Lisa

Madigan

ATTORNEY

GENERAL

April

13,

2006

-4c

The

Honorable

Dorothy

Gunn

Illinois

Pollution

Control

Board

James

R.

Thompson

Center,

Ste.

11-500

100

West

Randolph

Chicago,

Illinois

60601

Re:

People

v.

Gary

Simmons,

individually,

and

Lawrence

County

Disposal

Centre,

Inc.,

an

Illinois

corporation

Dear

Clerk

Gunn:

Enclosed

for

filing

please

find

the

original

and

ten

copies

of

a

Notice

of

Filing,

Entry

of

Appearance

and

Complaint

in

regard

to

the

above-captioned

matter.

Please

file

the

originals

and

return

file-stamped

copies

to

me

in

the

enclosed,

self-addressed

envelope.

Thank

you

for

your

cooperation

and

consideration.

Very

truly

yours,

2A1hL

Phillip

McQuillan

Environmental

Bureau

500

South

Second

Street

Springfield,

Illinois

62706

(217)

782-9031

PM/pp

Enclosures

500

SouthSecond

Street,

Springfield,

Illinois

62706

•

(217)

782-1090

•

‘fLY:

(217)

785-2771

•

Fax:

(217)

782-7046

100

\Vest

Randolph

Street,

Chicago,

Illinois

60601

•

(312)

814-3000

•

‘ffY:

(312)

814-3374

•

Fax:

(312)

814-3806

1001

f’,n

(

rhnr,r1,,I

fIl

iQ01

•

(i1

7Oj.100

•

T’T’V

(I1SO

7OL0

•

(1O

2Ojj.1,

---

GARY

SIMMONS,

individually,

and

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,

an

Illinois

corporation,

Respondents.

To:

Gary

Simmons

P.O.

Box

1852

Vincennes,

IN

47591

Lawrence

County

Disposal

Centre,

Inc.

do

National

Registered

Agents,

Inc.

200

West

Adams

Street

Chicago,

IL

60606

PLEASE

TAKE

NOTICE

that

on

this

date

I

mailed

for

filing

with

the

Clerkof

the

Pollution

Control

Board

of

the

State

of

Illinois,

a

COMPLAINT,

a

copy

of

which

is

attached

hereto

and

herewith

served

upon

you.

Failure

to

file

an

answer

to

this

Complaint

within

60

days

may

have

severe

consequences.

Failure

to

answer

will

mean

that

all

allegations

in

this

Complaint

will

be

taken

as

if

admitted

for

purposes

of

this

proceeding.

If

you

have

any

questions

about

this

procedure,

you

should

contact

the

hearing

officer

assigned

to

this

proceeding,

the

Clerk’s

Office

or

anattorney.

vs.

)

)

)

)

)

PCBNo.

)

(Enforcement)

NOTICE

OF

FILING

Gary

Simmons

2101

South

Sievers

Road

Vincennes,

IN

47591

1

---

PEOPLE

OF

THE

STATE

OF

ILLINOIS

LISAMADIGAN,

Attorney

General

of

the

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

Litigation

Dlvi

n

BY:

PHILLIP

MaQUILLAN

Assistant

Attorney

General

Environmental

Bureau

500

South

Second

Street

Springfield,

Illinois

62706

217/782-9031

Dated:

April

13,

2006

2

---

following

instruments

entitled

NOTICE

OF

FILING,

ENTRY

OF

APPEARANCE

and

COMPLAINT:

To:

Gary

Simmons

Gary

Simmons

P.O.

Box

1852

2101

South

Sievers

Road

Vincennes,

IN

47591

Vincennes,

IN

47591

Lawrence

County

Disposal

Centre,

Inc.

do

National

Registered

Agents,

Inc.

200

West

Adams

Street

Chicago,

IL

60606

and

the

original

and

ten

copies

by

First

Class

Mail

with

postage

thereon

fully

prepaid

of

the

same

foregoing

instrument(s):

To:

Dorothy

Gunn,

Clerk

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

Suite

11-500

100

West

Randolph

Chicago,

Illinois

60601

Phillip

McQdillan

Assistant

Attorney

General

This

filing

is

submitted

on

recycled

paper.

---

vs.

)

PCB

No.

)

(Enforcement)

GARY

SIMMONS,

individually,

and

)

LAWRENCE

COUNTY

DISPOSAL

)

CENTRE,

INC.,

an

Illinois

corporation,

)

Respondents.

ENTRY

OF

APPEARANCE

On

behalf

of

the

Complainant,

PEOPLE

OF

THE

STATEOF

ILLINOIS,

PHILLIP

McQUILLAN,

Assistant

Attorney

General

of

the

State

of

Illinois,

hereby

enters

his

appearance

as

attorney

of

record.

Respectfully

submitted,

PEOPLE

OF

THE

STATEOF

ILLINOIS,

LISA

MADIGAN

Attorney

General

of

the

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

Liti

ion

Diyision

BY:

2d

PHILLIP

McUILLA

Environmental

Bureau

Assistant

Attorney

General

500

South

Second

Street

Springfield,

Illinois

62706

217/782-9031

Dated:

April

13,

2006

---

Complainant,

vs.

)

PCB

No.

(1

)

(Enforcement)

GARY

SIMMONS,

individually,

and

)

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,)

an

Illinois

corporation,

)

Respondent.

COMPLAINT

The

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

ex

rel.

LISAMADIGAN,

Attorney

General

of

the

State

of

Illinois,

on

her

own

motion

and

at

the

request

of

the

Illinois

Environmental

Protection

Agency,

complains

of

the

Respondents,

GARY

SIMMONS,

individually,

and

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,

as

follows:

COUNT

I

POST-CLOSURE

CARE

VIOLATIONS

1.

This

Complaint

is

brought

on

behalf

of

the

People

of

the

State

of

Illinois,

by

Lisa

Madigan,

Attorney

General

of

the

State

of

Illinois,

on

her

own

motion

and

at

the

request

of

the

Illinois

Environmental

Protection

Agency

(the

“Illinois

EPA”),

pursuant

to

Section

42

of

the

Illinois

EnvironmentalProtection

Act

(the

“Act”),

415

ILCS

5/42

(2004).

2.

The

Illinois

EPA

is

an

agency

of

the

State

of

Illinois

createdpursuant

to

Section

4

of

the

Act,

415

ILCS

5/4

(2004),

and

charged,

inter

alia,

with

the

duty

of

enforcing

the

Act.

3.

The

Respondent,

GARY

SIMMONS,

is

and

was,

at

all

timesrelevant

to

this

Complaint,

the

owner

and

operator

of

a

general

municipal

refuse

landfill

hereinafter

referred

to

1

---

to

do

business

in

the

State

of

Illinois.

Its

registered

agent

is

National

Registered

Agents

Inc.,

200

West

AdamsStreet,

Chicago,

Illinois

60606.

5.

The

Respondent,

LAWRENCE

COUNTY

DISPOSALCENTRE,

INC.,

is

the

owner

and

operator

of

a

general

municipal

refuse

landfill

hereinafter

referred

to

as

the

“LawrenceCountyDisposal

facility,”

or

the

“landfill,”

which

is

located

near

Sumner,

Lawrence

County,

Illinois.

6.

