Winnebago Landfill Amended Complaint

**ELECTRONICALLY FILED**
DOC ID: 7792337

CASE NO: 2017-CH-0000738
DATE: 12/19/2019 9:24 AM
BY: A H, DEPUTY
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

WINNEBAGO COUNTY, ILLINOIS
CHANCERY DIVISION
PEOPLE OF THE STATE OF ILLINOIS, )

ex rel. KWAME RAOUL, Attorney )
General-of the State of Illinois, )
)
Plaintiff, )
)
-VS- ) No. 17 CH 738
)
WINNEBAGO LANDFILL COMPANY LLC, • )
an Illinois limited liability company, and )
WINNEBAGO RECLAMATION SERVICE, INC., )
an Illinois corporation, )
)
)
Defendants. )
FIRST AMENDED COMPLAINT FOR INJUNCTION AND OTHER RELIEF
Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, ex rel. KWAME RAOUL, Attorney
General of the State of Illinois, on his own motion and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), complains of the Defendants,
WINNEBAGO LANDFILL COMPANY LLC, and WINNEBAGO RECLAMATION
SERVICE, INC., as follows:
COUNT. I
AIR POLLUTION
1. This Amended Complaint is brought on behalf of the PEOPLE OF THE STATE
OF ILLINOIS, by KWAME RAOUL, Attorney General of the State of Illinois, on his own
motion and at the request of the Illinois EPA, pursuant to Section 42 of the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/42 (2018).
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2. The Illinois EPA is an administrative agency established in the executive branch
of State government by Section 4 of the Act, 415 ILCS 5/4 (2018), and charged, inter alia, with
the duty of enforcing the Act.
3. Defendant WINNEBAGO LANDFILL COMPANY LLC ("WLC") is an Illinois •
limited liability company, duly authorized to transact business in the State of Illinois.
4. Defendant WINNEBAGO RECLAMATION SERVICE, INC. ("WRS") is an
Illinois corporation, duly authorized to transact business in the State of Illinois. WRS is listed as
the manager of Defendant WLC in Illinois Secretary. of State Records.
5. WLC is the owner of the Winnebago Landfill ("Landfill"), a municipal solid
waste and special waste landfill located at 8403 Lindenwood Road, Rockford, Winnebago
County, Illinois. Lindenwood Road, a public highway, bisects the Landfill from north to south.
Baxter Road, a public highway, runs along the northern boundary of the Landfill. Private
residences are located on the western boundary of the landfill on Livingwood Drive and Kilbuck
Trail. Highway 251 runs north and south to the west of the private residences, approximately
one-third mile from the western boundary of the Landfill. WLC and WRS jointly operate the
Landfill.
6. The Landfill consists of four Illinois EPA-permitted units, specifically the
"Northern and Southern Unit", the "North Expansion Unit", the "West Expansion Unit", and the
"East Expansion Unit". As of the date of filing this Amended Complaint, the Northern and
Southern Unit has been closed and has received final cover.
7. The North Expansion Unit consists of approximately 66 acres and is bordered by
Baxter Road on the North and Lindenwood Road on the East. An off-site residential
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subdivision is located approximately 1,200 feet west of the North Expansion Unit. Another
residential subdivision is located approximately 2,000 feet north of the North Expansion Unit.
The Northern and Southern Unit are located to the south of the North Expansion Unit.
8. The North Expansion Unit is presently accepting waste and contaminated soil.
Only 14 acres of the North Expansion Unit have received final cover and 54 acres of the North
Expansion Unit remain under intermediate cover.
9. The West Expansion Unit consists of approximately 57 acres and is bordered by
Highway 251 on west and Edson Road on the south. The West Expansion Unit opened in 2015
and is currently accepting waste.
10. The East Expansion Unit consists of 222 acres, and was permitted by Illinois EPA
in 2017. The East Expansion Unit began accepting waste in March 2019.
11. Municipal solid waste breaks down inside of the Landfill to form various
degradation products. Included in these waste degradation products are mixtures of volatile
compounds, including hydrogen sulfide, mercaptans, reduced sulfur compounds, methane, and
carbon dioxide (collectively "landfill gas").
12. Hydrogen sulfide, a component of landfill gas, has an odor commonly described
