, arrived and he accompanied me on the inspection
.
We discussed the general construction and demolition debris being used . I explained that they
cannot use it in the manner that they have been doing (see above paragraph) .
We drove to the north side of the landfill . He explained the work that they are doing on
the gas piping system . We looked at Phase IV that they will be capping soon .
We then drove south along the perimeter road to Phase V . We walked on top of the west
end of Phase V
. This large area is also covered with general construction and demolition debris
which again does not meet the requirements of the ACT, regulations or operating permit . There
appears to be at least 6 acres on site that is covered with general construction and demolition
debris. I discussed this concern with Daniel Bunk .
I drove back to the scale house and left the site at 11 :45 a.m.
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Photos
Site
LPC #
Name1410175005-
taken
: Veolia
by
: J.
ES
KOgle
.
Orchard
BlitonCountyHills
Landfill
Illinois
DIGITALEnvironmental
PHOTOGRAPH
Protection
PHOTOCOPIESAgency
Date: June 30, 2006
FOS File
TIME: 10:29
a.m.
DIRECTION:
SW
PHOTOCOMMENTS#
: 141017500506302006-001
: Working face, Phase V .
TIME: 10:29
a.m.
DIRECTION
: W
PHOTOCOMMENTS#
: 141017500506302006-002
: Working face, Phase V
.
LPC # 1410175005-Ogle County
Illinois Environmental Protection Agency
Site Name : Veolia ES Orchard Hills Landfill
DIGITAL
PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME: 10:29 am.
DIRECTION:
NW
PHOTO #: 141017500506302006-003
COMMENTS : Uncovered general
construction and demolition debris, North
East side, Phase V .
TIME: 10:29 am.
DIRECTIONPHOTO
#
: 1410175005-06302006-004
:
NW
COMMENTS : Uncovered general
construction and demolition debris, North
East side, Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name : Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME: 10:30 am.
DIRECTION: Down
PHOTO #: 141017500506302006-005
COMMENTS
: Uncovered wood waste,
East side Phase V .
TIME: 10:30 am.
DIRECTION : Down
PHOTON: 1410175005-06302006-006
COMMENTS : Uncovered wood waste,
East side Phase V
.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME
: 10:30 a.m.
DIRECTION : NW
PHOTO #: 141017500506302006-007
COMMENTS : Uncovered general
construction and demolition debris, North
East side of Phase V
.
TIME: 10:30 a.m .
DIRECTION: Down
PHOTO #: 1410175005-06302006-008
COMMENTS : Uncovered refuse, East
side, Phase V .
LPC # 1410175005- Ogle County
Illinois Environneental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by
: J. K
. Bliton
Date: June 30, 2006
FOS File
TIME: 10:30
am .
DIRECTION: Down
PHOTO #: 1410175005-06302006-009
COMMENTS : Uncovered refuse, East
side, Phase V.
TIME
: 10:30
am.
DIRECTION: Down
PHOTO #: 1410175005-06302006-010
COMMENTS
: Uncovered refuse, East
side, Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name
: Veolia ES Orchard Hills Landfill
DIGITAL
PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date
: June 30, 2006
FOS File
TIME: 10:31 a.m.
DIRECTION : Down
PHOTO
#: 1410175005-06302006-011
COMMENTS: Uncovered general
construction and demolition debris, East
side, Phase V .
TIME: 10:31 a.m.
DIRECTION: Down
PHOTO #: 1410175005-06302006-012
COMMENTS : Uncovered general
construction and demolition debris, East
side, Phase V.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name : Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by
: J. K. Bliton
Date: June 30, 2006
FOS File
TIME: 10:31 am.
DHRECTION: Down
PHOTO #: 1410175005-06302006-013
COMMENTS : Uncovered refuse, East
side Phase V.
TIME: 10:43 am.
DIRECTION: Down
PHOTO
#: 1410175005-06302006-014
COMMENTS : Uncovered general
construction and demolition debris, South
East side Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name : Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME
: 10:44 a.m.
DIRECTION : Down
PHOTO
#
: 1410175005-06302006-015
COMMENTS
: Uncovered general
construction and demolition debris, South
East side Phase V.
TIME: 10:44 a.m.
