INFORMATIONAL NOTICE!!!
RECEIVEDCLERK'S
OFFICE
SEP 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
r"
~ 1
'I
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
.
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) .
RECEIVEDCLERK'S
OFFICE
SEP
. 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC U
I
~' 1
V .
)
(IEPA No
. 254-06-AC)
LEE COUNTY LANDFILL SC, LLC, and )
DAVE GEIER,
)
Respondents.
NOTICE OF FILING
To:
Lee County Landfill SC, LLC
Dave Geier
CT Corporation System
Lee County Landfill SC, LLC
208 S . Lasalle, Suite 814
1214 South Bataan Road
Chicago, IL 60604
Dixon, IL 61021
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,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: September 15, 2006
ichelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP, 2 0 2006
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
j
Complainant,
)
AC
(IEPA No . 254-06-AC)
v.
)
LEE COUNTY LANDFILL SC, LLC, and
)
DAVID GEIER,
)
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 Lee County Landfill SC, LLC is the permitted owner and operator and David
Geier is the certified operator (collectively "Respondents") of a facility located at 1214 South Bataan
Road, Dixon, Lee County, Illinois .
2 .
That said facility is operated as a sanitary landfill, operating under Illinois
Environmental Protection Agency Permit No . 1997-261-LF, and is designated with Site Code No
.
1030205110
. The facility is commonly known to the Illinois Environmental Protection Agency as
Lee County Landfill .
3 .
That Respondents have owned and/or operated said facility at all times pertinent
hereto
.
I
4 .
That on August 18, 2006, Kathy Geyer of the Illinois Environmental Protection
Agency's Rockford Regional Office inspected the above-referenced facility . A copy of her
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Kathy Geyer during the course of her August 18,
2006 inspection of the above-referenced facility, the Illinois Environmental Protection Agency has
determined that Respondents violated the Illinois Environmental Protection Act (hereinafter, the
"Act") as follows
:
(1) That Respondents conducted a sanitary landfill in a mannerwhich resulted in uncovered
refuse remaining from any previous operating day or at the conclusion of any operating
day, unless authorized by permit, a violation of Section 21 (o)(5) of the Act, 415 ILCS
5/21 (o)(5) (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 ($500 .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 October 31, 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 (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
2
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, 4151LCS 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 .
~y"~~ ~.
&C4-U-
Date
Q
1510(0
Douglas P!~Scott, Director
vre.~
Illinois Environmental Protect Agency
Prepared by :
Susan E . Konzelmann, Legal Assistant
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
RECEIVEDCLERK'S
OFFICE
REMITTANCE FORM
SEP
. 2 0 2006
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC o 1 41
(IEPA No. 254-06-AC)
v.
)
LEE COUNTY LANDFILL SC, LLC, and )
DAVE GEIER,
)
Respondents .
)
FACILITY:
Lee County Landfill
SITE CODE NO . :
1030205110
COUNTY :
Lee
CIVIL PENALTY :
$500.00
DATE OF INSPECTION
:
August 18, 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 Illinois Environmental
Protection Agency, Attn . : Fiscal Services, P
.O . Box 19276, Springfield, Illinois
62794-9276 .
5
ILLINOIS ENVIRONMENTAL PROTECTION AGF>
CEIVEDRK'S
OFFICE
AFFIDAVIT
IN THE MATTER OF :
)
Lee County Landfill, Inc .,
)
IEPA DOCKET NO.
Respondent
)
Affiant, Katherine L . Geyer, being first duly sworn, voluntarily deposes and states
as follows :
1 . Affiant is a field inspector employed by the Land Pollution Control Division
of the Environmental Protection Agency and has been so employed at all
times pertinent hereto .
2 . On August 18, 2006, between 5 :40 a.m. and 7 :45 a.m., Affiant conducted an
inspection of a permitted landfill located in Stephenson County, Illinois and
known as Lee County Landfill, Inc . by the Illinois Environmental Protection
Agency. Said site has been assigned site code number LPC#1030205110 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 .