as an offensive 'rotten egg' odor, and is detectible to humans at concentrations as low as 1 part
per billion in air. The United States Occupational Safety and Health Administration ("OSHA")
considers hydrogen sulfide to be an "extremely hazardous gas".
13. Unless properly controlled, landfill gas can be emitted into the environment and
threaten or cause harm to the public health, safety, property values, and the welfare of persons in
the surrounding area. According to the United States Department of Health & Human Services,
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exposure to landfill gas may result in nausea, headaches, and an increase in asthmatic reactions.
Landfill gas and its component compounds may migrate off a landfill site, creating a serious odor
nuisance and interfering with the enjoyment of life and property in the vicinity of a landfill.
14. Pursuant to Illinois regulations codified at 35 III. Adm. Code 220.220 and
220.230, and Federal Regulations codified at 40 CFR 60.33c, the Defendants are required to, and
do, collect and control landfill gas using a landfill gas collection and control system ("GCCS").
15. Control of landfill gas requires installation and maintenance of a suitable clay,
soil, or synthetic cover over waste disposal areas of a landfill. If insufficient cover is in place,
landfill gas migrates through cover materials to the atmosphere, creating a threat to health and an
off-site odor nuisance.
16. "Daily cover" consists of approximately 6 inches of soil, or other Illinois EPA ,
accepted materials, which is placed over an active waste disposal area of a landfill at the end of
each operating day. Daily cover is intended to keep birds and other vectors from the waste.
Daily cover, by itself, does not effectively prevent the migration of landfill gas to the
atmosphere.
17. "Intermediate cover" consists of approximately 12 inches of soil, which is placed
on inactive, but not closed, waste disposal areas of a landfill. Intermediate cover is only
partially effective as a barrier against landfill gas migration to the atmosphere.
18. "Final Cover" consists of a thick layer of compacted clay, geo-membrane, and
soil, which must be installed when a waste disposal unit is closed. When installed properly,
final cover installed over a landfill section can act as a barrier to landfill gas migration to the
atmosphere.
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19. In addition to insufficient cover, landfill gas emissions may also be caused by a
non-functioning or insufficient landfill gas collection system.
20. When landfill gas collection systems are not functioning properly, or installed or
operated improperly, landfill gas migrates up through soil and clay cover materials, and
increased methane levels can be detected at the surface of a landfill.
21. At various times between March 2016 and the date of filing this Amended
Complaint, Illinois EPA inspectors identified landfill gas odors attributable to the Landfill
outside of the Landfill boundary.
22. On March 28, 2016, an Illinois EPA inspector visited the Landfill to perform an
inspection. On Lindenwood Road, immediately outside of the eastern boundary of the Landfill,
the inspector deteCted a noxious odor, typical of landfill gas.
23. After detecting the noxious odor outside of the Landfill, the inspector entered the
Landfill to perform an inspection. The inspector detected the same noxious odor at the scale
house inside the Landfill gate, and on the west side of the North Expansion Unit near the west
boundary of the Landfill.
24. On August 3, 2016, the Illinois EPA inspector again traveled to the vicinity of the
Landfill to perform an inspection. At the time of the inspection, the prevailing wind was from
the southeast. The inspector detected noxious odors, typiCal of landfill gas, on Highway 251,
directly west of the Landfill's North Expansion Unit boundary. The inspector also detected
landfill gas odors on Baxter Road, outside of the Landfill's northwest boundary.
25. From January 1, 2019 to November 3, 2019, Illinois EPA's Rockford field office
received over 240 complaints from local residents, complaining of landfill gas odors attributable
to the Landfill. Complaints by month during this period were as follows:
MONTH LANDFILL GAS ODOR COMPLAINTS

