EPA v. BRIGHTON LANDFILL

Case summary

ON SEPTEMBER 15, 1983, AND MARCH 22, 1984, REPRESENTA- TIVES OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) INSPECTED RESPONDENT'S CRAIG LAKE ROAD FACILITY TO DETERMINE COMPLIANCE WITH THE ILLINOIS ENVIRONMENTAL PROTECTION ACT, ILL. REV. STAT. 1982, CH. 111-1/2, SECTION 1001 ET SEQ., AS AMENDED, AND REGULATIONS ADOPTED BY THE ILLINOIS POLLUTION CONTROL BOARD, INCLUDING 35 ILL. ADM. CODE PART 725. DURING THESE INSPECTIONS, RESPONDENT'S CRAIG LAKE ROAD FACILITY WAS DETERMINED TO BE IN VIOLATION OF MONITORING REQUIREMENTS SET FORTH AT 35 ILL. ADM. CODE SECTION 725.191, SECTION 725.190, SECTION 725.192, SECTION 725.193 AND SECTION 725.194. SPECIFICALLY, THE FOLLOWING VIOLATIONS WERE IDENTIFIED: A. FAILURE TO ESTABLISH AN UPGRADIENT WELL CAPABLE OF MONI- TORING THE UPPERMOST AQUIFER, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 35 ILL. ADM. CODE SECTION 725.191(A) (1). B. FAILURE TO ESTABLISH DOWNGRADIENT WELLS OF APPROPRIATE DEPTH TO DETECT MIGRATION OF CONTAMINANTS, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.191(A)(2). C. FAILURE TO CONSTRUCT THE MONITOR WELLS IN A PROPER MANNER TO INSURE COLLECTION OF REPRESENTATIVE SAMPLES FROM THE APPROPRIATE AQUIFER FLOW ZONE, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.191(C). D. FAILURE TO DEVELOP AND FOLLOW A SAMPLING AND ANALYSIS PLAN, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.192. E. FAILURE TO PREPARE AN OUTLINE OF A GROUNDWATER QUALITY ASSESSMENT PROGRAM, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.193(A). F. FAILURE TO SUBMIT GROUNDWATER MONITORING ANALYSIS IN A TIMELY MANNER, AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.194(A)(2)(A). G. FAILURE TO SEPARATELY IDENTIFY IN THE LABORATORY ANALY- SIS DATED DECEMBER 31, 1982, THAT THE LEAD AND COLIFORM LEVELS IN WELL #3, AND THE NITRATE AND COLIFORM LEVELS IN WELL #9 EXCEEDED THE U.S. EPA DRINKING WATER STAN- DARDS (40 CFR 265, APPENDIX III), AS REQUIRED BY 35 ILL. ADM. CODE SECTION 725.194(A)(2)(A). IN A COMPLIANCE INQUIRY LETTER DATED NOVEMBER 28, 1983, AND IN A PREENFORCEMENT CONFERENCE LETTER DATED APRIL 24, 1984, IEPA NOTIFIED RESPONDENT OF THE VIOLATIONS OBSERVED DURING THE SEPTEMBER 15, 1983 AND MARCH 22, 1984 INSPEC- TIONS, AND IEPA INSTRUCTED THE RESPONDENT TO REMEDY SUCH VIOLATIONS. RESPONDENT FAILED TO ADEQUATELY RESPOND TO THESE LETTERS. THE PROVISIONS OF 40 CFR SECTION 270.10(E) ALLOW THE REGIONAL ADMINISTRATOR TO REQUIRE SUBMISSION OF A PART B PERMIT APPLICATION BY AN EXISTING HAZARDOUS WASTE MANAGEMENT FACILITY. THE OWNER OR OPERATOR SHALL BE ALLOWED AT LEAST SIX MONTHS FROM THE DATE OF REQUEST TO SUBMIT THIS APPLICA- TION. FAILURE TO FURNISH A REQUESTED PART B APPLICATION, OR FAILURE TO FURNISH IN FULL THE INFORMATION REQUIRED BY THE PART B APPLICATION ARE GROUNDS FOR TERMINATION OF INTERIM STATUS UNDER 40 CFR PART 124. THE PROVISIONS OF 40 CFR SECTION 124.E(D) ALLOW THE REGIONAL ADMINISTRATOR TO DENY A RCRA PERMIT AND TAKE ENFORCEMENT ACTION IF AN APPLICANT FAILS OR REFUSES TO CORRECT DEFICIENCIES IN A PERMIT APPLICATION. ON AUGUST 3, 1983, PURSUANT TO 40 CFR 270.10, U.S. EPA REQUIRED THE RESPONDENT TO SUBMIT A PART B PERMIT APPLICA- TION FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE AT THE CRAIG LAKE ROAD FACILITY. THE DUE DATE FOR THIS SUBMISSION WAS JANUARY 31, 1984. THE SUBMISSION WAS RECEIVED ON FEBRUARY 17, 1984. THE PART B PERMIT APPLICA- TION INDICATES THE CRAIG LAKE ROAD FACILITY TO BE A LAND- FILL. AS A RESULT OF DEFICIENCIES IN TH

Defendants (1)

• BRIGHTON LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• BRIGHTON LANDFILL

  CRAIG LAKE RD, BRIGHTON, IL, 62012

  Registry ID: 110007520717

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• BRIGHTON LANDFILL

  Primary law: RCRA

  Federal penalty: $15,000

Timeline (4 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Complaint Filed/Proposed Order
• 1985-10-31Compliance Achieved
• 1985-10-31Enforcement Action Closed