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) (2006)
.
FACTS
1 .
That Respondent, Veolia ES 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 Veolia ES Valley View Landfill .
4.
That Respondent has owned and/or operated said facility at all times pertinent
hereto .
5.
That on April 5, 2007 between the hours of 6
:20 am and 7
:10 am, Darlene K
. Powell
of the Macon County Solid Waste Management Department conducted an inspection of the above-
RECEIVEDCLERK'S
OFFICE
MAY 1 0 2001
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Pollution
STATE OF
Control
ILLINOIS
Board
ADMINISTRATIVE CITATION
COUNTY OF MACON, ILLINOIS
)
Complainant,
j
V .
)
AC
d
'
(MCSWMD No. 2007 -
001 -AC)
Veolia ES Valley View Landfill,
)
Respondent.
)
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 Darlene K
. Powell during the course of her April 5,
2007 inspection of the above-referenced facility, the Macon County Solid Waste Management
Department has determined that Respondent violated the Illinois Environmental Protection Act
(hereinafter, the "Act") as follows
:
(1)
That Respondent conducted a sanitary landfill operation in a mannerwhich resulted
in uncovered refuse remaining from any previous operating day or at the conclusion
of any operating day, a violation of Section 21 (o)(5) of the Act, 415 ILCS 5/21 (o)(5)
(2006) ; and
(2)
That Respondent conducted a sanitary landfill operation in a manner which resulted
in a failure to collect and contain litter from the site by the end of each operating day,
a violation of Section 21 (o)(1 2) of the Act, 415 ILCS 5/21 (o)(1
2) (2006) .
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5142(b)(4) (2006), Respondent is subject
to a civil penalty of Five Hundred Dollars ($500
.00) for each of the violations identified above, for a
total of One Thousand Dollars ($1,000.00)
If Respondent elects not to petition the Illinois Pollution
Control Board, the statutory civil penalty specified above shall be due and payable no later than
June 30, 2007,
unless otherwise provided by order of the Illinois Pollution Control Board .
If Respondent elects 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 (2006), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
2
Respondent 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) (2006), if Respondent fails
to petition or elects 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, Respondent's check shall be made payable to the Macon County
Solid Waste Management Department and mailed to the attention of Darlene K . Powell, Macon
County Solid Waste Management Department, 141 South Main Street, Room 212, Decatur, Illinois
62523-1293 . Along with payment, Respondent 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 Respondent 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 Respondent in Circuit Court to collect said penalty and/or hearing costs, plus
any interest accrued .
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondent has the right to contest this Administrative Citation pursuant to and in
accordance with Section 31 .1 of the Act, 415 ILCS 5/31/1 (2006) . If Respondent elects to contest
this Administrative Citation, then Respondent 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 Respondent .
,Kenneth
-1 Boles
Date
~~d2
Assistant State's Attorney
Macon County, Illinois
Prepared by :
Darlene K. Powell, Inspector
Macon County Solid Waste Management Department
141 South Main Street, Room 212
Decatur, Illinois 62523-1293
217-421-0291
4
COUNTY OF MACON,
)
Complainant,
)
V .
)
Veolia ES Valley View Landfill,
)
Respondent .
)
FACILITY:
Veolia ES Valley View Landfill
SITE CODE NO. :
1158040008
COUNTY:
Macon
CIVIL PENALTY:
$1,000
.00
DATE OF INSPECTION
:
April 5, 2007
DATE REMITTED :
SSN/FEIN NUMBER :
SIGNATURE:
NOTE
Please enter the date of your remittance,
your Social Security Number (SSN) 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 Darlene K
. Powell, Macon
County Solid Waste Management Department,
141 South Main Street, Decatur, Illinois 62523-1293 .
REMITTANCE FORM
5
(MCSWMD No
. 2007-001-AC)
RECEIVEDCLERK'S
OFFICE
MAY 10 2007
STATE OF ILLINOIS
Pollution Control Board
Subscribed and Sworn to before me
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
AFFIDAVIT
IN THE MATTER OF :
)
Veolia ES Valley View Landfill
)
(MCSWMD File No . 2007-001-AC)
Respondent
)
Affiant, Darlene K . Powell, 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 April 5, 2007 between 6:20 am and 7:10 am, Affiant conducted an inspection of the
site in Macon County, Illinois, known as Veolia ES Valley View Landfill, Illinois Environmental
Protection Agency Site No . 1158040008 .
