EPA v. TRI-COUNTY/ELGIN LANDFILLS SITE

Case summary

BECAUSE OF THE DEFERRED GROUNDWATER COMPONENT, THIS SITE MAY NOT STRICTLY QUALIFY AS A CONSTRUCTION COMNPLETION UNTIL THE GROUNDWATER COMPONENT IS EITHER CONSTRUCTED RO ELIMINATED. THE GROUNDWATER CONTAMINATION AT THE SITE WILL BE ADDRESSED BY NATURAL ATTENUATION, ONCE THE PLACEMENT OF THE LANDFILL CAP AND ACTIVE LANDFILL GAS COLLECTION SYSTEM IS COMPLETED. A SUBSEQUENT RECORD OF DECISION (ROD) AMEND- MENT WILL BE REQUIRED IN THE EVENT THAT NATURAL ATTENUATION IS ACCEPTED AND FINALLY CHOSEN AS THE FINAL TREATMENT FOR THE CONTAMINATED GROUNDWATER. THE TRI-COUNTY/ELGIN LANDFILLS ARE FUNCTIONALLY ONE CON- TIGUOUS DISPOSAL UNIT WITH SEPARATE OWNERSHIP AND OPERATING HISTORIES. THE SITE TOTALS APPROXIMATELY 66 ACRES, OF WHICH ALL BUT ABOUT 4 ACRES CONTAINS FILL MATERIAL. THE SITE ACCEPTED SOLID AND LIQUID COMMERCIAL/INDUSTRIAL WASTE FROM 1961 THROUGH 1976. ALTHOUGH SOME RECORDS OF WASTE TYPE AND QUANTITIES EXIST FOR THE TRI-COUNTY LANDFILL, LOCATION OF HAZARDOUS WASTE DISPOSA IS NOT KNOW FOR EITHER LANDFILL. IN 1984, THE U.S. EPA DETECTED VOLATILE ORGANIC COMPOUNDS (VOCS) IN GROUNDWATER MONITORING WELLS DOWNGRADIENT OF THE SITE. APPROXIMATELY, 10,000 RESIDENTS WITHIN 3 MILES OF THE SITE USE GROUNDWATER AS THEIR SOURCE OF DRINKING WATER. THE ELGIN LANDFILL CURRENTLY ACCEPTS CONSTRUCTION AND LAND- SCAPING MATERIALS. SEVERAL SMALL BUSINESSES ARE LOCATED AT THE EASTERN EDGE OF THE SITE. THERE IS SOME EVIDENCE OF RECREATIONAL ACTIVITY ON THE TRI-COUNTY LANDFILL. THERE ARE NO FENCES OR EXCLUSION BOUNDARIES SURROUNDING THE SITE, NOR ARE THERE POSTED WARNINGS TO KEEP OFF. THE WESTERN BORDER OF THE SITE IS MARKED BY THE PRAIRIE PATH WHICH IS CURRENTLY USED AS A RECREATIONAL PATH FOR WALKING, JOGGING, HORSEBACK RIDING AND BIKING. THERE ARE SEVERAL SMALL BUSINESSES ON THE EASTERN BORDER OF THE SITE. IT HAS BEEN ASSUMED THAT THE PROPERTY COULD BE USED FOR RESIDENTIAL DEVELOPMENT IN THE FUTURE. THIS POSSIBILITY SEEMS REMOTE SINCE ANY TYPE OF DEVELOPMENT ON THE SITE WOULD MOST LIKELY DISRUPT THE INTEGRITY OF THE CONTAINMENT FEATURES OF THE LANDFILL. HOWEVER, THE ALTERNATIVE OF FUTURE RESIDENTIAL DEVELOPMENT REMAINS A POSSIBILITY SINCE IT IS CONSISTENT WITH CURRENT LAND USE PATTERNS. FUTURE POPULATIONS COULD BOTH RESIDE AND WORK ON THE PROPERTY. THE U.S. EPA PLACED THE TRI-COUNTY/ELGIN LANDFILLS SITE ON THE NATIONAL PRIORITIES LIST, SET FORTH AT 40 CFR PART 300, APPENDIX B, BY PUBLICATION IN THE FEDERAL REGISTER ON MARCH 13, 1989 (54 FEDERAL REGISTER 10512). IN 1988, THE U.S EPA INITIATED A FUND-LEAD REMEDIAL INVESTIGATION (RI) AND FEASI- BILITY (FS), PURSUANT TO 40 CFR 300.430. THE U.S. EPA COMPLETED THE RI REPORT ON JULY 24, 1992, AND FS REPORT ON JULY 24, 1992. THE RI/FS STUDY FOUND LOW LEVEL GROUNDWATER CONTAMINATION OUTSIDE OF THE LANDFILL BOUNDARIES, CONTAMI- NATED SURFACE WATER AND SEDIMENT IN AN ADJACENT WETLAND, AND WIDESPREAD CONTAMINATION IN SURFACE SOILS AT THE LANDFILLS INCLUDING VOLATILE AND SEMI-VOLATILE ORGANIC COMPOUNDS, PESTICIDES, AND HEAVY METAL. PURSUANT TO SECTION 117 OF CERCLA, 42 U.S.C. 9617, THE U.S. EPA PUBLISHED NOTICE OF THE COMPLETION OF THE FS AND OF THE PROPOSED PLAN FOR REMEDIAL ACTION ON JULY 24, 1992, IN A MAJOR LOCAL NEWSPAPER OF GENERAL CIRCULATION. THE U.S. EPA PROVIDED AN OPPORTUNITY FOR WRITTEN AND ORAL COMMENTS FROM THE PUBLIC ON THE PROPOSED PLAN FOR REMEDIAL ACTION. A ROD WAS SIGNED ON SEPTEMBER 18, 1992, SELECTING AN IMPERMEABLE LANDFILL CAP WITH AN ACTIVE LANDFILL GAS COLLECTION SYSTEM AND GROUNDWATER EXTRACTION AND TREATMENT. APPROXIMATELY 3,000 CUBIC YEARS OF SEDIMENTS CONTAMINATED WITH HEAVY METALS WILL ALSO BE EXCAVATED FROM THE ADJACENT WETLAND AND CONSOLIDATED ON-SITE UNDER THE CAP. THE STATE OF ILLINOIS ENVIRONMENTAL PROTECTION AGENCY CON

Defendants (1)

• TRI-COUNTY/ELGIN LANDFILLS SITENamed in complaintNamed in settlement

Facilities (1)

• TRI-COUNTY/ELGIN LANDFILLS SITE

  1 MILE SE, ELGIN, IL, 60120

  Registry ID: 110010594160

Statutes cited

• CERCLA 122G4 — Superfund

Enforcement conclusions (1)

• TRI-COUNTY/ELGIN LANDFILLSentered 1999-06-11

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-06-11Final Order Issued
• 1999-07-13Enforcement Action Data Entered