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Repeated Violations Cost Rock Island County Landfill Operating Permit
"Callous and long-term failures....to protect
environment" cited
On Feb. 5, the Illinois Pollution Control Board (PCB) revoked the
operating permit of ESG Watts Inc. for the municipal waste landfill near Taylor Ridge in
Rock Island County, and ordered the facility to cease accepting waste. Citing a
"callous and long-term failure" to make the financial commitment necessary to
protect the environment, the Board found that permit revocation was the most appropriate
remedy for the violations.
In addition, the Board ordered a $100,000 penalty and $26,567 in requested attorneys'
fees.
An Iowa corporation, ESG Watts owns and operates three landfills in Illinois: the
Taylor Ridge facility, Sangamon Valley landfill in Sangamon County and the Viola landfill
in Viola. Taylor Ridge was the only one still accepting waste at the time of the decision.
All three have been subject to myriad PCB and Circuit Court decisions in recent years, as
well as numerous administrative citations issued by Illinois EPA. In discussing the
company's history of non-compliance, the Board noted "it is unlikely that any one
violator has been the subject of so many adjudicated violations."
The current enforcement action was based upon several years of violations relating to
land, water, and air pollution. Ron Mehalic, a Bureau of Land (BOL) inspector with the
Peoria regional office, conducted regular inspections at the site since 1993, in
additional to several inspections conducted in response to various neighbors' concerns.
Based on these inspections, the Board found that the company had violated requirements for
daily, intermediate and final cover, which resulted in litter, landfill gas emissions, and
uncontrolled leachate seeps. Testimony from John Taylor, a BOL financial assurance
analyst, showed that ESG Watts had also ignored its obligation to file revised cost
estimates and failed to provide adequate financial assurance. The Board characterized as
"most severe" the potential injury to the environment from the continuous lack
of financial assurance to properly close the landfill.
Jim Kammueller, Bureau of Water regional manager in Peoria, observed large quantities
of storm water leaving the landfill on several occasions but landfill personnel failed to
monitor one permitted outfall out of admitted "ignorance." Water samples taken
were muddy, brown and turbid with an oily sheen. Analyses showed that suspended solids,
total iron and manganese were exceeded at permitted discharge points as well as in
receiving streams. Adjacent property owners testified that the large quantities of storm
water runoff caused siltation and refuse washing onto their properties. The PCB found that
ESG Watts did not comply with the monitoring, sampling, recording and reporting
requirements set forth in its National Pollutant Discharge Elimination System (NPDES)
permit, which was considered "especially egregious" in that the environment
suffered from the ongoing exceedences of permit limitations. The Board further held that
the company had caused water pollution and violated groundwater quality standards.
Several neighbors of the landfill testified about offensive odors from the landfill.
The PCB found that ESG Watts had caused air pollution by creating a recurring nuisance
which interfered with neighbors' way of life, as the unpleasant smell would force them to
close windows and remain indoors. Winds could blow uncovered landfill debris into
neighbors' yards.
Said Kammueller of the Taylor Ridge site, "Given the long history and various
types of violations at this facility, it will take major improvements to bring the
landfill into compliance."
On the same date as the Taylor Ridge action, the Board also ordered a total penalty of
$680,200 in a separate case involving ESG Watts' Viola landfill for financial assurance,
groundwater contamination, monitoring and over-height issues.
John Tripses, Peoria regional manager for the BOL, said "The successful conclusion
of these two enforcement cases is a tribute to the hard work of our inspectors: James
Jones, Mitch Smith, Ron Mehalic, and Rob Wagner. They provided the necessary documentation
to show that this company refuses to operate in compliance with the law, and their efforts
exemplify their professional competence and dedication to the environment."
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