DIRECTION
:
Down
PHOTO #: 141017500506302006-016
COMMENTS: Uncovered general
construction and demolition debris, South
East side of Phase V .
LPC # 1410175005- Ogle County
Illinois Environnienwi Protecdon Agency
Site Name
: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K
. Bliton
Date: June 30, 2006
FOS File
TIME: 10:45 am .
D1RECflON
: Down
PHOTO
#
: 1410175005-06302006-017
COMMENTS: Uncovered general
construction and demolition debris and
other refuse, South East side of Phase V .
TIME: 10:45 a.m.
DIRECTION:
Down
PHOTO #: 1410175005-06302006-018
COMMENTS : Uncovered general
construction and demolition debris, South
East side Phase V.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL
PHOTOGRAPH PHOTOCOPIES
Photos taken by : J . K. Bliton
Date: June 30, 2006
FOS File
TIME: 10:45 a.m.
DIRECTION: Down
PHOTO
#: 141017500506302006-019
COMMENTS
: Uncovered general
construction and demolition debris, South
East side Phase V .
TIME: 10:45 a.m.
DIRECTION : Down
PHOTO #: 141017500506302006-020
COMMENTS : Uncovered refuse, South
East side Phase V .
Photos
Site
LPC #
Name1410175005-
taken
: Veolia
by
: J.
ES
KOgle
.
Orchard
BlitonCountyHills
Landfill
Ilinolr
DIGITAL
Environmental
PHOTOGRAPH
Protection
PHOTOCOPIESAgency
Date
: June 30, 2006
FOS File
TIME: 10:46 am.
DIRECTION
: Down
PHOTO #- 141017500506302006-021
COMMENTS
: Uncovered refuse, South
East side Phase V.
TIME
: 10:46 am
.
DIRECTION
: Down
PHOTO #
: 1410175005-46302006-022
COMMENTS
: Carpet pad, uncovered
refuse, South East side Phase V
.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date
: June 30, 2006
FOS File
TIME: 10:47 a .m.
DIRECTION : Down
PHOTO
#: 141017500506302006-023
COMMENTS: Uncovered general
construction and demolition debris, South
East side Phase V .
TIME: 10:48 a.m.
DIRECTION : Down
PHOTO #: 141017500506302006-024
COMMENTS: Uncovered general
construction and demolition debris, North
East side Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME
: 10:48 a.m.
DIRECTION: Down
PHOTO #: 1410175005-06302006-025
COMMENTS : Uncovered general
construction and demolition debris, North
East side Phase V .
TIME: 10:48 a .m.
DIRECTION
: Down
PHOTO #
: 1410175005-06302006-026
COMMENTS: Uncovered genera)
construction and demolition debris, North
East side Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date
: June 30, 2006
FOS File
TIME: 10:48 a.m.
DIRECTION: Down
PHOTO #: 141017500506302006-027
COMMENTS : Uncovered general
construction and demolition debris, North
East side Phase V .
TIME: 10 :49 a.m.
DIRECTION
: Down
PHOTO #
: 141017500506302006-028
COMMENTS : Uncovered general
construction and demolition debris, my
clipboard for scale, North East side
Phase V.
LPC # 1410175005-Ogle County
Illinois Environmental Protection Agency
Site Name: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date
: June 30, 2006
FOS File
TIME
: 10:49 a.m.
DIRECTION
:
Down
PHOTO
#: 1410175005-46302006-029
COMMENTS : Uncovered general
construction and demolition debris, South
East end Phase V.
TIME: 11 :00 am.
DIRECTION:
SW
PHOTO#
: 141017500506302006-030
COMMENTS: Working face, Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name : Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. Bliton
Date: June 30, 2006
FOS File
TIME: 11 :00 a.m.
DIRECTION
: SW
PHOTO #: 141017500506302006-031
COMMENTS : Working face, Phase V.
TIME: 11 :02 am.
DIRECTION :
SW
PHOTO #: 1410175005-06302006-032
COMMENTS
: Working face, Phase V.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name
. Veolin ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J
. K. Bliton
Date: June 30,2006
FOS File
TIME: 11 :25 a.m
.
DIRECTION: E
PHOTO #: 1410175005-06302006-033
COMMENTS : Preparing Phase IV for
capping.
TIME
: 11 :31 am .