RECEIVED BY ILLINOIS EPA
ROCKFORD FIELD OFFICE
January, 2019 11
February, 2019 17
March, 2019 21
April 2019 22
May 2019 26 .
June 2019 19
July 2019 19
August 2019 42 '
September 2019 38
October 2019 23
November 1 6
through November
3, 2019
26. Some of the complainants reported to Illinois EPA that the exposure to landfill
gas caused nausea, burning throats, and headaches. Many complainants reported that the worst
landfill gas odors occurred in the middle of the night, permeated their homes, and disturbed
sleep. Some complainants stated that the landfill gas odors kept them from going outside and
using their property. Complainants included reports that the landfill gas odor was causing
headaches.
27. One citizen complainant living 1.3 miles south of the Landfill complained of
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"overwhelming" landfill gas odors inside and outside his house in November 2019.
28. A citizen complainant living 1 mile north of the Landfill submitted an odor log to
Illinois EPA in November 2019. The odor log indicated 31 instances of landfill gas odor
detected at his home from February 2019 until the beginning of November, 2019. On several of
these dates, the complainant noted that the noxious odor kept him from going outside of his
house to mow the lawn or do other work at his home. On at least six occasions, the last being
November 1, 2019, the complainant noted that the landfill gas odor woke him in the middle of
the night and prevented him from getting back to sleep.
29. A citizen complainant located approximately 13/1 miles north of the Landfill
submitted numerous complaints and odor logs to Illinois EPA during 2019. The citizen
complained that noxious nighttime landfill gas odors were sickening her daughter and
occasionally causing her daughter to miss school. She also stated that the odors prevented her
from going outdoors at certain times. She stated that the landfill gas odors also caused
headaches and made family members nauseous.
30. As shown by complaints made to Illinois EPA, the landfill gas odors covered a
large geographic area. Complainants included residents of New Milford, directly to the north of
the Landfill and residents of Rockford living several.miles north of the Landfill. In addition,
Illinois EPA received complaints regarding landfill gas odors from Monroe Center, Illinois,
approximately 4 miles south of the Landfill, and persons living east of I-39, well east of the
Landfill.
31. On January, 17, 2019, an Illinois EPA inspector visited the Landfill to follow up
on citizen complaints. The inspector detected landfill gas odors on Lindenwood Road, east of
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the entrance of the Landfill. The inspector observed that winds at the time were from the west-
northwest.
32. On January 22, 2019, the same Illinois EPA inspector again visited the Landfill in
response to citizen complaints. The inspector detected landfill gas odors on Baxter Road, north
of the Northern Expansion Unit. Weather information indicated that the winds at the time were
from the south-southeast.
33. On January 29, 2019, the same Illinois EPA inspector visited the Landfill in
response to citizen complaints lodged with Illinois EPA on January 27 and January 28, 2019.
The inspector detected landfill gas odors on Edson Road, outside the boundary of the Landfill
and south of the West Expansion Unit. Winds at the time were from the west-northwest.
34. The Illinois EPA inspector subsequently performed investigations of landfill gas
odor complaints on February 14 and 19, 2019, March 4, 12, 18, 19, and 26, 2019, April 1, 2019,
June 24 and 27, 2019, July 25, 2019, August 15 and 29, 2019, September 3, 16, 24, and 30, 2019,
and October 9 and 23, 2019. On each of these dates, the Illinois EPA inspector detected off-site
landfill gas odors attributable to landfill gas emissions from the Landfill.
35. To the date of filing this Amended Complaint, the Defendants have failed to take
action to eliminate the emission of landfill gas from the Landfill and the spread of landfill gas
odors to the communities in the vicinity of the Landfill.
36. To the date of filing this Amended Complaint, emission of landfill gas from the
Landfill continues to interfere with the health and welfare of off-site residents.
37. Section 9(a) of the Act, 415 ILCS 5/9(a) (2018), provides, as follows:
No person shall:
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a. Cause or threaten or allow the discharge or emission of any contaminant
into the environment in any State so as to cause or tend to cause air
pollution in Illinois, either alone or in combination with contaminants
from other sources, or so as to violate regulations or standards adopted by
the Board under this Act;
38. Section 201.141 of the Illinois Pollution Control Board ("Board") Air Pollution
regulations, 35 Ill. Adm. Code 201.141, provides, as follows:
Prohibition of Air Pollution
No person shall cause or threaten or allow the discharge or emission of any