The

Lawrence

County

Disposal

facility

is

a

“sanitary

landfill”

as

that

term

is

defined

in

Section

3.445

of

the

Act,

415

ILCS

5/3.445

(2004),

and

a

“waste

disposal

site”

as

that

term

is

defined

in

Section

3.540

of

the

Act,

415

ILCS

5/3.540

(2004)

and

is

a

“municipal

solid

waste

landfill”

(“MSWLF”)

as

that

term

is

defined

in

Section

3.285

of

the

Act,

415

ILCS

5/3.285

(2004).

The

Lawrence

County

Disposal

facility

consists

of

approximately

27

acres

and

has

been

designated

by

the

Illinois

EPA

as

site

number

1018020002.

7.

The

Lawrence

County

Disposal

facility

ceased

operations

pursuant

to

an

Order

entered

January

12,

1994,

in

People

of

the

State

of

Illinois

v.

Gary

Simmons

and

Lawrence

County

Disposal

Centre,

Inc.,

Lawrence

County

Circuit

Court

No.

93

CH

12.

This

prior

enforcement

case

involved

operational

violations

atthe

Lawrence

CountyDisposal

facility.

8.

The

Illinois

EPA

certified

the

closure

of

theLawrence

County

Disposal

facility

on

May

17,

1999,

and

issued

Supplemental

Permit

No.

1997-033-LFM

to

the

Respondents,

regarding

the

post-closure

care

of

the

facility;

the

permit

noted

that

the

thirty

year

post-closure

care

period

began

October

1,

1998.

2

---

Val

inspected

the

Lawrence

County

Disposal

facility

to

determine

compliance

with

the

permit

obligations

and

post-closure

care

plan.

The

inspector

observed

inadequate

fencing,

gates,

or

other

measures

to

control

access

to

site.

The

inspector

also

observed

erosionproblems

on

all

slopes

of

the

landfill

and

several

areas

of

failed

vegetation.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

and

unlocked

monitoring

wells.

11.

On

May

10,

2002,

and

November

8,

2002,

Am-Val

inspected

the

Lawrence

CountyDisposal

facility

to

determine

compliance

with

the

permit

obligationsand

post-closure

care

plan.

The

inspectorobserved

inadequate

fencing,

gates,

or

other

measures

to

control

access

to

site.

The

inspector

also

observed

erosion

problems

on

all

slopes

of

the

landfill

and

several

areas

of

failed

vegetation.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

and

unlocked

monitoring

wells.

12.

On

February

20,

2003,

Am-Val

inspected

theLawrence

CountyDisposal

facility

to

determine

compliance

with

the

permit

obligations

and

post-closure

care

plan.

The

inspector

observed

inadequate

fencing,

gates,

or

other

measures

to

control

access

to

site.

The

inspector

also

observed

erosion

problems

on

all

slopes

of

the

landfill

and

several

areas

of

failed

vegetation;

however,

the

previously

documentedexposed

refuse

uncovered

by

erosion

could

not

be

observed

on

the

northeast

slope

of

the

Lawrence

County

Disposal

facility

on

February

20,

2003,

because

of

snow

cover.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

andunlocked

monitoring

wells.

3

---

several

areas

of

failed

vegetation;

exposed

refuse

uncovered

by

erosionwas

also

observed

on

the

northeast

slope

of

the

Lawrence

County

Disposal

facility.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

and

unlocked

monitoring

wells.

14.

On

May

11,2004,

and

November

9,

2004,

Am-Val

inspected

the

Lawrence

County

Disposal

facilityto

determine

compliance

with

the

permit

obligations

and

post-closure

care

plan.

The

inspector

observed

inadequate

fencing,

gates,

or

other

measures

to

control

access

to

site.

The

inspector

also

observed

erosion

problems

on

all

slopes

of

the

landfill

and

several

areas

of

failed

vegetation;

exposed

refuse

uncovered

by

erosion

was

also

observed

on

the

northeast

slope

of

theLawrence

County

Disposal

facility.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

and

unlocked

monitoring

wells.

15.

On

January

6,

2005,

and

May

11,

2005,

and

September

8,

2005,

Am-Val

inspected

the

Lawrence

County

Disposal

facility

to

determine

compliance

with

the

permit

obligations

and

post-closure

care

plan.

The

inspector

observed

inadequate

fencing,

gates,

or

other

measures

to

control

access

to

site.

The

inspector

also

observed

erosion

problems

on

all

slopes

of

the

landfill

and

several

areas

of

failed

vegetation;

exposed

refuse

uncovered

by

erosion

was

also

observed

on

the

northeast

slope

of

the

Lawrence

CountyDisposal

facility.

Landfill

gas

vapors

with

a

strong

methane

odor

were

observed

being

emitted

from

the

unmarked

and

unlocked

monitoring

wells.

16.

Section

21

of

the

Act,

415

ILCS

5/21

(2004),

provides,

in

thepertinent

part,

as

follows:

4

---

inspection

of

facilities

as

may

be

necessary

to

assure

compliance

with

the

Act

and

with

regulations

and

standards

adoptedthereunder;

or

(2)

In

violation

of

any

regulations

or

standards

adopted

by

the

Board

under

this

Act;

*

**

17.

Section

22.17

of

the

Act,

415

ILCS

5/22.17

(2004),

provides,

in

the

pertinent

part,

as

follows:

(a)

The

owner

and

operator

of

a

sanitary

landfill

site

.

.

.

shall

monitor

gas,

water

and

settling

atthe

completed

site

for

aperiod

of

15

years

afterthe

site

is

completed

or

closed.

.

*

**

(b)

The

owner

and

operator

of

a

sanitary

landfill

site.

.

.

shall

take

whatever

remedialaction

is

necessary

to

abate

any

gas,

water

or

settling

problems

which

appear

during

such

period

of

time

specified

in

subsection

(a).

.

18.

Section

811.107(e)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.107(e),

provides

as

follows:

*

*

*

e)

Maintenance.

The

operator

must

maintain

and

operate

all

systems

and

related

appurtenances

and

structures

in

a

manner

that

facilitates

proper

operations

in

compliance

with

this

Part.

*

*

*

19.

Section

811.109(a)

and

(b)

of

the

Pollution

Control

Board’s

LandPollution

Regulations,

35111.

Adm.

Code

811.109(a)

and

(b),

provides

as

follows:

5

---

20.

Section811.111(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.111(c),

provides

as

follows:

*

*

*

c)

Maintenance

and

Inspection

of

the

Final

Cover

and

Vegetation:

1)

Frequency

of

Inspections:

A)

The

operator

shall

conduct

a

quarterlyinspection

of

all

vegetatedsurfaces

for

a

minimum

of

five

years

after

closure,

and

after

five

years,

the

operator

may

reduce

the

frequency

of

annual

inspections

until

settling

hasstopped

and

thereare

no

eroded

or

scoured

areas.

*

*

*

21.

Section

811.112(c),

(e),

(f),

and

(g)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

Ill.

Adm.

Code

811.112(c),

(e),

(f),

and

(g),

provides

as

follows:

The

owner

or

operator

of

aMSWLF[Municipal

Solid

Waste

Land

Fill]

unit

shall

record

and

retain

near

the

facility

in

an

operating

record

or

in

some

alternative

location

specified

by

the

Agency,

the

information

submitted

to

the

Agency

pursuant

to

35

III.

Adm.

Code

812

and

813,

as

it

becomes

available.

At

a

minimum,

theoperating

record

shall

contain

the

following

information,

even

if

such

information

is

not

required

by

35

III.

