Pollution Control Board Approves IEPA Settlement w/Landfill 33 on Leachate Release

The Illinois Pollution Control Board Thursday approved a settlement between the State of Illinois and Landfill 33 concerning a leachate release from the landfill in 2017.

The release allowed the leachate to run into a nearby tributary and killed the fish in the tributary.

The settlement was reached in November 2019, in which Landfill 33 does not admit to actions that led to the release, but agreed to pay a civil penalty of $18,000. Landfill 33 operator Brian Hayes has said an act of vandalism allowed the release of the leachate, but that the landfill has still spent over $255,000 on upgrades to the facility's leachate control system, on a "lock out system", and placed control equipment for the facility inside a locked shed.

Neighboring landowner Dan Borries contested the settlement, terming the $18,000 penalty a "slap on the wrist." The Pollution Control Board disagreed, saying steps taken by the landfill to address the situation should be considered. The ruling states: "The Board considers the gravity of the alleged violations to have been significant, but the record persuades the Board that the proposed civil penalty of $18,000 will deter future violations. Specifically, the Board is persuaded by (Landfill 33)'s prompt cleanup of the leachate and extensive improvements to prevent future violations. The Board recognizes that the parties' proposed settlement does not include every element that participating members of the public would wish, However, after considering the record in this case and the statutory factors it must consider in determining whether to accept the parties' proposed settlement, the Board finds that the proposed settlement satisfies...the Board's procedural rules. Having considered the factors...of the Act, the Board concludes that the proposed civil penalty of $18,000 is appropriate."