contaminant into the environment in any State so as, either alone or in
combination with contaminants from other sources, to cause or tend to cause air
pollution in Illinois, or so as to violate the provisions of this Chapter, or so as to
prevent the attainment or maintenance of any applicable ambient air quality
standard.
39. Section 3.315 of the Act, 415 ILCS 5/3.315 (2018), provides, as follows:
"Personi' is any individual, partnership, co-partnership, firm, company, limited

liability company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency, or any other legal entity, or their legal
representative, agent or assigns.
40. The Defendants are "person[s]" as that term is defined in Section 3.315 of the
Act, 415 ILCS 5/3.315 (2018).
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source.
42. Landfill gas and its constituents, including hydrogen sulfide and other reduced
sulfur compounds, carbon dioxide, and methane, are contaminant[s]" as that term is defined in
Section 3.165 of the Act, 415 ILCS 5/3.165 (2018).
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"Air pollution" is the presence in the atmosphere of one or more contaminants in
sufficient quantities and of such characteristics and duration as to be injurious to
human, plant, or animal life, to health, or to property, or to unreasonably interfere
with the enjoyment of life or property.
44. The Defendants caused, threatened, or allowed the discharge of landfill gas from
the Landfill and into the environment off-site. The Defendants' landfill gas emissions were
injurious to human life and health, in that the same caused headaches, nausea, and interfered with
sleep. Likewise, the Defendants' landfill gas emissions unreasonably interfered with nearby
residents' enjoyment of life or property, in that these residents were prevented from sleeping
peacefully in their homes, and from going outside to work on and/or enjoy their property. The
landfill gas emissions also created a significant and offensive odor nuisance in residential areas
near and adjacent to the Landfill. The emission of landfill gas from the Landfill constitutes "air
pollution" as that term is defined in Section 3.115 of the Act, 415 ILCS 5/3.115 (2018).
45. By causing and allowing the discharge of landfill gas from the Landfill, the
Defendants thereby caused, threatened or allowed air pollution, and thereby violated Section 9(a)
of the Act, 415 ILCS 5/9(a) (2018), and 35 Ill. Adm. Code 201.141.
46. Violations of the pertinent environmental statutes will continue unless and until this
Court grants equitable relief in the form of preliminary and, after trial, permanent injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays that this court
enter a preliminary injunction, and, after trial, permanent injunction, and an order in favor of
Plaintiff and against the Defendants, WINNEBAGO RECLAMATION SERVICE, INC., and
WINNEBAGO LANDFILL COMPANY LLC, on Count I:
1. Finding that the Defendants have violated Section 9(a) of the Act, and 35 Ill.
10
Adm. Code 201.141;
2. Enjoining the Defendants from further violations of Section 9(a) of the Act, and
35 Ill. Adm. Code 201.141;
3. Ordering the Defendants to take immediate action to prevent the emission of
landfill gas from the Landfill;
4. Assessing against the Defendants, pursuant to Section 42(a) of the Act, a civil
penalty of Fifty Thousand Dollars ($50,000.00) for each violation of the Section 9(a) of the Act,
and 35 Ill. Adm. Code 201.141, and an additional penalty of Ten Thousand Dollars ($10,000.00)
for each day of violation;
5. Ordering the Defendants to pay all costs, including Illinois EPA response and
oversight costs, Plaintiff's attorney fees, and all expert witness and consultant fees, expended by
the State in its pursuit of the action; and
6. Granting such other relief as this Court deems appropriate and just.
COUNT II
FAILURE TO OPERATE COLLECTION AND CONTROL SYSTEM
TO PREVENT MALODORS
1-38. Plaintiff realleges and incorporates by reference herein paragraphs 1 through 36,
and paragraphs 39 through 40, of Count I, as paragraphs 1 through 38 of this Count II.
39. . Section 21(d) of the Act, 415 ILCS 5/21(d) (2018), provides, in pertinent part, as
follows:
No person shall:
(d) Conduct any waste storage, waste-treatment, or waste disposal operation:
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(1) Without a permit or in violation of any conditions imposed by such
permit....
(2) In violation of any regulations or standards adopted by the Board