Adm.

Code

812or

813;

*

*

*

c)

Gas

monitoring

results

and

any

remediationplansrequired

by

Sections

811.310

and

811.311;

*

*

*

e)

Any

demonstration,

certification,monitoring

results,

testing,

or

analytical

data

relating

to

the

groundwater

monitoring

program

required

by

Sections

811.319,811.324,811.325,

and

811.326

and

35111.

Adm.

Code812.317,

813.501

and

813.502;

6

---

Pollution

Regulations,

35111.

Adm.

Code811.310(a),

(b),

(c),

and

(d)

provides

as

follows:

a)

This

Section

applies

to

all

units

that

dispose

putrescible

wastes.

b)

Location

and

Design

of

Monitoring

Wells.

1)

Gas

monitoring

devices

must

be

placed

at

intervals

and

elevations

within

the

waste

to

provide

a

representative

sampling

of

the

composition

and

buildup

of

gases

within

the

unit.

2)

Gas

monitoring

devices

must

be

placedaround

the

unit

at

locations

and

elevations

capable

of

detecting

migrating

gas

from

the

ground

surface

to

the

lowest

elevation

of

the

linear

system

or

the

top

elevation

of

the

groundwater,

whichever

is

higher.

3)

A

predictive

gas

flow

model

may

be

utilized

to

determine

the

optimum

placement

of

monitoring

points

required

for

making

observations

and

tracing

the

movement

of

gas.

4)

Gas

monitoring

devices

must

be

constructed

from

materials

that

will

not

react

with

or

be

corroded

by

the

landfill

gas.

5)

Gas

monitoring

devices

must

be

designed

and

constructed

to

measurepressure

and

allow

collection

of

a

representative

sample

of

gas.

6)

Gas

monitoring

devices

must

be

constructed

and

maintained

to

minimize

gas

leakage.

7)

The

gas

monitoring

system

must

not

interfere

with

the

operation

of

the

liner,

leachate

collection

system,

or

delay

the

construction

of

the

final

cover

system.

8)

At

leastthree

ambient

air

monitoring

locations

must

be

chosen

and

samples

must

be

taken

no

higher

than

0.025

meter

(1

inch)

above

ground

and

30.49

m

(100

feet)

downward

from

the

edge

of

the

unit

or

at

thepropertyboundary,

whichever

is

closer

to

the

unit.

c)

Monitoring

Frequency.

7

---

intervals

upon

the

installation

and

operation

of

a

gas

collection

system

equipped

with

a

mechanical

device

such

as

a

compressor

to

withdraw

gas.

4)

Monitoring

must

be

continued

for

a

minimum

period

of:

thirty

years

afterclosure

at

MSWLF

units,

except

as

otherwise

provided

by

subsections

(c)(5)

and

(c)(6)of

this

Section;

five

years

after

closure

at

Landfills,

other

than

MSWLF

units,

which

are

used

exclusively

for

disposing

of

wastes

generated

at

the

site;

orfifteen

years

afterclosure

at

all

other

landfills

regulated

under

this

Part.

Monitoring,

beyond

the

minimum

periodmay

be

discontinued

if

the

following

conditions

have

been

met

at

least

one

year:

A)

The

concentration

of

methane

is

less

than

five

percent

of

the

lower

explosive

limit

in

air

for

four

consecutive

quarters

at

all

monitoring

points

outsidethe

unit;

and

B)

Monitoring

points

within

the

unit

indicate

that

methane

is

no

longer

being

produced

in

quantities

that

would

result

in

migration

from

the

unit

and

exceed

the

standards

of

subsection

(a)(1)

of

this

Section.

5)

The

Agency

may

reduce

the

gas

monitoring

period

at

an

MSWLF

unit

upona

demonstration

by

the

owner

or

operator

that

the

reduced

period

is

sufficient

to

protect

human

health

and

environment.

6)

The

owner

or

operator

of

an

MSWLF

unit

must

petition

the

Board

for

an

adjusted

standard

in

accordance

with

Section

811.303,

if

the

owner

or

operator

seeks

a

reduction

of

the

postclosure

care

monitoring

period

for

all

of

the

following

requirements:

A)

Inspection

and

maintenance

(Section811.111);

B)

Leachate

collection

(Section

811.309);

C)

Gas

monitoring

(Section

811.310);

D)

Groundwater

monitoring

(Section811.319).

d)

Parameters

to

be

monitored.

8

---

D)

Carbon

dioxide.

2)

Ambient

air

monitors

must

be

sampled

for

methane

only

when

the

average

wind

velocity

is

less

than

eight

kilometers

(five

miles)

per

hour

at

a

minimum

of

three

downwind

locations

30.49

meters

(100

feet)

from

the

edge

of

the

unit

or

the

property

boundary,

whichever

is

closer

to

the

unit.

3)

All

buildings

within

a

facility

must

be

monitored

for

methane

by

utilizing

continuous

detection

devices

located

at

likely

points

where

methane

might

enter

the

building.

*

*

*

23.

Section

811.312(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.312(c),

provides

as

follows:

*

*

*

c)

No

gas

may

be

discharged

directly

to

the

atmosphere

unless

treated

or

burned

onsite

prior

to

discharge

in

accordance

with

a

permit

issued

by

the

Agency

pursuant

to

35

III.

Adm.

Code

200

through

245.

*

*

*

24.

Section

811.405

of

the

Pollution

Control

Board’s

LandPollution

Regulations,

35

Ill.

Adm.

Code

811.405,

provides:

The

solid

waste

management

facility

operator

shall

retain

copies

of

any

special

waste

profile

identification

sheets,

special

waste

recertifications,

certifications

of

representative

sample,

special

waste

laboratory

analyses,

special

waste

analysis

plans,

andany

waivers

of

requirements

(prohibitions,

special

wastemanagement

authorization,

and

operating

requirements)

at

the

facility

until

the

end

of

the

postclosure

care

period.

9

---

b)

The

owner

or

operator

shall

review

the

closure

and

postclosure

care

plans

prior

to

filing

a

revised

cost

estimate

in

order

to

determine

whether

they

areconsistent

with

current

operations,

and

the

requirements

of

the

Subchapter.

The

owner

or

operator

shall

either

certify

that

the

plans

are

consistent,

orshall

file

an

application

incorporating

new

plans

pursuant

to

35

III.

Adm.

Code

813.

c)

The

owner

or

operator

shall

prepare

new

closure

and

postclosure

cost

estimates

reflecting

current

prices

for

the

items

included

in

the

estimates

when

submitting

any

new

applications

for

permit

renewal.

The

owner

or

operator

shall

file

revised

estimates

even

if

the

owner

or

operator

determines

that

there

are

not

changes

in

the

prices.

d)

The

owner

or

operator

of

a

MSWLF

unit

shall

adjust

the

cost

estimates

of

closure,

postclosure,

and

corrective

action

for

inflation

on

an

annual

basis

during

the

following

time

period:

1)

The

active

life

of

the

unit

for

closure;

2)

Theactive

life

and

postclosure

care

period,

for

postclosure;

or

3)

Until

the

corrective

action

program

is

completed

in

accordance

with

Section

811.326,

for

corrective

action.

26.

By

failing

to

monitor

gas,

water,

and

settling

atthe

landfill

site,

Respondents

have

violated

Section22.17(a)

of

the

Act,

415

ILCS

5/22.17(a)

(2004).