Katherine L. Geyer, Environ
ntal Protection Specialist III
Subscribed and Sworn to Before Me
this
l
o
~h
day of ~~
/)l-4L',
2006
it'L
Notary
,
j l
Public
~% ~~u zz&
SEP
. 2 0 2006
STATE OF ILLINOIS
Pollution Control Bowa
"OFFICIAL SEAL"
TERESALABUNSKI
Notary Public, State
of Illinois
My Commission Expires
111012007
County : Lee
Location/Site Name : Dixon/Lee County Landfill
Date:
08/18/06
Time: From 0540
Inspector(s) : Geyer, Kathy
No
. of Photos Taken : # 6
Interviewed :
Marcus Nettz
Permitted Owner Mailing Address
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
Lee County Landfill SC, LLC
Attn : Steve Smith
13832 S . Kostner
Crestwood, IL 60445
Chief Operator Mailing Address
Lee County Landfill SC, LLC
Attn : Roger Groan
13832 South Kostner
Crestwood, IL 60445
AUTHORIZATION :
Significant Modification Permit
InitialLatest
: Mod1997-261-LF
. #58
Revised 9/21/2005
LPC#:
1030205110
Region :
1-Rockford
To 0745
Previous Inspection Date: 6-8-06
Weather : 75° F., hazy, partly cloudy, dry
Samples Taken :
Yes #
No
Facility Phone No . :
815/284-2432
OPERATIONAL STATUS
:
Ooeratina
Closed-Not Certified .
El
Closed-Date Certified :
(811 Solid Waste-1)
Permitted Operator Mailing Address
(same as permitted owner)
Certified Operator Mailing Address
Lee County Landfill SC, LLC
Attn : Dave Geier
1214 S . Bataan Road
Dixon, IL 61021
TYPE OF OPERATION :
Existing Landfills
814-Subpart C
814-Subpart D
0
0
New Landfills : 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
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 # : 1030205110
Inspection Date : August 18, 2006
Revised 9/21/2005
(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
eenncFirnnnN
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
LI
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
21
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
/
LPC # : 1030205110
Inspection Date
: August 18, 2006
Revised 9/21/2005
(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
0
(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
i4
(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
(q)
Dust Control
(h)
Noise Control
(i)
Vector Control
∎
(j)
Fire Protection
(k)
Litter Control
(I)
Mud Trackinq
(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
(b)
Proper Sign Posted
LPC # : 1030205110
Inspection Date : August 18, 2006
Revised 9/21/2005
(811 Solid Waste-4)
33.
811 .110
CLOSURE AND WRITTEN CLOSURE PLAN
(a)
Final Slopes and Contours
(b)
Drainage Ways and Swales
(c)
Final Configuration
(d)
Written Closure Plan
(e)
Initiation of Closure Activities at MSWLF Units
(f)
Completion of Closure Activities at MSWLF Units
(g)
Deed Notation for MSWLF Units
34.
811 .111
POST-CLOSURE MAINTENANCE
(a)
Procedures After Receipt of Final Volume of Waste
(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
fl
(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
39 .
811 .311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
(a)
Conditions for Installation of Gas Management System
0
(b)
Notification and Implementation Requirements
∎
(c)
Standards for Gas Venting
∎
(d)
Standards for Gas Collection
LPC # :1030205110
Inspection Date : August 18, 2006
Revised 9/21/2005
(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
(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
(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 # : 1030205110
Inspection Date : August 18, 2006
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) .
Revised
9/21/2005
(811 Solid Waste-6)
PART 811
SUBPART
G
FINANCIAL ASSURANCE
COMPLY WITH FINANCIAL ASSURANCE REQUIREMENTS OF PART
∎
52
.
811 .700
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
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
Part 858
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
∎
56 .
Subpart B
WHERE INCOMING WASTE IS WEIGHED (LIST SPECIFIC SECTION
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 :
APPARENT VIOLATION OF : (∎ PCB
; (∎) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON :
59 .
LPC # : 1030205110
Inspection Date : August 18, 2006
Revised 9/21/2005
(811 Solid Waste-7)
PERMIT PROVISIONS
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
PERMIT NUMBER
1997-261-LF
Modif . #58
11 .2 .e, page 6, "The operator of this solid waste facility shall not conduct the operation in a manner
which results in any of the following . . . e
. uncovered refuse remaining from any previous operting
day or at the conclusion of any operating day, unless authorized by permit . . . ."