under this Act.. .
40. Section 3.535 of the Act, 415 ILCS 5/3.535 (2018), provides, in pertinent part, as
follows:
"WASTE" means any garbage...or any other discarded material, including any
solid, liquid, semi-solid, or contained•gaseous material resulting from industrial,
commercial, mining and agricultural operations, and from community
activities....
"REFUSE" means waste.
42. The municipal solid waste and special waste disposed of at the Landfill is
"garbage" and "discarded material", and therefore "waste" as that term is defined by Section
3.535 of the Act, 415 ILCS 5/3.535 (2018), and therefore also "refuse" as that term is defined by
Section 3.385 of the Act, 415 ILCS 5/3.385 (2018).
43. The Defendants accepted and disposed of waste at the Landfill, and therefore
conducted a "waste disposal operation" as that term is used in Section 21(d) of the Act, 415
ILCS 5/21(d) (2018).
44. Pursuant to authority granted under the Act, the Board has promulgated
regulations related to operation of municipal solid waste landfills, codified at 35 Ill. Adm. Code
Part 811 ("Board Waste Disposal regulations).
45. Section 811.301 of the Board Waste Disposal regulations, 35 Ill. Adm. Code
811.301, provides, in pertinent part, as follows:
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811.301 Scope and Applicability
In addition to the requirements of Subpart A, the standards of this Subpart apply

to all landfills in which chemical and putrescible wastes are to be placed, except
as otherwise provided in 35 Ill. Adm. Code 817.
810.103, provides the following definitions:
"Operator" means the person responsible for the operation and maintenance of a
solid waste disposal facility.
"Putrescible waste" means a solid waste that contains organic matter capable of
being decomposed by microorganisms so as to cause a malodor, gases, or other
offensive conditions, or which is capable of providing food for birds and vectors.
Putrescible wastes may form a contaminated leachate from microbiological
degradation, chemical processes, and physical processes. Putrescible waste
includes, but is not limited to, garbage, offal, dead animals, general household
waste, and commercial waste. All solid wastes that do not meet the. definition of
inert or chemical wastes will be considered putrescible wastes. •
47. The Defendants are "operator[s]" of the Landfill as that term is defined in Section
810.103 of the Board Waste Disposal regulations, 35 Ill: Adm. Code 810.103.
48. The municipal solid waste, garbage, and special waste disposed of within the
Landfill is "putrescible waste" as that term is defined in Section 810.103 of the Board
regulations, 35 Ill. Adm. Code 810.103. The Defendants are operators of a putrescible waste
landfill.
49. Subpart C of the Board Waste Disposal regulations, 35 Ill. Adm. Code Part 811,
Subpart C, provides, in pertinent part, as follows:
Section 811.311 Landfill Gas Management System
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a) The operator shall install a gas management system if any one of the
following conditions are met:
3) Malodors caused by the unit are detected beyond the property .

boundary; or
* * *
d) Standards for Gas Collection Systems
1) Gas collection systems may be installed either within the perimeter