3. Affiant inspected said Veolia ES 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 Veolia ES Valley View Landfill site
.
/t!//i4 .l/ne d2,eep
SOLID
MACON
DEPARTMENTWASTE
COUNTYMANAGEMENT
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,
) DecaturNeolia ES Valley View Landfill
Complainant
)
COMPLIANCE FILE
vs.
)
Veolia ES Valley View Landfill,
)
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 Department's inspection,
conducted on April 5, 2007, 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 : Darlene K. Powell, 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 ILLS 5131 .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 Darlene K . Powell at (217) 421-0291 .
MACON COUNTY SOLID WASTE MANAGEMENT DEPARTMENT
Darlene K . Powell
Inspector
Date: Mav 2, 2007
CERTIFIED MAIL #:
7005-1820-0006-9701-4288
Enclosure
cc:
Rich Gerard, Illinois Environmental Protection Agency
Ellen Robinson, Illinois Environmental Protection Agency
FOS File
County:
Macon
LPC#:
1158040008
Location/Site Name :
DecaturNeolia ES Valley View Landfill
Date:
04/05/2007 Time : From 6:20 am
To 7:10 am
Inspector(s) :
Darlene K . Powell
No. of Photos Taken : # 10
Interviewed :
Troy Ward
Permitted Owner Mailing Address
Veolia ES Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Chief Operator Mailing Address
Veolia ES Valley View Landfill
Attn: Chris Peters, Chief Operator
1363 Bear Road
Decatur, Illinois 62522
AUTHORIZATION :
Significant Modification Permit
Initial :
1995-198-LF
Latest 50 (05/01/2011)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
Weather:
OPERATIONAL STATUS
:
Ooeratina
Closed-Not Certified .
El
Closed-Date Certified :
Revised 06/18/2001
(811 Solid Waste-1)
Certified Operator Mailing Address
New Landfills:
Region : 4 - Champaign
Previous Inspection Date : 03/22/2007
overcast, windy, temp in twenties
Samples Taken
:
Yes #
No
Facility Phone No . :
217-963-2976
Permitted Operator Mailing Address
Veolia ES Valley View Landfill
1363 Bear Road
Decatur, Illinois 62522
Veolia ES Valley View Landfill
Attn : Chris Peters, Operator
1363 Bear Road
Decatur, Illinois 62522
TYPE OF OPERATION
:
Existing Landfills
814-Subpart C
814-Subpart D
SEl
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 Regulations or Standards Adopted by the Board
~~
8 .
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE,
OR
TRANSPORT ANY WASTE INTO THE STATE AT/TO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
~~
L
9.
, 21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT.
LPC # : 1158040008
Inspection Date
: 4/5/2007
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 Flowinq 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
0
(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
MnnIFireTinuLANDFILL
(MSWLF) UNIT WITHOUT A PERMIT
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
2?
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 : 4/5/2007
Revised 06/18/2001
(811 Solid Waste-3)
24.
809 .302(a)
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
HAULERS
25.
809 .501
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
AND FORMS
(a)
Delivery of Special Waste to Hauler
(e)
Retention of Special Waste Manifests
NEW SOLID WASTE LANDFILL REQUIREMENTS
PART 811
SUBPART
GENERAL STANDARDS FOR ALL LANDFILLS
26.
811 .103
SURFACE WATER DRAINAGE
(a )
Runoff from Disturbed Areas
(b)
Diversion of Runoff from Undisturbed Areas
27.
811 .104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
(b)
Stakes and Monuments Marked
(c)
Stakes and Monuments Inspected
(d)
Control Monument Established and Maintained
28 .
811 .105
COMPACTION
0
29 .
811 .106
DAILY COVER
(a)
Six Inches Soil
(b)
Alternative Daily Cover
~5
30.