DIRECTION:
Down
PHOTO #: 1410175005.46302006-034
COMMENTS
: Uncovered shredded
wood waste, and general construction and
demolition debris, West side of Phase V .
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name
: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J. K. BIiton
Date: June 30, 2006
FOS File
TIME: 11
:31 a.m.
DIRECTION : NW
PHOTON
: 1410175005-06302006-035
COMMENTS: Uncovered shredded
wood waste, and general construction and
demolition debris, West side Phase V
.
TIME: 11 :32 a.m.
DIRECTION: W
PHOTO #
: 141017500506302006-036
COMMENTS: Uncovered shredded
wood waste, and general construction and
demolition debris, West side Phase V .
LPC # 1410175005- Ogle County
I
linois Environmental Protection Agency
Site Name
: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by : J
. K. Bliton
Date: June 30, 2006
FOS File
TIME: 11 :32 am.
DIRECTION : Down
PHOTO #: 1410175005-06302006-037
COMMENTS : Uncovered general
construction and demolition debris and
refuse, West side Phase V
.
TIME: 11 :32 am.
PHOTODIRECTION#: 1410175005-06302006-038
: W
COMMENTS: Uncovered general
construction and demolition debris
and
other refuse, West side Phase V.
LPC # 1410175005- Ogle County
Illinois Environmental Protection Agency
Site Name
: Veolia ES Orchard Hills Landfill
DIGITAL PHOTOGRAPH PHOTOCOPIES
Photos taken by
: J. K. Bliton
Date: June 30, 2006
FOS File
TIME: 11 :32 a.m.
DIRECTION :
N W
PROTON: 141017500506302006-039
COMMENTS :
Uncovered general
construction and demolition debris and
other refuse, West side Phase V .
TIME: 11:33 a.m.
DIRECTION
: S W
PHOTO #
: 141017500506302006-040
COMMENTS :
Uncovered refuse and
general construction and demolition
debris, West side of Phase V
.
only
Attachment A. Page 1
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NARRATIVE
INSPECTION
REPORT DOCUMENT
Date of Inspection: 5/30/06
Inspector
. J. Bliton
Site Code: 1410175005
County
: Ogle
Site Name : Onyx/Orchard Hills
Time: 11 :00 a .m. - 12:39 p .m
.
SkwallLB&mado
Weather conditions: Partly Cloudy, Mid 80s, Winds SW 5-10 MPH
I arrived at the Orchard Hills Landfill at 11:00
am I walked up to the scale house
.
Cindy, the scale house operator, called Chris Peters, the General Manager
. Chris met me and we
drove to the landfill.
Chris pointed out the new litter fences added to the slope of Phase II
. We drove over to
the working face which is in Phase V
. Chris and I discussed the pile of general construction and
demolition debris
. They have been using it for road base and for Alternative Daily Cover
Material (ADCM)
. Because this pile is not clean construction and demolition debris, it can only
be used for road base materials and not ADCM
. The general construction and demolition pile
contains primarily wood, but also pieces of metal, fabric, plastic, etc
. Any materials not included
in the definition of General Construction or Demolition Debris, shall be considered as waste and
is not to be included in road base material nor as ADCM
.
According to Section 3
.160 of the Illinois Environmental Protection Act 415 ILCS,
5/3
.160), general construction and demolition debris means non-hazardous, uncontaminated
materials resulting from the construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following
: bricks, concrete, and other masonry materials
;
soil
; rock, wood, including non-hazardous painted, treated, and coated wood and wood products
;
wall coverings; plaster, drywall; plumbing fixtures
; non-asbestos insulation
; roofing shingles and
other roof coverings ; reclaimed asphalt pavement
; glass
; plastics that are not sealed in a manner
that conceals waste
; electrical wiring and components containing no hazardous substances
; and
piping or metals incidental to any of those materials .
General construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities, structures, and
road provided the uncontaminated soil is not commingled with any general construction or
demolition debris or other waste
.
Section 11.6 (j) of the operating permit 1996-135-LF, modification No
. 37, states that
Attachment A. Page
2
clean construction and demolition debris as defined in Section 3
.160(b) of the Act, may be used
as ADCM
. Clean construction or demolition debris means uncontaminated broken concrete
without protruding metal bars, bricks, rock, stone, reclaimed asphalt pavement, or soil generated
from construction or demolition activities .
