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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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9/30/2015 9:09:17 AM
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Resolution/Ordinance
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R2015-103
Res Ord Title
APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT FILED WITH THE ILLINOIS POLLUTION CONTROL BOARD BY THE CITY AND OTHER UNITS OF LOCAL GOVERNMENT AGAINST CLINTON LANDFILL, INC.
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Legal
Approved Date
9/8/2015
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soils. This is to prevent water and other liquids from other waste subsequently disposed <br /> of on top of the MGP waste from leaking into the MGP waste. <br /> * CLI agrees to have properly licensed environmental testing professionals test the <br /> groundwater at the Clinton Landfill for the presence of toxic chemicals commonly found <br /> in MGP wastes on a semiannual basis. Tests are to be conducted for the remaining <br /> operational life of the chemical waste unit and for the post-closure period of time (under <br /> current law a minimum of 30 years) and to provide those test results to the IEPA. <br /> * The State of Illinois, through the Illinois Attorney General's Office and the IEPA, <br /> reserve the right to pursue any future criminal or civil violations related to any future <br /> contamination of the environment from the MGP wastes already accepted at the Clinton <br /> Landfill, and any remedies available under the law, including but not limited to the <br /> removal of the waste material causing the contamination. <br /> The Order will be recorded with the DeWitt County Clerk and Recorder of Deeds and <br /> will constitute a covenant running with the land which will make it applicable and binding to all <br /> owners, successor owners or anyone else interested now or in the future in the land. <br /> An organized citizens group, WATCH, has raised questions and concerns about this <br /> Order. The following are some of the most frequently asked. <br /> QUESTION: The decree would require the Landfill to test for certain organic <br /> compounds (benzene, toluene, naphthalene, pyrene, ...) which are in MGP waste, and <br /> that's good. However it doesn't include testing for other inorganic compounds - including <br /> cyanide, lead, mercury, chromium, arsenic, and a dozen-odd others. <br /> ANSWER: The permit requires sampling for each of these contaminants. See <br /> http://www.epa.state.il.us/communitv-relations/fact-sheets/clinton-3/permit-modification- <br /> 2014-07-31.pdf which is the current permit for the site, including the chemical waste <br /> area. Groundwater monitoring starts on pages 47 - 62; section VIII. That is 15 pages <br /> of groundwater monitoring requirements. On page 55, a list of parameters to be sampled <br /> includes the items listed. Cyanide, lead,mercury, chromium and arsenic are each listed <br /> in the permit for GW monitoring. The entire permit groundwater sampling was NOT put <br /> into the Order; the MGP main constituents were listed. We did not want to have a <br /> possibility that the MGP sampling criteria would fall out of a future permit, after the CLI <br /> quit accepting MGP wastes. <br /> QUESTION: Testing would be(at least) semi-annual, which may sound good,but <br /> variations of some chemicals between their quarterly samples can be enormous - tenfold <br /> or more- so sparse sampling could easily miss important spikes. <br /> ANSWER: The 15 pages of groundwater monitoring in the permit are not sparse. It is <br /> exacting. It is demanding. It will likely be ongoing for over 60 years. Here today, gone <br />
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