EPA v. WOODSTOCK MUNICIPAL LANDFILLS

Case summary

THE WOODSTOCK MUNICIPAL LANDFILL SITE (THE SITE) IS LOCATED ON THE SOUTH SIDE OF THE CITY OF WOODSTOCK (THE CITY), MCHENRY COUNTY, ILLINOIS, A MUNCIPALITY WITH A POPULATION OF APPROXIMATELY 16, 179 RESIDENTS. THE SITE IS LOCATED SOUTH OF DAVIS ROAD, SOUTHWEST OF THE INTERSECTION OF U.S. ROUTE 14 AND ILLINOIS ROUTE 47 AND IS SHOWN ON FIGURE 1. THE COORDINATES FOR THE SITE ARE NORTHEAST QUARTER OF SECITON 17 TOWNSHIP 44 NORTH, RANGE 7 EAST (NE 1/4, SE 17, T44N, R7E). THE LAND SURROUNDING THE SITE IS A MIXTURE OF RESIDENTIAL, AGRICULTURAL, WETLANDS, COMMERCIAL, AND LIGHT AGRICULTURAL. LAND USE WEST OF THE SITE IS SEMI-ARGRICULTURAL WITH MUCH OF THE LAND CURRENTLY CLASSIFIED AS A WETLAND. WETLANDS ARE ALSO LOCATED ADJACENT TO THE SITE ON THE EAST. THE KISHWAU- KEE RIVER RUNS ALONG THE SOUTHWESTERN PERIMETER OF THE SITE. THE CITY'S WASTEWATER TREATMENT PLANT AND ADDITIONAL WET- LANDS ARE LOCATED SOUTH OF THE SITE. THE LANDFILL HAD A NUMBER OF DIFFERENT OWNERS BETWEEN 1935 WHEN IT WAS FIRST USED AS A TRASH DUMP AND OPEN BURINING AREA, AND WHEN IT WAS COVERED AND CLASSIFIED AS CLOSED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) IN OCTOBER 1980. THE CURRENT OWNER OF THE LANDFILL PROPERTY IS THE CITY. BETWEEN APPROXIMATELY 1940 AND 1958, WILLIAM GAULKE OPERATED THE SITE AS A LOCAL TRASH DUMP AND OPEN BURNING AREA. BEGINNING IN 1958, THE SITE WAS USED BY THE CITY UNDER A LEASE AGREEMENT WITH MR. GAULKE AS A HOUSEHOLD GARBAGE AND MUNICIPAL LANDFILL. THE CITY PURCHASES THE PRO- PERTY IN 1968, AND COMMENCED USING IT FOR THE DISPOSAL OF HOUSEHOLD AND MUNICIPAL SOLID WASTE AND VARIOUS INDUSTRIAL SOLID WASTES, INCLUDING WASTE PAINT AND COATING MATERIALS, PLATING WASTES, SOLVENTS, WASTE METALS, INKS AND DRUMMED MATERIAL INCLUDING POLYCHLORINATED BIPHENYLS (PCBS). IN ADDITION, THE CITY ALLOWED WOODSTOCK DIE CASTING INC., AN ALLIED SIGNAL SUBSIDIARY, TO DISPOSE OF APPROXIMATELY 7200 CUBIC YARDS OF WASTE SLUDGE AT THE LANDFILL. THE IEPA FILED A COMPLAINT AGAINST THE CITY IN 1972 REGARD ING OPERATION OF THE LANDFILL. THE ILLINOIS POLLUTION (IPCB ) ISSUED AN OPINION FINDING THAT OPEN DUMPING, LIQUID DEPOSI TION WITHOUT APPROVAL, FAILURE TO FOLLOW SET GUIDELINES, AND OPERATING WITHOUT A PERMIT. THE CITY WAS ORDERED TO CEASE AND DESIST ALL VIOLATIONS, AND TO OBTAIN THE NECESSARY PER- MITS. DURING THIS TIME PERIOD, THE IEPA REQUESTED THE INSTALLATION OF A LEACHATE COLLECTION SYSTEM TO ADDRESS RELEASES FROM THE LANDFILL. HOWEVER, NO SYSTEM WAS INSTALL- ED AND A WAIVER WAS GRANTED BY THE IPCB BASED ON THE CITY'S STATED INTENT TO CLOSE THE LANDFILL IN THE NEAR FUTURE AND BECAUSE THE LEACHATE DID NOT VIOLATE SURFACE WATER STANDARDS AT THE TIME. THE CITY DISCONTINUED DISPOSAL ACTIVITIES AT THE SITE IN 1975 AND CLOSED THE LANDFILLY BY COVERING IT WITH FILL MATERIAL. NUMEROUS INSPECTIONS WERE CONDUCTED AT THE SITE BY THE IEPA FROM 1975-1980. THE IEPA CONTINUALLY NOTIFIED THE CITY DURING THIS TIME THAT, ALTHOUGH THE LAND- FILL WAS NO LONGER ACCEPTING WASTE AND WAS CONSIDERED CLOSED THE FINAL COVER WAS DEFICIENT. IN 1908, THE IEPA CLASSIFIED THE SITE AS CLOSED AND COVERED. IN 1983, THE CITY WAS GRANT ED A PERMIT FROM THE IEPA TO LANDFARM MUNICIPAL SEWAGE SLUDGE AT THE SITE. A SECOND PERMIT WAS ISSUED BY IEPA IN JULY 1988, BUT SLUDGE APPLICATION WAS DISCONTINUED PRIOR TO THAT DATE, SO THE LATER PERMIT WAS NOT USED. LANDFILL GAS CHARACTERISTICS: VOLATILE ORGANIC COMPOUNDS (VOCS) WERE DETECTED AND INCLUDED FREON 114, CHLOROETHANE, BENZENE, TOLUENCE, CHLOROBENZENE, ETHYLBENZENE, 4-ETHYL TOLUENCE, 1,3,5-TRIMETHYLBENZENE, 1,2,4-TRIMETHYLBENZENE, AND XYLENE.

Defendants (2)

• HONEYWELL, INC. (FORMERLY ALLIED SIGNAL)
• WOODSTOCK MUNCIPAL LANDFILLSNamed in settlement

Facilities (1)

• WOODSTOCK MUNICIPAL LANDFILL

  800 DAVIS RD, WOODSTOCK, IL, 60098

  Registry ID: 110005285011

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• WOODSTOCK MUNICIPAL LANDFILLentered 1999-11-03

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-11-03Final Order Issued
• 2000-08-25Enforcement Action Data Entered