(same as above)
11 .4
.a-w, page 7, "At the end of each day of operation, all exposed waste shall be covered with any
combination of the following alternate daily covers
1030205110-Lee County
Dixon/Lee County Landfill
FOS File
August 16, 2006
Geyer, Katherine
Page 1 of 2
Narrative
On August 18, 2006, the writer, Kathy Geyer, inspected Lee County Landfill
. I arrived at 5 :40
a .m ., anticipating the opening of the facility at 6
:00 a .m . Upon arrival, I went to the office,
where I found Marcus Nettz, the operations manager
. He accompanied me during the
inspection
. On the day of the inspection, the weather conditions were 75° Fahrenheit, hazy
(dark upon arrival), and dry .
We first proceeded to the active face, arriving at approximately 5
:50 a.m
. We approached the
active face from the west, at the bottom
. The refuse was being dumped from the top because
the face was fairly close to the west side .
I noted that the "Tarp-o-matic" (trailer that
mechanically removes the tarps which have been used as alternate daily cover) had just
begun steadily uncovering the day's active face
. Historically, employees begin removing the
tarps at 5 :00 a .m . The covered active face was in excellent condition
. The active face was
located across a combination of Cells 11 and 13
. The next cell, which received a permit to
operate, is Cell 16, which was still empty on the date of the inspection
.
Next, we drove around the main haul road to the top of the active face, approaching from the
east side . We arrived there at 6
:03 a .m . Two trucks were backing into the two tippers present
at the active face .
Mr. Nettz advised me that they were waiting for a contractor to complete the final tie-in for the
leachate system for Cell 16 before they begin filling the Cell . The contractor has been delayed
for approximately 2 weeks due to another project, so Cell 16 remains to be empty
. It was
permitted for operation on June 22 . Just southeast of the active face, approximately 200'
away, was a large, long pile of general construction and demolition debris, which was left
uncovered . I took a photograph of it
. Mr. Nettz told me that approximately 2 weeks previous,
the day that a contractor was supposed to arrive to tie in the leachate system for Cell 16, the
landfill received several truckloads of the subject demolition debris . They had intended to use
it as a "first layer" in Cell 16 on the same day that it was received, just after the contractor
finished the leachate system
. However, as mentioned previously, the contractor was delayed
and had not arrived by the date of this inspection
. Consequently, according to Mr . Nettz, the
debris had been stockpiled and uncovered for approximately 2 weeks
. He further told me that
when they realized that the contractor would not be arriving on that day, and they received
more demolition debris, the remainder of the debris was dumped at the active face and
covered .
The demolition debris consisted of wood, asphalt shingles, wires, chunks of drywall, carpeting,
fencing material, vinyl siding, pieces of furniture, kitchen cupboards, and other miscellaneous
material
. The pile was visually estimated to be approximately 150' long by 20' wide and
approx. 10' tall
. It appeared to meet the definition of "General Construction or Demolition
Debris," found in Section 3
.160(a) of the Environmental Protection Act (415 ILCS 5/1 et . seq.) .
Mr. Nettz told me that he understood that the permit allowed the stockpiling of the material . I
searched through the permit and found that the permit allows
; shredded and chipped wood as
alternate daily cover and temporary road base, and, clean construction and demolition debris
(as defined by Section 3 .160(b) of the Act) to be used as alternate daily cover
. The permit
goes on to state that the chipped and shredded wood can be derived from General
1030205110-Lee County
Dixon/Lee County Landfill
FOS File
August 18, 2006
Geyer, Katherine
Page 2 of 2
Construction and Demolition Debris
. However, the permit also states that none of the subject
materials are allowed to be stockpiled . Consequently, since I arrived before the permitted
opening time of the landfill, and took the photograph right at 6
:05 a.m., I documented an
alleged violation of Section 21 (o)(5)
(among other violations) of the Act . Section 21 (o)(5)
of
the Act prohibits uncovered refuse to remain from any previous operating day or at the
conclusion of any operating day .