27.

By

failing

to

take

remedial

action

necessary

to

abate

gas,

water,and

settling

problems,

Respondents

have

violated

Section22.17(b)

of

the

Act,

415

ILCS

5/22.17(b)

(2004).

28.

By

failingto

implement

adequate

measures

to

monitor

and

control

the

emission

of

landfill

gas,

the

Respondents

have

violated

Section

811.312(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

811.312(c),

and

thereby

violated

Section

21

(d)(2)

of

the

Act,

415

ILCS

5/21

(d)(2)

(2004).

10

---

A.

Authorize

that

a

hearing

be

held

in

this

matter

at

which

time

Respondents,

GARY

SIMMONS

and

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,

be

required

to

answer

the

allegations

herein;

B.

Find

that

the

Respondents,

GARY

SIMMONS

and

LAWRENCECOUNTY

DISPOSAL

CENTRE,

INC.,

have

violated

Sections

21(d)

and22.17

of

the

Act,

415

ILCS

5/21(d)

and22.17

(2004),

and

Section

811.312(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

811.312(c);

C.

Order

the

Respondents

to

cease

and

desist

from

further

vioTations

of

the

Act,

associated

regulations,and

permitconditions;

D.

Assess

against

the

Respondents,

jointly

and

severally,

a

monetary

penalty

of

up

to

fifty

thousand

dollars

($50,000)

for

each

violation

and

up

to

an

additional

ten

thousand

dollars

($10,000)

for

each

daythatthe

violation

has

continued;

E.

Grant

such

other

and

further

relief

as

the

Board

may

deem

appropriate.

COUNT

II

SITE

SECURITY

AND

MAINTENANCE

VIOLATIONS

1-17.

Complainant

realleges

and

incorporates

herein

by

reference

paragraphs

1

through

17

of

Count

I

as

paragraphs

I

through

17

of

this

Count

II.

11

---

***

19.

The

Respondenthas

failed

to

provide

a

site

chief

operator

with

prior

conduct

certification

in

order

to

provide

maintenance

andcompliance

with

the

permit

obligations

and

post-closure

care

plan.

20.

By

failing

to

providea

site

chief

operator

with

prior

conduct

certification,

the

Respondent

has

violated

Section

745.201(b)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code745.201(b).

21.

Section

811.109(a)

and

(b)

of

the

Pollution

Control

Board’s

LandPollution

Regulations,

35

III.

Adm.

Code

811.109(a)

and

(b),

provides

as

follows:

a)

Access

to

theopen

face

area

of

the

unit

and

all

other

areas

within

the

boundaries

of

the

facility

shall

be

restricted

to

preventunauthorized

entry

at

all

times.

b)

A

permanent

sign

shall

be

posted

at

the

entrance

to

the

facility

stating

thatdisposal

of

hazardous

waste

is

prohibited

.

*

*

*

22.

Section

811.111(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

811.111(c),provides

as

follows:

*

*

*

c)

Maintenance

and

Inspection

of

the

Final

Cover

and

Vegetation:

1)

Frequency

of

Inspections:

A)

The

operator

shall

conduct

a

quarterly

inspection

of

all

vegetated

surfaces

for

a

minimum

offive

years

after

closure,

and

after

five

years,

the

operator

may

reduce

the

frequency

of

annual

12

---

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

811.109(a).

24.

By

failingto

post

a

permanent

sign

at

the

entrance

to

the

facility

stating

that

disposal

of

hazardous

waste

is

prohibited,

Respondents

have

violated

Section811.109(b)

of

the

Pollution

Control

Board’s

LandPollution

Regulations,

35

III.

Adm.

Code

811.109(b).

25.

By

failing

to

conduct

quarterly

inspections

of

all

vegetated

surfaces

after

closure,

Respondents

have

violated

Section

811

.111(c)(1)(A)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.111(c)(1)(A).

26.

By

failingto

fill

rills,

gullies

and

crevices

six

inches

or

deeper

which

havebeen

identified

by

Am

Val,

Respondents

have

violated

Section

811.11

1(c)(2)

of

the

PollutionControl

Board’s

LandPollution

Regulations,

35

Ill.

Adm.

Code

811.111(c)(2).

27.

By

failing

to

revegetatethose

areas

with

failed

or

eroded

vegetation

in

excess

of

100

square

feet,

Respondents

have

violated

Section

811

.11

1(c)(5)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code811.111(c)(5).

28.

By

conducting

a

waste-storage

or

waste-disposal

operation

upon

the

site

in

violation

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

the

Respondents

have

violated

Section

21

(d)(2)

of

the

Act,

415

ILCS5/21

(d)(2)

(2004).

PRAYER

FOR

RELIEF

WHEREFORE,Complainant,

People

of

the

State

of

Illinois,

respectfully

requests

thatthe

Board:

13

---

DISPOSAL

CENTRE,

INC.,

have

violated

Section

21(d)(2)

of

the

Act,

415

ILCS

5121(d)(2)

(2004),

and

Sections

745.201(b),

811.109(a),

811.109(b),

811.111

(c)(1

)(A),

811.111

(c)(2),

and

811.111(c)(5)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

745.201(b),

811.109(a),

811.111(b),

811.111(c)(1)(A),

811.111(c)(2),and811.111(c)(5);

C.

Order

the

Respondents

to

cease

and

desist

from

further

violations

of

the

Act,

associated

regulations,and

permitconditions;

D.

Assess

against

the

Respondents,

jointly

and

severally,

a

monetary

penalty

of

up

to

fifty

thousand

dollars

($50,000)

for

each

violation

and

up

to

an

additional

ten

thousand

dollars

($10,000)

for

each

day

that

the

violation

has

continued;

E.

Grant

such

otherand

further

relief

as

the

Board

may

deem

appropriate.

COUNT

III

PERMIT

VIOLATIONS

1-17.

Complainant

realleges

and

incorporates

herein

by

reference

paragraphs

1

through

17

of

Count

I

as

paragraphs

1

through

17

of

this

Count

III.

18.

Respondents

are

bound

by

the

terms

and

conditions

of

Supplemental

Permit

No.

1997-033-LFM

which

is

attached

hereto

as

“Exhibit

A.”

19.

Supplemental

Permit

No.

1997-033-LFM

expired

on

June

30,

2001.

20.

Condition

I.

1.

c.

on

page

7

of

the

permit

provides:

1.

The

operator

of

this

solid

waste

disposal

facility

shallnot

conduct

the

operations

in

a

manner

which

results

in

any

of

the

following:

c.

failure

to

submit

reports

required

by

permits

or

Board

regulations.

14

---

andspecified

by

the

Agency

in

the

facility

permit,

and

shall

state

as

follows:

a.

All

records

required

to

be

submitted

to

the

Agency

pursuant

to

35

III.

Adm.

Code

858.207

and

858.308

have

been

timely

and

accurately

submitted;

and

b.

All

applicable

fees

required

by

the

Act

have

been

paid

in

full.

22.

Condition

I.

5.

on

page

7

of

the

permit

provides:

5..

Access

to

the

facility

shall

be

controlled

by

use

of

fences,

gates

and

natural

barriers

to

preventunauthorized

entry

at

all

times.

23.

Condition

I.

6.

on

page

7

of

the

permit

provides:

6.

A

sign

shall

be

maintained

atthe

facility

entrance

containing

the

applicable

information

required

under

35111.

