EPA v. WHITESIDE COUNTY LANDFILL

Case summary

THE WHITESIDE COUNTY LANDFILL IS A MUNICIPAL SOLID WASTE LANDFILL THAT IS ADJACENT TO AN CONTIGUOUS WITH ANOTHER PIECE OF PROPERTY KNOWN AS THE PRAIRIE HILL RECYCLING AND DISPOSAL FACILITY (RDF). BOTH THE WHITESIDE COUNTY LANDFILL AND PRAIRIE HILL RDF ARE OWNED BY THE COUNTY OF WHITESIDE. PRAIRIE HILL RDF IS OPERATED AS A WASTE DISPOSAL FACILITY BY WASTE MANAGEMENT OF ILLINOIS. THE WHITESIDE COUNTY LANDFILL HAS A DESIGN CAPACITY OF 1.42 MILLION MEGAGRAMS, WHILE PRAIRIE HILL RDF HAS A MAXIMUM DESIGN CAPACITY OF 19.268 MILLION MEGAGRAMS AND 21.638 MILLION CUBIC METERS. TOGETHER, THE TOW HAVE A DESIGN CAPA- CITY IN EXCESS OF 2.5 MILLION MEGAGRAMS AND 2.5 MILLION CUBIC METERS. IN SEPTEMBER OF 1993, THE WHITESIDE COUNTY LANDFILL CLOSED THE OPENING OF PRAIRIE HILL RDF, WHICH BEGAN ACCEPTING MUNI- CIPAL SOLID WASTE IN AUGUST 1006, WAS A LATERAL EXPANSION OF THE WHITESIDE COUNTY LANDFILL THAT RESULTED IN AN INCREASE IN THE DESIGN CAPACITY OF THE WHITESIDE COUNTY LANDFILL, AND HENCE WAS A MODIFICATION OF THE WHITESIDE COUNTY LANDFILL WITHIN THE MEANING OF 40 C.F.R.  60.2. THEREFORE, PRAIRIE HILL RDF AND THE WHITESIDE COUNTY LANDFILL CONSTITUTE A SINGLE MSW LANDFILL WITHIN THE MEANING OF 40 C.F.R.  60.751 IN 1997, PRAIRIE HILL RDF HAD AN NMOC EMISSION RATE OF 35.22 MEGAGRAMS PER YEAR IN 1997. WHITESIDE COUNTY, THE OWNER OF THE WHITESIDE COUNTY LAND- FILL AND PRAIRIE HILL RDF, IS SUBJECT TO THE REQUIREMENTS OF 40 C.F.R. PART 60 FOR MUNICIPAL SOLID WASTE LANDFILLS, AS IDENTIFIED ABOVE. WHITESIDE COUNTY FILED ITS INITIAL DESIGN CAPACITY REPORT AND ITS INITIAL NMOC EMISSION RATE REPORT FOR THE WHITESIDE COUNTY LANDFILL WITH ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ON SEPTEMBER 13, 1996, TO MEET THE REQUIREMENTS UNDER 40 C.F.R.  60/757(B)(1)(I)(B). THE INITIAL NMOC EMISSION RATE REPORT INDICATED THAT THE NMOC EMISSION RATE FOR THE WHITESIDE COUNTY LANDFILL WAS 152 MEGAGRAMS PER YEAR (167 TONS PER YEAR). THEREFORE, UNDER 40 C.F.R.  60.752(B)(2) (I) AND  60.757(C), WHITESIDE COUNTY WAS REQUIRED TO SUBMIT A COLLECTION AND EMISSION CONTROL SYSTEM DESIGN PLAN NO LATER THAN SEPTEMBER 13, 1997 (ONE YEAR AFTER THE FIRST NMOC EMISSION RATE REPORT INDICATING AN NMOC EMISSION RATE EQUAL TO OR GREATER THAN 50 MEGAGRAMS PER YEAR). UNDER 40 C.F.R.  60.8(A), WHITESIDE COUNTY, THE OWNER OF THE WHITESIDE COUNTY LANDFILL LANDFILL AND PRAIRIE HILL RDF, WAS REQUIRED TO CONDUCT AN INITIAL PERFORMANCE TEST ON ITS FLARE CONTROL SYSTEM WITHIN 180 DAYS AFTER INSTALLATION AND OPERATION OF THIS SYSTEM TO ESTABLISH THE FOLLOWING CONCERN- ING ITS FLARE CONTROL SYSTEM: THE VISIBLE EMISSIONS, USING TEST METHOD 22; THE PRESENCE OF A CONTINUOUS FLAME, USING A THERMOCOUPLE; THE EXIT VELOCITY OF THE FLARE, USING METHOD 2, 21, 2C, OR 2D; AND THE NET HEATING VALUE OF THE GAS BEING COMBUSTED IN THE FLARE, USING ASTM METHOD D1946. THE FLARE CONTROL SYSTEM WAS INSTALLED AND OPERATIONAL AS OF MARCH 13, 1999, THE COMPLIANCE DATE REQUIRED IN 40 C.F.R.  60.752(B) (2)(II). THEREFORE, WHITESIDE COUNTY WAS REQUIRED TO CONDUCT THE INITIAL PERFORMANCE TEST ON ITS FLARE CONTROL SYSTEM NO LATER THAN SEPTEMBER 10, 1999. WHITESIDE COUNTY FAILED TO CONDUCT, BY SEPTEMBER 10, 1999, AN INITIAL PERFORMANCE TEST TO ESTABLISH THE VISIBLE EMIS- SIONS (USING TEST METHOD 22), THE PRESENCE OF A CONTINUOUS FLAME (USING A THERMOCOUPLE), THE EXIT VELOCITY OF THE FLARE (USING METHOD 2, 2A, 2C, OR 2D), AND THE NET HEATING VALUE OF THE GAS BEING COMBUSTED BY ITS FLARE CONTROL SYSTEM (US- ING ASTM METHOD D1946), IN VIOLATION OF 40 C.F.R.  60.752 (B)(2)(III)(A), 60.18 AND 60.8(A). WHITESIDE COUNTY FAILED TO SUBMIT A COLLECTION AND EMIS- SION CONTROL SYSTEM DESIGN PLAN TO

Defendants (1)

• WHITESIDE COUNTY LANDFILLNamed in settlement

Facilities (1)

• WHITESIDE COUNTY LANDFILL

  18819 LINCOLN RD., MORRISON, IL, 61270

  Registry ID: 110001226165

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• WHITESIDE COUNTY LANDFILLentered 2001-03-23

  Primary law: CAA

Timeline (3 milestones)

• 2001-03-23Enforcement Action Closed
• 2001-03-23Final Order Issued
• 2001-05-03Enforcement Action Data Entered