On August 18, 2010, the Illinois Attorney General’s office announced the entry of a consent decree between the State of Illinois and the owners and operators of the Hillside landfill, a former solid waste landfill located at 4100 W. Frontage Rd., Hillside, Illinois. Residents (and those driving past the landfill) have endured periods of sometimes nauseating odors since at least January 2004.
Under the terms of the consent decree, the defendants must pay a civil penalty of $1 million to address past conduct. The defendants must also pay $100,000 to Illinois EPA for costs incurred up to the entry of the agreement and up to $25,000 for future costs associated with Illinois EPA implementing a Community Relations Plan. Additionally, the defendants will reimburse the Attorney General’s office $100,000 for its costs of investigating and litigating the case.
The consent decree also confirms that the actions required of the defendants in prior agreed preliminary injunctions entered in April 2006 and January 2007 have been completed. Those actions included: addressing the alleged hazards created by the uncontrolled release of landfill gas and evaluating and controlling all of the causes of odors at the site which, in conjunction with the installation of a 55-acre cover system, achieved a significant reduction in both reported odor complaints and surface emissions within the past year.
Within 45 days, the defendants are required to submit to the Attorney General’s office and Illinois EPA a Landfill Compliance Plan that will include, among other things, a number of work plans that address: landfill settlement and the effect it may have on the facility’s cover; landfill gas collection and control systems and air quality; monitoring and corrective actions; leachate (contaminated waste water) monitoring and removal; surface water management; and groundwater monitoring and corrective actions.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