Adm.

Code

811.109(b).

24.

Condition

III.

1.

on

page

8

of

the

permit

provides:

1.

Theannual

certification

shallbe

submitted

to

the

Illinois

EPA

during

the

entire

postclosure

monitoring

period.

The

certification

shall

be

signed

by

the

operator

or

duly

authorized

agent

and

shall

be

filed

each

year

by

May

1St

the

following

year.

25.

Condition

III.

3.

on

page

9

of

the

permit

provides:

3.

All

groundwater

monitoring

data

shall

be

submitted

to

the

Illinois

EPA

on

a

quarterly

basis

in

accordance

with

the

schedule

in

Special

Condition

XI.

11.

of

the

water

monitoring

program

of

this

permit

pursuant

to

35

III.

Adm.

Code

813.502.

26.

Condition

IV.

on

pages

9

and

10

of

the

permit

provides:

1.

Information

developed

by

the

operator,

butnot

yet

forwarded

to

the

Illinois

EPA

in

a

quarterly

or

annual

report

shall

be

kept

at

or

near

the

facility

for

inspection

by

the

Illinois

EPA

upon

request.

2.

A

daily

summary

report

shall

be

prepared

by

the

CQA

officer,

or

under

the

direct

supervision

of

the

CQA

officer

in

accordance

with

35

III.

15

---

the

site

operator.

4.

The

owner

or

operator

shall

record

and

retain

near

the

facility

in

an

operating

record

or

in

some

alternative

location

specified

by

the

Illinois

EPA,

the

information

submitted

to

the

Illinois

EPA

pursuant

to

35

III.

Adm.

Code

812

and

813,

as

it

becomes

available.

The

operating

record

for

this

facility

shall

be

retained

at

thesite

engineer’s

office

at

Lamac

Engineering

Co.

In

Mt.

Carmel,

Illinois.

At

a

minimum,

theoperating

record

shall

contain

the

following

information,

even

if

such

information

is

not

required

by

35

III.

Adm.

Code

812

or

813:

a.

Any

location

restriction

demonstration

required

by

Section

811.302(e)

and

35111.

Adm.

Code

812.109,

812.110,

812.303,

and

812.305.

b.

Gas

monitoring

results

andanyremediationplans

required

by

Sections

811.310and

811.311.

c.

Any

MSWLF

unit

design

documentation

for

placement

of

leachate

or

gascondensate

in

a

MSWLF

unit

required

by

Section

811.107(m).

d.

Any

demonstration,

certification,

monitoring

results,

testing,

or

analytical

data

relating

to

the

groundwater

monitoring

program

required

by

Sections

811.319,

811.324,

811.325,

811.326,

812.317,

813.501

and813.502.

e.

Post-closure

care

plans

andany

monitoring,

testing

or

analytical

data

required

by

Sections

811.110,

811.111,

812.114(h),

812.115

and812.313;and

f.

Any

cost

estimates

and

financial

assurance

documentation

required

by

Subpart

G

of

35

III.

Adm.

Code

Part

811.

27.

Condition

V.

7.

on

page

11

of

the

permit

provides:

7.

The

results

from

gas

monitoring

for

each

year,

ending

December

31,

shall

be

submitted

to

the

Illinois

EPA

in

theannual

report

required

by

35

III.

Adm.

Code

813.501

as

specified

in

Special

Condition

111.2

under

Reporting(above).

16

---

3.

The

operator

shall

revise

the

current

cost

estimate

for

post-

closure

care

in

each

new

application

for

permit

renewal

or

where

a

facility

modification

results

in

an

increase

of

the

cost

estimate.

The

operator

shall

either

certify

thatthe

plans

areconsistent

with

currentoperations

or

shall

file

an

applicationincorporating

new

plans

pursuant

to

35

Ill.

Adm.

Code,

Part

813.

The

owner

or

operator

shall

adjust

the

cost

estimate

of

post-closurecare

on

anannual

basis

during

the

design

period.

The

owner

or

operator

shall

providefinancial

assurance

to

the

Illinois

EPA

utilizing

one

or

more

of

the

mechanisms

listed

in

35

III.

Adm.

Code

811.706(a).

The

owner

or

operator

shallprovide

continuous

coverage

until

theowner

or

operator

is

released

from

the

financial

assurance

requirementspursuant

to

35

III.

Adm.

Code813.403(b)

or

35

III.

Adm.

Code

811.326.

30.

Condition

Xl.

9.

on

page

16

of

the

permit

provides:

9.

Background

groundwater

quality

shall

be

determined

using

upgradient

well

G121.

Background

shall

be

established

for

pH

and

all

chemical

parameters

in

List

Gi

and

G2.

The

backgroundvalues

for

all

constituents,

listed

in

Gi

and

G2

shall

be

calculated

usinga

minimum

of

four

(4)

consecutive

quarters

of

groundwater

monitoring

data

and

employing

the

statistical

method

described

in

Section

3.6.3

Background

Monitoring.

All

background

values

shall

be

submitted

to

the

Illinois

EPA

in

a

significant

permit

modificationno

later

than

November

15,

1998.

To

date,

the

operator

of

this

facility

has

not

complied

with

Special

Condition

Xl.9

of

Modification

No.

1

to

Permit

No.

1997-033-LFM,

dated

August

27,

1998.

Issuance

of

this

revised

permit

does

not

relieve

the

operator

of

violations

incurred

due

to

non-compliance

with

previous

permit

conditions.

31.

Condition

Xl.

11.

on

page

22

of

the

permit

provides:

11.

The

approved

monitoring

program,

shall

begin

during

the

July

August

1997

sampling

event

and

continue

for

at

least

thirty(30)

years

afterclosure

and

shall

not

cease

until

the

conditions

described

in

35

lAO,

811.31

9(a)(1)(C)

have

been

achieved.

The

operator

shall

collect

17

---

October

or

November

List

Gi

January

15

32.

Condition

Xl.

13.

on

page

23

of

the

permitprovides:

13.

Pursuant

to

35

IAC

811.31

9(a)(4)(A),

any

of

the

following

events

shall

constitute

an

observed

increase

only

if

the

concentration

of

the

constituents

monitored

can

be

measured

at

or

above

the

practical

quantitation

limit

(PQL):

a.

The

concentration

of

anyquarterly

indicator

parameter

given

in

List

Gi

shows

a

progressive

increase

over

four

(4)

quarters.

b.

The

concentration

of

any

constituent

given

in

List

Gi

or

G2

exceeds

the

Class

I

groundwater

quality

standards

listed

in

35

IAC

620

Subpart

D,

or

theGroundwater

Standards

as

provided

in

35

IAC

814.402(b)(3)

at

an

established

monitoring

point.

c.

The

concentration

of

any

organic

constituent

in

List

G2

monitored

in

accordance

with

Condition

11

of

this

Section

exceeds

the

preceding

measured

concentration

at

any

established

point.

d.

The

concentration

of

any

constituent

in

List

GI

or

G2

exceeds

its

backgroundconcentration.

33.

Condition

Xl.

17.

on

page

24

of

the

permitprovides:

17.

Annually,

the

operator

shall

prepare

an

evaluation

of

the

groundwater

flow

direction

and

the

hydraulic

gradients

at

the

facility

using

the

groundwater

surface

elevations

(Storet

#71

993)

determined

for

each

monitoring

event.