Next, we drove completely around the landfill on the paved haul road . We stopped at the
landscape waste transfer area, located at the north end of the landfill . The area contained
ONLY landscape waste, with no other refuse present
. It appeared to all be "fresh" and no
odors were evident from the pile . Also, there was absolutely no blown litter visible anywhere
on the site .
Next, we drove back to the active face
. We observed several trucks dumping from the two
tippers . The loads were immediately spread and compacted by the compactors
.
Next, we arrived at the office
. At this time, I looked through the permit, as mentioned earlier in
this report . Mr
. Nettz requested a copy of the definition of "clean construction and demolition
debris." I told him that I would fax him a copy as soon as I arrived back in the office
. He told
me that, as soon as we were finished he would radio his employees to push the pile to the
active face for final disposal
.
I asked Mr . Nettz how the facility records truckloads and amounts of leachate leaving the site
from treatment . He told me that, after the tankers are filled, they travel over the scale
. The
weight is divided by 8.34 pounds per gallon, and that number is recorded on an Excel
spreadsheet
. That spreadsheet is printed out for internal and external monthly reports .
I left at 7 :45 am. When I returned to the office, I faxed Mr . Nettz a copy of Section 3 .160 .
The facility appeared to be in violation of Sections 21 (d)(1), 21 (d)(2), and 21
(o)(5)
of the
Environmental Protection Act and Section 811 .106(a) of 35 III
. Adm
. Code Subtitle G . The
specific apparent permit violations were of conditions #11 .2 .e and 11 .4.a-w of Permit #1997-261-
LF, Modification #58 .
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00v
G10
G09
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005D
G04
0035 .
Go
S.
LEGEND
1030205110-Lee County
Lee County Landfill
Date of Inspection
: August 18, 2006
Time of Inspection : 0540-0745
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Illinois Environmental Protection Agency
1030205110-Lee County
Bureau
Division of Land
of
Pollution
Land
Control
Dixon/Lee County Landfill
FOS File
DIGITAL PHOTOGRAPHS
File Names : 1030205110-08182006-[Exp
. #] .jpg
Date: August 18, 2006
Time: 0550
Direction : southeast
Photo by: Kathy Geyer
Exposure # :001EO02E
Comments: Active face
with two tippers
positioned at the top
before complete
removal of the tarps.
Date: August 18, 2006
Time: 0605
Direction : west
Photo by: Kathy Geyer
Exposure # : 003
Comments
: First trucks
backing into the
tippers .
Page 1 of 3
Illinois Environmental Protection Agency
1030205110-Lee County
Bureau
Division of Land
of
Pollution
Land
Control
Dixon/Lee County Landfill
FOS File
DIGITAL PHOTOGRAPHS
File Names
: 1030205110--08182006-[Exp . #].jpg
Date: August 18, 2006
Time: 0605
Direction : southeast
Photo by: Kathy Geyer
Exposure # : 004
Comments: demolition
debris. The tarp in
the photo is an old
one, not used for
cover on the date of
the inspection .
Date
: August 18, 2006
Time: 0630
Direction
: west
Photo by : Kathy Geyer
Exposure #: 005
Comments: Newly-
permitted cell 16 .
Page
2 of 3
Division
Illinois
Bureau of
of
Environmental
LandLand
Pollution
Protection
Control
Agency
1030205110-Lee
Dixon/Lee County LandfillCounty
FOS File
DIGITAL PHOTOGRAPHS
File Names: 1030205110--08182006-[Exp . #].jpg
(NO PHOTOGRAPH)
Date: August 18, 2006
Time: 0645
Direction : south
Photo by : Kathy Geyer
Exposure # : 006
Comments: Landscape
waste transfer area.
Date:
Time:
Direction :
Photo by :
Exposure #:
Comments:
Page 3 of3
PROOF OF SERVICE
I hereby certify that I did on the 15th day of September 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: Lee County Landfill SC, LLC
Dave Geier
CT Corporation System
Lee County Landfill SC, LLC
208 S . Lasalle, Suite 814
1214 South Bataan Road
Chicago, IL 60604
Dixon,1L 61021
Cert #7004 2510 0001 8587 7528
Cert #7004 2510
0001
8587 7535
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
Cert #7004 2510 0001 8587 7511
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