of the unit or outside the unit.
2) The operator shall design and operate the system so that the
standards of subsections (a)(1), (a)(2), and (a)(3) will not be
exceeded.
50. From at least March 28, 2016 to at least November 3, 2019, the Defendants failed
to design and operate the GCCS system at the Landfill in such away as to collect and control
landfill gas emissions, thereby allowing landfill gas malodors outside of the boundary of the
Landfill.
51. By failing to design a landfill gas management system to prevent off-site
emissions, and by failing to operate the GCCS at the Landfill to prevent noxious odors from
migrating beyond the boundary of the Landfill from at least March 28, 2016 to at least
November 3, 2019, the Defendants violated Section 811.311(d) of the Board Waste Disposal
regulations, and thereby also violated Section 21(d)(2) of the Act, 415 ILCS 5/21(d)(2) (2018).
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Plaintiff and against the Defendants, WINNEBAGO LANDFILL COMPANY LLC, and
WINNEBAGO RECLAMATION SERVICE, INC., on Count II:
1. Finding that the Defendants have violated Section 21(d)(2) of the Act, and 35 Ill. Adm.
Code 811.311(d);
2. Enjoining the Defendants from further violations of Section 21(d)(2) of the Act,
and 35 Ill. Adm. Code 811.311(d);
3. Ordering the Defendants to take immediate action to install and operate a gas
management system capable of preventing off-site landfill gas odors;
4. Assessing against the Defen6nts a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 21(d)(2) of the Act, and 35 Ill. Adm. Code
811.311(d), and an additional penalty of Ten Thousand Dollar's ($10,000.00) for each day of
violation;
oversight costs, attorney, expert witness and consultant fees, expended by the State in its pursuit
of the action; and
COUNT III
FAILURE TO COVER REFUSE AT THE END OF EACH OPERATING DAY
1-18. Plaintiff realleges and incorporates by reference herein paragraphs 1 through 10
and paragraphs 39 through 40 of Count I, and paragraphs 39 through 44 of Count II, as
paragraphs 1 through 18 of this Count III.
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19. Pursuant to Sections 39(a) and 21(d) of the Act, 415 ILCS 5/39(a) and 5/21(d)
(2018), the development and operation of the Landfill require permits issued by the Illinois EPA,
Bureau of Land Pollution Control.
20. Operations of the West Expansion Unit ("WEU") at the Landfill are currently
permitted under Illinois EPA Permit 2010-133-LF ("WEU Permit"). Operations at the North
Expansion Unit ("NEU") are currently permitted under Illinois EPA Permit 2006-221-LF ("NEU
Permit").
21. Section 13 of the WEU Permit provides, in pertinent part, as follows:
Operating hours are those hours during which waste may be accepted. For this
facility, the operating hours shall be limited to 4:30 a.m. to 7:00 p.m., Monday
through Friday, and 4:30 a.m. to 5:00 p.m. on Saturday.. ..
22. On Wednesday, May 11, 2016, an Illinois EPA inspector visited the Landfill prior
to 4:30 a.m. to perform an inspection. The purpose of the inspection was to follow up on
complaints received by the Illinois EPA that the Landfill was not covering waste from prior
days' disposal.
23. On Wednesday, May 11, 2016, the Illinois EPA inspector visited the active
disposal cell of the WEU before any daily disposal activity had taken place. The inspector
observed large areas of the WEU, which contained exposed waste, and other areas where waste
had been covered with less than six inches of cover material. The inspector also observed that a
geotextile fabric tarp had been utilized by the Defendants in certain areas of the WEU. However,
the tarp employed by the Defendants did not fully cover exposed waste, and large quantities of
exposed waste remained outside of the border of the tarp.
24. Condition II of the WEU Permit provides, in pertinent part, as follows:
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II. OPERATING CONDITIONS
2. The operator of this solid waste facility shall not conduct the
operation in a manner which results in any of the following:
* * *
e. uncovered refuse remaining from any previous operating day or at

the conclusion of any operating day, unless authorized by permit.
* * *
4. At the end.of each day of operation, all exposed waste shall be covered
with:
a. Clean soil at least six (6) inches thick (i.e. conventional daily
cover); or
b. An alternate daily cover as described below:
5. The following materials are approved as alternate material for daily cover
pursuant to 35 IAC, Sections 811.106(b) and 812.111(b) at this facility:
a. Geotextile fabric (e.g., Fabrisoil);

•
* * *
Section 811.106 Daily Cover
a) A uniform layer of at least 0.15 meter (six inches) of clean soil material must
be placed on all exposed waste by the end of each day of operation.
b) Alternative materials or procedures, including the removal of daily cover

prior to additional waste placement, may be used, provided that the
alternative materials or procedures achieve equivalent or superior
performance to the requirements of subsection (a) of this Section in the
following areas:
1) Prevention of blowing debris;
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2) Minimization of access to the waste by vectors;
3) Minimization of the tlireat of fires at the open face; and
4) Minimization of odors.
26. Section 21(o) of the Act, 415 ILCS 5/21(o) (2018), provides, in pertinent part, as
follows:
No person shall:
(o) Conduct a sanitary landfill operation which is required to have a permit under
Section (d) of this Section, in a manner which results in any of the following
conditions:
* *
(5) Uncovered refuse remaining from any previous operating day or at

the conclusion of any operating day....
follows:
"Sanitary landfill" means a facility permitted by the Agency for the