This

assessment

shall

be

submitted

with

the

monitoring

results

due

on

July

15.

34.

By

failing

to

submit

reports

required

by

Permit

No.

1997-033-LF

and

Board

Regulations,

Respondents

have

violated

Condition

I.

1.

c.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5/21(d)(1)

(2004).

18

---

36.

By

failing

to

post

a

sign

at

the

entrance

to

the

landfill

that

provides

notice

as

required

by

35111.

Adm.

Code

811.109(b),

Respondents

have

violated

Condition

1.6.of

Permit

No.

I

997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

37.

By

failingto

submit

to

the

Illinois

EPA

byMay

1st

of

each

year

an

annual

certification

signed

by

the

operator

or

a

duly

authorized

agent

as

required

by

Condition

III.

1.,

Respondents

have

violated

Condition

III.

1.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21

(d)(1)of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

38.

By

failing

to

submit

to

the

Illinois

EPA

by

May

of

each

year

an

annual

report

for

each

calendar

year

pursuant

to

35

III.

Adm.

Code

813.504

as

required

by

Condition

III.

2.,

Respondents

have

violated

Condition

III.

2.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

39.

By

failing

to

submit

to

the

Illinois

EPA

on

a

quarterly

basis

all

groundwater

monitoring

data

as

required

by

Condition

III.

3.

and

in

accordance

with

the

schedule

in

Special

Condition

Xl.

11.

of

the

water

monitoring

program

of

this

permit

pursuant

to

35

III.

Adm.

Code

813.502,

Respondents

have

violated

Condition

III.

3.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21(d)(1)of

the

Act,

415

ILCS

5/21(d)(1)

(2004).

40.

By

failing

to

keep

operating

records

required

by

35

III.

Adm.

Code

812

and

813

available

at

the

site

engineer’s

office

at

Lamac

Engineering

Co.,

in

Mt.

Carmel,

Illinois

as

required

by

Condition

IV.

4.,

Respondents

have

violated

Condition

IV.

4.

of

Permit

No.

1997-

033-LF

andhave

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5/21(d)(1)

(2004).

19

---

No.

1

997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS5/21

(d)(1)

(2004).

42.

By

failing

to

file

an

application

to

renew

Permit

No.

1997-033-LF

which

expired

on

June

30,

2001,

Respondents

have

violated

Condition

IX.

1.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

43.

By

failing

to

file

an

application

to

renew

Permit

No.

1997-033-LF

which

expired

on

June

30,

2001,

Respondents

have

also

failed

to

revise

the

current

cost

estimates

for

post-

closure

care

as

required

by

Condition

IX.

3.,

Respondents

have

violated

Condition

IX.

3.

of

Permit

No.

1

997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS5/21

(d)(1)

(2004).

44.

By

failing

to

determine

background

groundwater

quality

as

required

by

Condition

XI.

9.,

and

by

failing

to

submit

to

the

Illinois

EPA

the

groundwater

monitoring

data

as

required

by

Condition

Xl.

9.,

Respondents

have

violated

Condition

XI.

9.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

45.

By

failing

to

collect

groundwater

samples

on

a

quarterly

basis

each

year

as

required

by

Condition

XI.

11.,

and

by

failing

to

submit

to

the

Illinois

EPA

the

groundwater

monitoring

data

as

required

by

Condition

XI.

11.,

Respondents

have

violated

Condition

XI.

11.

of

Permit

No.

1997-033-LF

andhave

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5/21(d)(1)

(2004).

46.

By

failing

to

annually

prepare

an

evaluation

of

the

groundwater

flow

direction

and

the

hydraulic

gradients

at

the

facility

using

the

groundwater

surface

elevations

and

by

failing

to

20

---

violation

of

the

permit,

the

Respondent

has

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5/21(d)(1)

(2004).

PRAYER

FOR

RELIEF

WHEREFORE,

Complainant,

People

of

the

State

of

Illinois,

respectfully

requests

that

the

Board:

A.

Authorize

that

a

hearing

be

held

in

this

matter

at

which

time

Respondents,

GARY

SIMMONS

and

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,

be

required

to

answer

the

allegations

herein;

B.

Find

that

the

Respondents,

GARY

SIMMONS

and

LAWRENCE

COUNTY

DISPOSAL

CENTRE,

INC.,

have

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5/21(d)(1)

(2004);

C.

Order

the

Respondents

to

cease

and

desist

from

further

violations

of

the

Act,

associated

regulations,

and

permit

conditions;

D.

Assess

against

the

Respondents,

jointly

and

severally,

a

monetary

penalty

of

up

to

fifty

thousand

dollars

($50,000)

for

each

violation

and

upto

anadditional

ten

thousand

dollars

($10,000)

for

each

day

thatthe

violation

has

continued;

E.

Grant

such

other

andfurther

relief

as

the

Board

may

deem

appropriate.

COUNT

IV

GROUNDWATER

MONITORING

VIOLATIONS

21

---

No

person

shall:

*

*

*

(d)

Conduct

any

waste-storage,

waste-treatment,

or

waste-disposal

operation:

(1)

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

andthe

inspection

of

facilities

as

may

be

necessary

to

assure

compliance

with

the

Act

and

with

regulations

and

standards

adoptedthereunder;

or

(2)

In

violation

of

any

regulations

or

standards

adopted

by

the

Board

under

this

Act;

*

*

*

17.

Section

22.17

of

the

Act,

415

ILCS

5/22.17

(2004),

provides,

in

thepertinent

part,

as

follows:

(a)

The

ownerand

operator

of

a

sanitary

landfill

site

.

.

.

shall

monitor

gas,

water

and

settling

at

the

completed

site

for

a

period

of

15

years

after

the

site

is

completed

or

closed.

.

**

*

(b)

The

ownerand

operator

of

a

sanitary

landfill

site.

.

.

shall

take

whatever

remedial

action

is

necessary

to

abate

any

gas,

water

orsettling

problems

which

appear

during

such

period

of

time

specified

in

subsection

(a).

.

.

18.

Section

811.318(a)

and

(e)

of

the

PollutionControl

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.318(a)

and

(e),

provides:

22

---

screen

depths.

*

*

*

e)

Standards

for

Sample

Collection

and

Analysis

1)

The

groundwater

monitoring

program

shall

include

consistent

sampling

and

analysis

procedures

to

assure

that

monitoring

results

can

be

relied

upon

to

provide

data

representative

of

groundwater

quality

in

the

zone

being

monitored.

2)

The

operator

shall

utilize

procedures

and

techniques

to

insure

that

collected

samples

are

representative

of

the

zone

beingmonitored

and

thatprevent

cross

contamination

of

samples

from

other

monitoring

wells

of

from

other

samples.

At

least

95

percent

of

a

collected

sample

shall

consist

of

groundwater

from

the

zone

being

monitored.

3)

The

operator

shall

establish

a

quality

assurance

program

that

provides

quantitive

detection

limits

andthe

degree

of

error

for

analysis

of

each

chemical

constituent.

4)

The

operator

shall

establish

a

sample

preservation

and

shipment

procedure

that

maintains

the

reliability

of

the

sample

collected

for

analysis.

5)

The

operator

shall

institute

a

chain

of

custody

procedure

to

prevent

tampering

andcontamination

of

the

collected

samples

prior

to

completion

of

analysis.