811 .107
OPERATING STANDARDS
(a)
Phasinq of Operations
(b)
Work Face Size and Slope
(c)
Equipment
(d)
Utilities
(e)
Maintenance
(f)
Open Burning
(q)
Dust Control
(h)
Noise Control
(i)
Vector Control
(j)
Fire Protection
(k)
Litter Control
(I)
Mud Tracking
(m)
Liquid Restrictions for MSWLF Units
31 .
811 .108
SALVAGING
(a)
Salvaging Interferes with Operation
NE
(b)
Safe and Sanitary Manner
ONE
(c)
Management of Salvagable Materials
NE
32.
811 .109
BOUNDARY CONTROL
(a)
Access Restricted
(b)
Proper Sign Posted
u
LPC # : 1158040008
Inspection Date : 4/5/2007
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
DNA
(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
(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
I
LPC # : 1158040008
Inspection Date : 4/5/2007
Revised 06/18/2001
(811 Solid Waste-5)
40.
811
.312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
(c)
No Unpermitted Gas Discharge
∎
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
(e)
Standards for Gas Flares
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other Than
Flares
o
(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
NA
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
NOTICE TO GENERATORS AND TRANSPORTERS
48.
811 .403
SPECIAL WASTE MANIFESTS REQUIREMENTS
49 .
811 .404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
ONE
(b)
Special Waste Recertification
NE
50.
811 .405
RECORDKEEPING REQUIREMENTS
51 .
811 .406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS WASTES
LPC #: 1158040008
Inspection Date : 4/5/2007
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
54
. 811.704
CLOSURE AND POST-CLOSURE CARE COST ESTIMATES
NE
55.
811
.705
REVISION OF COST ESTIMATE
NE
SOLID WASTE FEE SYSTEM REQUIREMENTS
56.
Part 858
Subpart B
MAINTAINED, RETAINED & SUBMITTED DAILY &
MONTHLY SOLID
WASTE RECORDS AND QUARTERLY SOLID WASTE SUMMARIES
WHERF INCOMING WASTF IS WEIGHED
(LIST SPECIFIC SECTION
MAINTAINED, RETAINED & SUBMITTED DAILY & MONTHLY SOLID
57. 1
Part
Subpart
858
C
WHERE
WASTE
INCOMING
RECORDS
WASTE
AND QUARTERLY
IS NOT WEIGHED
SOLID
(LIST
WASTE
SPECIFICSUMMARIES
∎
U
OTHER REQUIREMENTS
58.
OTHER :
APPARENT VIOLATION OF : ( PCB ; (0) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON :
59 .
∎
∎
LPC # : 1158040008
Inspection Date : 4/5/2007
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
Section II, Part 2(e) -- The operator of this facility shall not conduct the operation in a manner which
results in the following . .
. uncovered refuse remaining from any previous operating day or at the
conclusion of any operatinq day, unless authorized by permit .
1995-198-LF
Section II, Part 2(l) -
The operator of this facility shall not conduct the operation in a manner which
results in the following . . . failure to collect and contain litter from the site by the end of each operating
day .
1995-198-LF
Section 11, Part 5(d) -- . . .Use of ADCs shall be subject to the following conditions . .
. 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 .
1995-198-LF
Section II, Part 5(f) -- . . . Use of ADCs shall be subject to the following conditions . . . when an ADC is
applied, the operator shall keep a record including a description of the weather conditions, the type
of ADC used and its performance.
1995-198-LF
Section II, Part 5(p) -- . . .
Use of ADCs shall be subject to the following conditions . . . all ADC must
meet the requirements of 35 IAC, 811 .106(b)(1) through (4) at all times .
LPC #1158040008 - Macon County
DecaturNeolia ES Valley View Landfill
FOS File
Inspector(s) : Darlene K
. Powell
Inspection Date : Thursday, April 5, 2007
Inspection Report Narrative
I conducted a routine inspection of this facility on April 5, 2007 between
the hours of 6 :20 and 7 :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) . Ten photographs were taken . No samples collected .
