EPA v. TRI-COUNTY/ELGIN LANDFILLS

Case summary

DESCRIPTION: THE TRI-COUNTY/LANDFILLS ARE FUNCTIONALLY ONE CONTINGUOUS 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 SOILD 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 DISPOSAL IS NOT KNOWN 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. ENFORCEMENT HISTORY: * PLACED ON NPL - 03/31/1989. * RECORD OF DECISION (ROD) SIGNED - 09/30/1992. SELECTED AN IMPERMEABLE LANDFILL CAP WITH AN ACTIVE LANDFILL GAS COLLEC- TION SYSTEM AND GROUNDWATER EXTRACTION AND TREATMENT. * EXPLANATION OF SIGNIFICANT DIFFERENCES (ESD) - 06/25/1996. DEFERRED DESIGN AND IMPLEMENTATION OF GROUND WATER EXTRACT- ION AND TREATMENT COMPONENT OF REMEDY TO ALLOW A 5-YEAR PERIOD OF MONITORING TO EVALUATE EFFECTIVENESS OF CAP AND GAS COMPONENTS ALONE IN REDUCING GROUND WATER CONTAMINATION. * FINAL REMEDIAL DESIGN FOR LANDFILL CAP APPPROVED - 09/30/ 1997. COVER PROFILE CHANGED FROM THAT SPECIFIED IN ROD TO ENSURE LONG-TERM EFFECTIVENESS, AND PROMOTE SHORT-TERM EFFECTIVENESS AND IMPLEMENTABILITY. * ESD - 04/23/1998. DOCUMENTED CHANGES TO LANDFILL CAP PROFILE AND COST INCREASE OVER ROD. * ESD - 07/14/1999. ALTERED LANDFILL CAP PROFILE FOR ELGIN LANDFILL AND ELGIN-WAYNE PORTION OF SITE TO: (1) REDUCE DISRUPTION TO EXISTING BUSINESSES DURING CONSTRUCTION; (2) BE MORE COST EFFECTIVE; AND (3) BE FAR MORE EFFECTIVE THAN ALTERNATIVE SELECTED IN THE ROD. * NEGOTIATIONS FOR A REMEDIAL ACTION (RA) CONSENT DECREE * BEGAIN 02/27/1998, WITH A SPECIAL NOTICE LETTER * CONCLUDED 09/24/1998 WITH ISSUANCE OF UAO FOR REMEDIAL ACTION (RA) TO WMI AND TRI-COUNTY LANDFILL COMPANY. * UAO ISSUED TO BFI 11/19/1998; EFFECTIVE DATE OF UAOS WERE SYNCHRONIZED. * ADMINISTRATIVE ORDER ON CONSENT (AOC) FOR A DE MINIMIS SETTLEMENT - 06/11/1999. * U.S. EPA APPROVED RA WORK PLAN - 05/25/1999; * NOTICE OF AUTHORIZATION TO PROCEED WITH RA - 05/25/1999. * PRE-CONSTRUCTION INSPECTION MEETING - 06/09/1999. * U.S. EPA ISSUED AMENDED UAOS TO WMI AND BFI - 11/03/1999. * BFI'S RESPONSIBILITY FOR RA ACTIVITIES TO THE ELGIN LAND- FILL PORTION OF THE SITE ONLY. ALLIED WASTE INDUSTRIES (NEW OWNER OF BFI), SUBMITTED ITS LETTER OF INTENT TO COMPLY WITH THE UAO ON FRIDAY, DECEMBER 17, 1999, AND WAS FOUND IN NON- COMPLIANCE WITH UAO. * WMI'S RESPONSIBILITY FOR RA ACTIVITIES TO THE TRI-COUNTY LANDFILL PORTION OF THE SITE, INCLUDING THE ELGIN-WAYNE PROPERTY. WMI HAS INFORMED THE U.S. EPA THAT IT INTENDS TO COMPLY WITH AMENDED UAO. * ADDITIONAL DE MINIMIS SETTLEMENT COMPLETED 03/16/2000. * MUNICIPAL SOLID WASTE (MSW) SETTLEMENT COMPLETED 07/12/200 0. RA PROGRESS: THE FOLLOWING ACTIVITIES ON THE TRI-COUNTY LANDFILL PORTION OF THE SITE (~46 ACRES), HAVE BEEN COMPLE- TED:

Defendants (1)

• P&E HOLDINGS AND ARC DISPOSAL COMPANYNamed in settlement

Facilities (1)

• TRI-COUNTY LANDFILL COMPANY

  ROUTE 25, SOUTH ELGIN, IL, 60177

  Registry ID: 110009282971

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• TRI-COUNTY/ELGIN LANDFILLentered 2000-11-24

  Primary law: CERCLA

Timeline (2 milestones)

• 2000-11-24Final Order Issued
• 2001-01-23Enforcement Action Data Entered