6)

At

a

minimum,

the

operator

shall

sample

the

following

parameters

at

all

wells

atthe

time

of

sample

collection

and

immediately

before

filtering

andpreserving

samples

for

shipment:

A)

Theelevation

of

the

water

table

B)

The

depth

of

the

well

below

ground

C)

pH

D)

The

temperature

of

the

sample

23

---

I)

Measure

the

groundwater

elevations

in

each

well

immediately

prior

to

purging;

and

ii)

Determine

the

rate

and

direction

of

groundwater

flow.

B)

An

owner

or

operator

shall

measure

groundwater

elevations

in

wellswhich

monitor

the

same

wastemanagement

area

within

aperiod

of

time

short

enough

to

avoid

temporal

variations

in

groundwater

flow

which

could

preclude

accurate

determination

of

groundwater

flow

rate

and

direction.

19.

Section

811.319(a)(1)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

Ill.

Adm.

Code811.319(a)(1),

provides:

a)

Detection

Monitoring

Program.

Any

use

of

the

term

maximum

allowable

predicted

concentration

in

this

Section

is

a

reference

to

Section

811.318(c).

The

operator

shall

implement

a

detection

monitoring

program

in

accordance

with

the

following

requirements:

1)

Monitoring

Schedule

and

Frequency.

A)

The

monitoring

period

shall

begin

as

soon

as

waste

is

placed

into

the

unit

of

a

new

landfill

or

within

one

year

of

the

effective

date

of

this

Part

for

an

existing

landfill.

Monitoring

shall

continue

for

a

minimum

period

of

fifteen

years

after

closure,

or

in

the

case

of

MSWLF

units,

a

minimum

period

of

30

years

after

closure,

except

as

otherwise

provided

by

subsection

(a)(1

)(C)

of

this

Section.

The

operator

shall

sample

all

monitoring

points

for

all

potential

sources

on

contamination

on

a

quarterly

basis

except

as

specified

in

subsection

(a)(3),

for

aperiod

of

five

years

from

the

date

of

issuance

of

the

initial

permit

for

significant

modification

under

35

III.

Adm.

Code

814.104

or

a

permit

for

a

new

unit

pursuant

to

35

III.

Adm.

Code

813.104.

After

the

initial

five-year

period,

the

sampling

frequency

for

each

monitoring

pointshall

be

reduced

to

a

semi-annual

basis,

provided

the

operatorhas

submitted

the

certification

described

in

35

Ill.

Adm.

Code

813.304(b).

Alternatively,

after

the

initial

five-year

period,

the

24

---

zone

on

attenuation

isabove

the

maximum

allowable

predicted

concentration

for

that

constituent

or,

for

existing

landfills,

subject

to

35

III.

Adm.

Code

814,

Subpart

D,

that

the

concentration

of

any

constituent

has

exceeded

the

applicable

standard

at

the

compliance

boundary

as

defined

in

35

III.

Adm.

Code

81

4.402(b)(3).

20.

Section

811

.320(d)(1)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.320(d)(1),

provides:

d)

Establishment

of

Background

Concentrations

1)

The

initial

monitoring

to

determine

background

concentrations

shall

commence

during

the

hydrogeological

assessment

required

by

Section

811.315.

The

background

concentrations

for

those

parameters

identified

in

Sections

811.315(e)(1)(G)

and

811.319(a)(2)

and

(a)(3)

shall

be

established

based

on

quarterly

sampling

of

wells

for

one

year,

monitored

in

accordance

with

the

requirements

of

subsections

(d)(2),

(d)(3)

and

(d)(4),

which

may

be

adjusted

during

the

operation

of

a

facility.

Statistical

tests

and

procedures

shall

beemployed,

in

accordance

with

subsection

(e),

depending

on

the

number,

type

and

frequency

of

samples

collected

from

the

wells,

to

establish

the

background

concentrations.

Adjustments

to

the

background

concentrations

shall

be

made

only

if

changes

in

the

concentrations

of

constituents

observed

in

upgradient

wells

over

time

are

determined,

in

accordance

with

subsection

(e),

to

be

statistically

significant.

Background

concentrations

determined

in

accordance

with

this

subsection

shall

be

used

for

the

purposes

of

establishing

groundwater

quality

standards,

in

accordance

with

this

subsection.

The

operator

shall

maintain

such

a

list

at

the

facility,

shall

submit

a

copy

of

the

list

to

theAgency

for

establishing

standards

in

accordance

with

subsection

(a),

and

shall

provide

updates

to

the

list

within

ten

days

of

any

change

to

the

list.

*

*

*

21.

Section

813.502(a)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

Ill.

Adm.

Code

813.

502(a),

provides:

25

---

3.

All

groundwater

monitoring

data

shall

be

submitted

to

the

Illinois

EPA

ona

quarterly

basis

in

accordance

with

the

schedule

in

Special

Condition

XI.

11.

of

the

water

monitoring

program

of

this

permit

pursuant

to

35

Ill.

Adm.

Code

813.502.

23.

Condition

XI.

9.

on

page

16

of

the

permit

provides:

9.

Background

groundwater

quality

shall

be

determined

using

upgradient

well

G121.

Background

shall

be

established

for

pH

and

all

chemical

parameters

in

List

G1

and

G2.

The

background

values

for

all

constituents,

listed

in

G1

and

G2

shall

be

calculated

using

a

minimum

of

four

(4)

consecutive

quarters

of

groundwater

monitoring

data

and

employing

the

statistical

method

described

in

Section3.6.3

Background

Monitoring.

All

background

values

shall

be

submitted

to

the

Illinois

EPA

in

a

significant

permit

modification

no

later

than

November

15,

1998.

To

date,

the

operator

of

this

facility

has

not

complied

with

Special

Condition

Xl.9

ofModification

No.

Ito

Permit

No.

1997-033-LFM,

dated

August

27,

1998.

Issuance

of

this

revised

permit

does

not

relieve

the

operator

of

violationsincurred

due

to

non-compliance

with

previous

permit

conditions.

24.

Condition

Xl.

11.

on

page

22

of

the

permit

provides:

11.

The

approved

monitoring

program,

shall

begin

during

the

July-

August

1997

sampling

event

andcontinue

for

at

least

thirty

(30)

years

after

closure

and

shallnot

cease

until

the

conditions

described

in

35

IAC,

811.31

9(a)(1

)(C)

have

been

achieved.

The

operator

shall

collect

samples

from

all

of

the

monitoring

points

listed

in

Special

Condition

XI.10

and

report

the

analytical

results

to

the

Illinois

EPA

in

accordance

with

the

following

schedule:

Sampling

Period

Parameter

List

Report

Due

Date

26

---

groundwater

flow

direction

andthe

hydraulic

gradients

at

the

facility

using

the

groundwater

surface

elevations

(Storet

#71993)

determined

for

each

V

monitoring

event.

This

assessment

shall

be

submitted

with

the

monitoring

results

due

on

July

15.

26.

By

failing

to

determine

background

concentrations

for

those

constituent

parameters

identified

in

Sections

811.315(e)(1)(G)

and

811.319(a)(2)

and

(a)(3)

to

establish

background

groundwater

quality,

Respondents

have

violated

Section

811

.320(d)(1)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code811.320(d)(1)

and

Section

21(d)(2)

of

the

Act,

415

ILCS

5/21(d)(2)

(2004).

27.