disposal of waste...
28. At all times relevant to the Complaint, the Landfill was permitted by Illinois EPA
for the disposal of waste. The Landfill is a "sanitary landfill" as that term is defined by Section
3.445 of the Act, 415 ILCS 5/3.445 (2018).
29. The Defendants disposed of waste in the WEU, and thereby "conducted sanitary
landfill operations" as that term is used in Section 21(o) of the Act, 415 ILCS 5/21(o) (2018).
30. As observed by the Illinois EPA inspector on May 1 1, 2016, waste from a previous
day of operation, or from multiple days of operations, was allowed to remain uncovered due to
18'
insufficient sufficient soil, alternate solid material, or geotextile tarping at several locations in the
WEU.
31. By causing and allowing refuse from previous days' operations to remain uncovered,
the Defendants violated Section 21(o)(5) of the Act, 415 ILCS 5/21(o)(5) (2018).
32. By failing to cover refuse, from the previous day °Cc:lays operations with 6 inches of
soil or an effective equivalent cover, the Defendants violated Section 21(d)(2) of the Act, 415 ILCS
5/21(d)(2) (2018), and Section 811.106 of the Board Waste Disposal regulations, 35 III. Adm. Code
811.106.
33. By failing to fully and completely cover exposed refuse from a previous day or days of
operation with soil or a geotextile tarp, the Defendants violated Conditions II.2.e and 11.4 of the WEU
Permit, and thereby also violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2018).
Court grants equitable relief in the form of preliminary and, after trial, permanent injunctive relief
WINNEBAGO RECLAMATION SERVICE, INC., on Count III:
1. Finding that the Defendants have violated Sections 21(d)(1), 21(d)(2), and
21(o)(5) of the Act, 35 Ill. Adm. Code 811.106, and Conditions and 11.4 of the WEU
Permit;
2. Enjoining the Defendants from further violations of 21(d)(1), 21(d)(2), and
21(o)(5) of the Act, 35 Ill. Adm. Code 811.106, and Conditions II.2.e. and 11.4 of the WEU
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Permit;
3. Ordering the Defendants to cover all waste at the end of an operating day in
compliance with the requirements of the Act, Board Waste Disposal regulations, and the
Landfill's Illinois EPA Permits;
4. Assessing against the Defendants a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of 21(d)(1), 21(d)(2), and 21(o)(5) of the Act, 35 Ill.
Adm. Code 811.106, and Conditions II.2.e. and II.4 of the WEU Permit, and an additional
penalty of Ten Thousand Dollars ($10,000.00) for each day of violation;
of the action; and
6. • Granting such other relief as this Court deems appropriate and just.
COUNT IV
IMPROPER DISPOSAL OF USED TIRES
1-23. Plaintiff realleges and incorporates by reference herein, paragraphs 1 through 10
and paragraphs 39 through 40, of Count I, paragraphs 39 through 48, of Count II, and paragraph
20, of Count III, as paragraphs 1 through 23 of this Count IV.
24. .On May 11, 2016, the Illinois EPA inspector observed waste tires that the
Defendants had accepted for disposal at the Landfill. The waste tires were mixed with
municipal solid waste, which had been dumped in the active disposal area of the WEU.
25. Section 55(b-1) of the Act, 415 ILCS 5/55(b-1)(2018), provides, in pertinent part,
as follows:
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b-1 Beginning January 1, 1995, no person shall knowingly mix any used or
waste tire, either whole or cut, with municipal waste, and no owner or
operator of a sanitary landfill shall accept any used or waste tire for final
disposal.....
follows:
"Sanitary landfill" means a facility permitted by the Agency for the disposal of
waste...
27. The Landfill is permitted by Illinois EPA for the disposal of waste, and is
therefore a "sanitary landfill" as that term is defined in Section 3.445 of the Act, 415 ILCS
5/3.445 (2018). The Defendants are "operators" of a "sanitary landfill".
28. Section II. of the WEU Permit provides, in pertinent part, as follows:
12. Management of Unauthorized Waste
* * *
d. Tires found to be mixed with municipal waste shall be