Weather conditions at the time of the inspection were overcast and windy, with
an air temperature in the twenties
.
Site History and Permitting
Veolia ES 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
. Veolia ES Valley View was
granted permit Log No . 2006-338 on September 1, 2006 which modified permit
No. 1995-198-LF, Modification #50 . The new permit approves the modification to
the leachate management plan, which allows Veolia the option to also direct
leachate to Cathay Deep Well Disposal LLC . The current permit for this facility
expires on May 1, 2011 .
Site Inspection
I arrived on site at 6:20 in the morning . I stopped by the shop to let the
workers know I was on site to do an inspection . I then drove to the active area
.
Tarps and processed landscape waste were the main ADCs utilized
(Photographs 1 & 2) . A considerable amount of litter was present in the
processed landscape waste (Photographs 3 & 4) . Soil was also used along the
east edge of the tarps . Litter was also observed where soil had been utilized,
and a hole was visible in one of the tarps (Photographs 5 - 8) . The waste
underneath the section of tarp that had the hole was appropriately covered with
soil, as required by permit . Exposed refuse was observed in two locations
(Photographs 9 & 10) .
As I was preparing to leave the active area, I saw Patrick, the facility
mechanic, and briefly talked about what was observed
. When I mentioned the
exposed refuse, he asked if it looked like the tarps had been blown by the wind . I
said it appeared that way, but I did not know how the violations would be
handled . I told Patrick I would talk to Troy when he returned from vacation . I
then drove up to the office to review the records .
Veolia ES Valley View Landfill - 1158040008
1
Records Review
Records that were reviewed at the time of the inspection included the
following : alternate daily cover, leachate recirculation, and load checks
.
Veolia ES 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
. Veolia 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 . Veolia 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 . During the week of March 26
th through
the 31 St tarps, petroleum contaminated soil, and processed landscape waste
were utilized . Performance was recorded as good for the entire week . Looking
back through the ADC log for 2007, every day was noted as having good
performance, which was incorrect
. During an inspection conducted on March 20,
2007 a significant amount of litter was observed . It appeared as though the
information may have been recorded at the end of each operating day as
opposed to the following morning in order to document the performance of the
ADC . I made a note that I needed to speak to Troy when he returned from
vacation the following week .
Veolia ES 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 . Excess leachate is hauled
to the Veolia ES Orchard Hills Landfill, located in Ogle County, for recirculation
on an as needed basis . A permit was recently approved that will allow Veolia to
haul leachate to Cathay Deep Well Disposal LLC (formerly ISK Magnetics, Inc .) if
recirculation is not an option due to heavy rains for an extended period of time .
During the week of March 26
th
through the 31st, 60,000 gallons of leachate were
recirculated on site . No leachate was hauled off site during that week .
Veolia ES 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 March 30, 2007 between the
hours of 10 :23 in the morning and 1 :06 in the afternoon
. All three loads were
approved, and no waste was rejected .
I concluded my inspection and left the landfill at 7
:10 in the morning .
Follow-up
I spoke with Troy on April g th,
and I emailed him the pictures from the April
5th inspection while we were on the phone . Troy said it looked like birds picked
through the compost, and he also said the tarps appeared to have been moved
because of the windy conditions . I told Troy that litter was also observed where
soil was used and not just in the areas where compost was used as cover . I also
Veolia ES Valley View Landfill - 1158040008
2
told Troy the tarps need to be anchored so the wind is not able to move them .
Troy said the tarps could rip when the workers try to remove them the next day if
too much compost or soil is used to hold them in place .
I told Troy that ADC needs to perform at least as good as six inches of
soil. If the ADC currently utilized is not adequate for keeping vectors out of the
waste and keeping the waste covered, the refuse would need to be covered by
alternative means
. Troy said the ADCs being used now are the alternative, and
he would like to avoid using soil in order to save on air space in the landfill .
I told Troy the ADC log for 2007 had everyday to date as having good
performance for the ADC that was used, which was incorrect
. I mentioned the
March 20th inspection and how the ADC did not have good performance that day .