By

failing

to

perform

quarterly

groundwater

monitoring

during

any

time

during

calendar

years

1999,

2000,2001,

2002,

2003,2004,

and

2005,

Respondents

have

violated

Section

811.319(a)(1)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code

811.319

(a)(1)

and

have

violated

Section

21(d)(2)

of

the

Act,

415

ILCS

5/21(d)(2)

(2004).

28.

By

failing

to

submit

all

groundwater

monitoring

datapursuant

to

Section

811.319(a)

of

the

PollutionControl

Board’s

LandPollution

Regulations

and

pursuant

to

the

permit,

Respondents

have

violated

Section

81

3.502(a)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

Ill.

Adm.

Code

813.502(a)

and

have

violated

Section

21(d)(2)

of

the

Act,

415

ILCS

5/21(d)(2)

(2004).

29.

By

failing

to

monitor

groundwater

at

the

facility,

Respondents

have

violated

Section

22.17(a)

of

the

Act,

415

ILCS

5/22.17(a)

(2004).

27

---

violated

Section

21(d)(1)

of

the

Act,

415

ILCS

5121(d)(1)

(2004).

31.

By

failingto

determine

background

groundwater

quality

as

required

by

Condition

Xl.

9.,

and

by

failing

to

submit

to

the

Illinois

EPA

the

groundwater

monitoring

data

as

required

by

Condition

Xl.

9.,

Respondents

have

violated

Condition

Xl.

9.

of

Permit

No.

1997-033-LF

and

have

violated

Section

21

(d)(1)of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

32.

By

failingto

collect

groundwater

samples

on

a

quarterly

basiseach

year

as

required

by

Condition

Xl.

11.,

and

by

failing

to

submit

to

the

Illinois

EPA

the

groundwater

monitoring

data

as

required

by

Condition

Xl.

11.,

Respondents

have

violated

Condition

Xl.

11.

of

Permit

No.

1

997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS

5/21

(d)(1)

(2004).

33.

By

failing

to

annually

prepare

anevaluation

of

the

groundwater

flow

direction

and

the

hydraulic

gradients

at

the

facility

using

the

groundwater

surface

elevations

and

by

failing

to

report

this

information

to

the

Illinois

EPA

by

July

15

th

of

eachyear

as

required

by

Condition

Xl.

17.

of

the

permit,

Respondents

have

violated

Condition

XI.

17.

of

Permit

No.

1

997-033-LF

and

have

violated

Section

21

(d)(1)

of

the

Act,

415

ILCS5/21

(d)(1)

(2004).

PRAYER

FOR

RELIEF

WHEREFORE,Complainant,

People

of

the

State

of

Illinois,

respectfully

requests

that

the

Board:

28

---

DISPOSAL

CENTRE,

INC.,

have

violated

Sections

21(d)(1),21(d)(2),

and22.17(a)

of

the

Act,

415

ILCS

5121(d)(1),

21(d)(2),

and

22.17(a)

(2004),

and

Sections

811.319(a)(1),

811.320(d)(1),

and

813.502(a)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35111.

Adm.

Code

811.319(a)(1),

811.320(d)(1),and

813.502(a);

C.

Order

the

Respondents

to

cease

and

desist

from

further

violations

of

the

Act,

associated

regulations,

and

permit

conditions;

D.

Assess

against

the

Respondents,

jointly

and

severally,

a

monetary

penalty

of

up

to

fifty

thousand

dollars($50,000)

for

each

violation

and

upto

an

additional

ten

thousand

dollars

($10,000)

for

each

day

that

the

violation

has

continued;

E.

Grant

such

other

andfurther

relief

as

the

Board

may

deem

appropriate.

COUNTV

GAS

MONITORINGVIOLATIONS

1-15.

Complainant

realleges

and

incorporates

herein

by

reference

paragraphs

1

through

15

of

Count

I

as

paragraphs

1

through

15

of

this

Count

V.

16.

Section

21

of

the

Act,

415

ILCS

5/21

(2004),

provides,

in

the

pertinent

part,

as

follows:

No

person

shall:

***

(d)

Conduct

any

waste-storage,

waste-treatment,

or

waste-disposal

operation:

29

---

Board

under

this

Act;

*

*

*

17.

Section

22.17

of

the

Act,

415

ILCS

5/22.17

(2004),

provides,

in

the

pertinent

part,

as

follows:

(a)

The

ownerand

operator

of

a

sanitary

landfill

site

.

.

.

shallmonitor

gas,

water

and

settling

atthe

completed

site

for

aperiod

of

15

years

after

the

site

is

completed

or

closed.

.

***

(b)

The

ownerand

operator

of

a

sanitary

landfill

site.

.

.

shall

take

whatever

remedial

action

is

necessary

to

abate

any

gas,

water

or

settling

problems

which

appear

during

such

period

of

time

specified

in

subsection

(a).

.

*

*

*

18.

Section

811.112(c)

of

the

Pollution

Control

Board’s

Land

Pollution

Regulations,

35

III.

Adm.

Code811.112(c),

provides

as

follows:

Theowner

or

operator

of

a

MSWLF

[Municipal

Solid

Waste

Land

Fill]

unit

shall

record

and

retain

near

the

facility

in

an

operating

record

or

in

some

alternative

location

specified

by

the

Agency,

the

information

submitted

to

the

Agency

pursuant

to

35

III.

Adm.

Code

812

and

813,

as

it

becomes

available.

At

a

minimum,

the

operating

record

shall

contain

the

following

information,

even

if

such

information

is

not

required

by

35

III.

Adm.

Code

812

or813;

*

*

*

c)

Gas

monitoring

results

and

anyremediation

plans

required

by

Sections

811.310

and

811.311;

*

*

*

30

---

1)

Gas

monitoring

devices

must

be

placed

at

intervals

and

elevations

within

the

waste

to

providea

representative

sampling

of

the

composition

and

buildup

of

gases

within

the

unit.

2)

Gas

monitoring

devices

must

be

placed

aroundthe

unit

at

locations

and

elevations

capable

of

detecting

migrating

gas

from

the

ground

surface

to

the

lowestelevation

of

the

linear

system

or

the

top

elevation

of

the

groundwater,

whichever

is

higher.

3)

A

predictive

gas

flow

model

may

be

utilized

to

determine

the

optimum

placement

of

monitoring

points

required

for

making

observations

and

tracing

the

movement

of

gas.

4)

Gas

monitoring

devices

must

be

constructed

from

materials

that

will

not

react

with

or

be

corroded

by

the

landfill

gas.

5)

Gas

monitoring

devices

must

be

designed

and

constructed

to

measure

pressure

and

allow

collection

of

a

representative

sample

of

gas.

6)

Gas

monitoring

devices

must

be

constructed

and

maintained

to

minimize

gas

leakage.

7)

The

gas

monitoring

system

must

not

interfere

with

the

operation

of

the

liner,

leachate

collection

system,

or

delay

theconstruction

of

the

final

cover

system.

8)

At

least

three

ambient

air

monitoring

locations

must

be

chosen

and

samples

must

be

taken

no

higher

than

0.025

meter

(1

inch)

above

ground

and30.49

m

(100

feet)

downward

from

the

edge

of

the

unit

or

at

the

propertyboundary,

whichever

is

closer

to

the

unit.

c)

Monitoring

Frequency.

1)

All

gas

monitoring

devices,

including

theambient

air

monitors

must

be

operated

to

obtain

samples

on

amonthly

basis

for

the

entire

operating

period

and

for