Clean construction or demolition debris does not include uncontaminated soil generated
during construction, remodeling, repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any clean construction or demolition
debris or other waste.
Section 1I.6(j)
goes on to state that only material that can be placed without leaving
unacceptably large voids or open passages to the waste mass may be used
.
Please be advised that according to Section 11
.6 (a,b,c) of the permit the use of ADCM
shall be subject to the following conditions
:
a.
If any alternate materials other than those approved by this permit are to be used,
b.
their use must be approved by the Illinois EPA through the permit process
.
At any one time, the total area, using ADCMs, shall be no more than 60,000
square feet
. Beyond this maximum, daily cover soil shall be used on all areas
where waste has been disposed and to which intermediate or final cover has not
been applied.
c.
Areas upon which ADCMs have been used must be covered with either
conventional cover or additional waste within six
days.
been
31
/2:
1
repairedslopeWe
proceeded
. The
. Also,
erosion
to
more
the
gullies
waste
west
will
of
on
the
the
be
sitewest
added
.
slope
The
to the
south
of
top
Phase
slope
of
III
Phase
of
noted
Phase
N due
in
III
to
the
was
three
last
filled
inspection
or four
to achieve
feet
haveofa
settling.
All the extraction wells are in
. Seventy-five percent of the piping is in . The capping of
Phase IV will then begin
. Ryan, Inc ., will start on the west side of Phase IV with the addition of
clay.
We drove to the east slope of Phase 11
. Dirt was being hauled there to help cover any
waste exhumed for pipe trenches
. Pipe was being laid down .
We drove on top of Phase I and II
. The top is covered well . There was an erosion gully
on the south slope of Phase II
that will need to be watched at this time or repaired if it worsens .
We looked out over the working face
. Litter fences were in place .
We drove back to the scale house and I left the site at 12 :39 p.m.
Attachment A
. Page 3
STATE OF ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NARRATIVE INSPECTION
REPORT DOCUA
Date of Inspection: 1/24/05
Inspector
: Joy Bliton
Site Code :
1410175005
County
: Ogle
Site Name: Onyx/Orchard Hills
Time: 11:40
AM-
12:30 PM
General Remarks
Weather conditions : Partly Cloudy, 30 degrees
; winds SW @ 10 mph
I arrived at the Onyx Orchard Hills Landfill and started the routine landfill inspection at 11
:40
a.m. Rob Kraemer and I drove up to the top of Phase II
and III
. We looked over the area that
needed additional cover that was east of the working face
. Rob said that they added additional
cover. I noted now that the waste was not exposed
.
We drove over to the working face which is in Phase IV
. They had both tippers working
. They
have a new compactor
. There were piles of processed landscape waste, wood chips and general
construction and demolition debris
. I discussed with Rob that the construction and demolition
debris may only be used for road building and not for alternate daily cover since it did not meet
the definition of clean construction and demolition debris sine it contained wood waste and
plastic.
We drove back to the scale house and I left at 12:30
p.m.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF OGLE
)
Complainant,
)
v
.
0-1
)
AC #:
Sloe
(Administrative Citation)
VEOLIA ES ORCHARD HILLS LANDFILL, INC.
)
(formerly doing business as :
)
ONYX ORCHARD HILLS LANDFILL, INC .) )
Respondent .
)
PROOF OF SERVICE
The undersigned, under oath, states that a copy of the TRANSMITTAL LETTER TO
THE ILLINIS POLLUTION CONTROL BOARD, NOTICE OF FILING, ENTRY OF
APPEARANCE, ADMINISTRATIVE CITATION, INFORMATIONAL NOTICE,
REMITTANCE FORM, INSPECTOR'S AFFIDAVIT, INSPECTION REPORT FORM WITH
ATTACHMENTS, NOTICE OF CORRECTIVE ACTION, & PROOF OF SERVICE on the
above-captioned matter was personally served by handing a copy of the above to
bsc1'bed an i
rn to Before Me
/a ., Ad . '~_,i
10
ublic
/Prln arm/
on
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g/.1 Q /
, 2006
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* ITAn n,rby
/Print Name/
Deputy, Ogle County
'ff Department