Each person will have his own interpretation as to whether or not the
performance is good ; however, if there is litter, regardless of how the litter got
there, the performance can not be marked as good . I asked when the
performance conditions were being recorded . Troy said at night before the
workers leave for the evening
. I told him that the performance conditions were
not supposed to be recorded until the following morning when the workers come
in and assess the area . Troy understood and said he would let the workers
know
.
Finally, I told Troy I was not sure how the violations would be handled . I
told Troy that after viewing the March 20 th inspection Rich Gerard said the litter
was bad enough that we could have pursued an Administrative Citation (AC) .
If
issued an AC by the Department for the current inspection, Troy said he would
probably fight the AC because he felt he had a good argument against everything
that was documented . I told Troy I would let him know if any developments
occurred before my meeting with Mr. Gerard on April 30th .
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 sect
(formerly III Ch
. Rev . Stat. Ch .111 '/z, 1001 et seq .)
Pursuant to Section 21(d)(1) of the Act, in relevant part, 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
permit, including periodic reports and full access to adequate records and the
inspection of facilities, as may be necessary to assure compliance with this Act
and with regulations and standards adopted there under .
•
A violation of Section 21(d)(1) is alleged because waste
was disposed of and/or stored in violation of permit
conditions
Veolia ES Valley View Landfill -
1158040008
3
Pursuant to Section 21(d)(2) of the Act, no person shall conduct any waste-
storage, waste-treatment, or waste-disposal operation 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 disposed of and/or stored in a way that violates
regulations and standards adopted by the Board .
Pursuant to Section 21(e) of the Act, no person shall dispose, treat, store or
abandon any waste, or transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which meets the
requirements of this Act and of regulations and standards there under
.
• A violation of Section 21(e) is alleged because waste was
disposed of and/or stored in a manner that does not meet
the requirements of the Act.
Pursuant to Section 21(o), (5) of the Act, no person shall conduct a sanitary
landfill operation which is required to have a permit . . . in a manner which results in
any of the following conditions . . . 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, which is not authorized by permit, was
observed during the inspection .
Pursuant to Section 21(o)(12) of the Act, no person shall conduct a sanitary
landfill operation which is required to have a permit
. . . in a manner which results in
any of the following conditions . . . 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 during the inspection .
Veolia ES Valley View Landfill - 1158040008
4
35 Illinois Administrative Code
. (Title 35 : Environmental
Protection, Subtitle G : Land Pollution, Chapter l : Pollution
Control Board) fRequlationsl
Pursuant to Section 811 .106(b) of the Regulations, 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 811 .106(a) in
the following areas: (1) prevention of blowing debris ; (2) minimization of access
to the waste be vectors ; (3) minimization of the threat of fires at the open face
;
and (4) minimization of odors .
•
A violation of 811 .106(b) is alleged because exposed
waste was observed during the inspection
.
Pursuant to Section 811 .107(k) of the Regulations, 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 during the inspection
.
VIOLATIONS OF PERMIT #1995-198-LF
Pursuant to Section 11 "Operating Conditions" Part 2(e),
the operator of this
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.
•
A violation of Section II, Part 2(e) of Permit 1995-198-LF
is alleged because uncovered refuse was observed in the
active area during the inspection .
Veolia ES Valley View Landfill - 1158040008
5
Pursuant to Section II "Operating Conditions" Part
2(l), the operator of this
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
.
•
A violation of Section II, Part 2(l) of Permit 1995-198-LF
is alleged because litter was observed during the
inspection .
Pursuant to Section II "Operating Conditions" Part
5(d), . . .
Use of ADCs shall
be subject to the following conditions
. . . 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) of Permit 1995-198-LF
is alleged because weather conditions adversely affected
the ability of the ADC to prevent the blowing of litter and
vectors.
Pursuant to Section II "Operating Conditions" Part
5(f), . . .
Use of ADCs shall
be subject to the following conditions . . .
when an ADC is applied, the operator
shall keep a record including a description of the weather conditions, the type of
ADC used and its performance .
•
A violation of Section II, Part 5(f) of Permit 1995-198-LF
is alleged because inaccurate information was recorded
in the ADC records at the time of the inspection
.
Pursuant to Section II "Operating Conditions" Part
5(p), . . .
Use of ADCs shall
be subject to the following conditions
. . .
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) and
811 .106(b)(2) .
Veolia ES Valley View Landfill - 1158040008
6
Map Output
Decatur/Veolia ES Valley View Landfill #1158040008
Legend
- Other
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INTERSTATE
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Parcels
Page 1 of 1
http:llmapserver
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.. . 1/30/2007
Site sketch for DecaturNeolia ES Valley View Landfill
Site #1158040008 - Macon County
Inspector(s) : Darlene K . Powell
Inspection Date
: Thursday, April 5, 2007
j
West Gate Entrance to Chubb Park Dirt Pit
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* Drawing not to scale
Arrows indicate direction/location of photographs
* 1 & 2 Represent the Liquid Waste Solidification boxes (buried)
*3 Represents the Residential Drop Boxes
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Bear Road
Office
------------------------------------------------------------------------------------------------------------------------
DATE: 4/5/2007
TIME: 6 :28 am
PHOTOS TAKEN BY :
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward : East
Tarps & compost used to
cover waste from
previous day ; some
visible litter
PHOTO
#:
02
INSPECTION PHOTOS
DATE:
4/5/2007
SITE # :1158040008
COUNTY: Macon
TIME : 6 :28 am
SITE NAME : Decatur/Veolia ES Valley View Landfill
PHOTOS TAKEN BY:
Darlene K . Powell
COMMENTS : Photo
Taken Toward : Northeast
Tarps & compost used to
cover waste from
previous day ; some
visible litter
PHOTO #: 01
DATE: 4/5/2007
TIME: 6:29 am
PHOTOS TAKEN BY
:
Darlene K
. Powell
COMMENTS
: Photo
Taken Toward : East
Litter
PHOTO #: 03
------------------------------------------------------------------------------------------------------------------------
DATE
: 4/5/2007
TIME: 6:29 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS: Photo
Taken Toward : East
Litter
PHOTO #: 04
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY: Macon
SITE NAME : Decatur/Veolia ES Valley View Landfill
DATE: 4/5/2007
TIME : 6 :30 am
PHOTOS TAKEN BY:
Darlene K
. Powell
COMMENTS : Photo
Taken Toward : South
Litter
PHOTO #
: 05
------------------------------------------------------------------------------------------------------------------------
DATE: 4/5/2007
TIME : 6:30 am
PHOTOS TAKEN BY :
Darlene K. Powell
COMMENTS: Photo
Taken Toward : South
Litter
PHOTO #: 06
INSPECTION PHOTOS
SITE
#
: 1158040008
COUNTY: Macon
SITE NAME: DecaturNeolia ES Valley View Landfill
DATE
: 4/5/2007
TIME: 6:31
am
PHOTOS TAKEN BY :
Darlene K
. Powell
COMMENTS : Photo
Taken Toward : Northwest
Ripped tarp ; soil used to
cover waste underneath
PHOTO #: 07
------------------------------------------------------------------------------------------------------------------------
DATE: 4/5/2007
TIME: 6:31
am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS : Photo
Taken Toward
: West
Litter
PHOTO #: 09
INSPECTION PHOTOS
SITE #
: 1158040008
COUNTY: Macon
SITE NAME :
DecaturNeolia ES Valley View Landfill
DATE : 4/5/2007
TIME: 6:32 am
PHOTOS TAKEN BY :
Darlene K . Powell
COMMENTS
: Photo
Taken Toward
: West
Exposed refuse
PHOTO #: 09
PHOTO #: 10
INSPECTION PHOTOS
SITE #: 1158040008
COUNTY : Macon
SITE NAME : DecaturNeolia ES Valley View Landfill
------------------------------------------------------------------------------------------------------------------------
DATE : 4/5/2007
TIME : 6 :32 am
PHOTOS TAKEN BY :
Darlene K. Powell
COMMENTS : Photo
Taken Toward : West
Exposed refuse