removed and managed in accordance with 35 IAC, Part
848.
29. On a date or dates better known to Defendants, but prior to May 11, 2016, the
Defendants accepted waste tires for disposal at the Landfill, and commingled the waste tires with
other municipal waste disposed in the WEU.
30. The Defendant's failed to remove the waste tires from incoming loads of mixed
waste prior to disposal in the WEU
21
31. By accepting waste tires for final disposal at the landfill, and by mixing the waste
tires with municipal solid waste in the active disposal area of the WEU, the Defendants violated
Section 55(b-1) of the Act, 415 ILCS 5/55(b-1) (2018).
32. By failing to remove waste tires from loads of mixed waste prior to disposal, the
Defendants violated Condition II.12.d of the WEU Permit, and thereby also violated Section
21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2018).
WINNEBAGO RECLAMATION SERVICE, INC., on Count IV:
1. Finding that the Defendants have violated Sections 55(b-1) and 21(d)(1) of the
Act, and Condition II.12.d of the WEU Permit;
2. Enjoining the Defendants from further violations of Sections 55(b-1) and 21(d)(1)
of the Act, and Condition II.12.d of the WEU Permit;
($50,000.00) for each and every violation of Sections 55(b-1) and 21(d)(1) of the Act, and
Condition II.12.d of the WEU Permit, and an additional penalty of Ten Thousand Dollars
($10,000.00) for each day of violation;
22
of the action; and
COUNT V
FAILURE TO PREVENT ACCUMULATIONS OF STANDING WATER
1-23. , Plaintiff realleges and incorporates by reference herein paragraphs 1 through 10,
paragraph 17, and paragraphs 39 through 40 of Count I, and paragraphs 39 through 48 of Count
II, as paragraphs 1 through 23 of this Count V.
24. Operation of a sanitary landfill requires covering waste with an approved cover
material. During periods of active waste disposal, waste is required to be covered with "daily
cover" at the end of the operating day. Inactive portions of an operating unit at a Landfill are
required to be covered by "intermediate cover" until the disposal unit is at capacity and "closed".
Closure of a landfill unit includes the installation of "final cover" and vegetation.
25. Unless intermediate cover is constructed to prevent surface ponding of water,
accumulations of water can migrate into the underlying waste, resulting in excessive generation
of landfill gas and leachate.
26. On May 11, 2016, an Illinois EPA inspector visited an area of the North Expansion
Unit ("NEU") of the Landfill that was under intermediate cover. The inspector observed a large
accumulation of standing water in an area where the Defendants had failed to grade the surface to
provide for runoff of water after rain and snow events.
Section 811.313 Intermediate Cover
23
b) All areas with intermediate cover shall be graded so as to facilitate
drainage of runoff and minimize infiltration and standing water.
c) The grade and thickness of intermediate cover shall be maintained until

the placement of additional wastes or the final cover. All cracks, rills,
gullies and depressions shall be repaired to prevent access to the solid
waste by vectors, to minimize infiltration and to prevent standing water.
28. The Defendants failed to grade and maintain the intermediate cover on the NEU
to prevent ponding of water and minimize infiltration into the waste disposed in the NEU.
Because of this failure, a large quantity of water accumulated and ponded on the intermediate'
cover, increasing the likelihood of generation of excessive generation of landfill gas and
leachate.
29. By failing to grade and maintain the intermediate cover on the NEU to facilitate
drainage, the Defendants violated Section 811.313 of the Board Waste Disposal regulations, 35
Ill. Adm. Code 811.313, and thereby also violated Section 21(d)(2) of the Act, 415 ILCS
5/212(d)(2) (2018).
WINNEBAGO RECLAMATION SERVICE, INC., on Count V:
1. Finding that the Defendants have violated Section 21(d)(2) of the Act, and 35 Ill.
Adm. Code 811.313;
24
2. Enjoining the Defendants from further violations of Section 21(d)(2) of the Act,
and 35 Ill. Adm. Code 811.313;
3. Ordering the Defendants to grade and maintain all areas of the Landfill which are
under intermediate cover in such manner as to promote water drainage and prevent poriding of
water on the surface of the intermediate cover;
($50,000.00) for each and every violation of Section 21(d)(2) of the Act, and 35 Ill. Adm. Code
811.313, and an additional penalty of Ten Thousand•Dollars ($10,000.00) for each day of
violation;
of the action; and
COUNT VI
UNPERMITTED DISPOSAL OF LANDSCAPE WASTE
and paragraphs 39 through 40 of Count I, paragraphs 39 through 48 of Count II, and paragraph
20, of Count III, as paragraphs 1 through 23 .of this Count VI.
24. On May 11, 2016, an Illinois EPA inspector visited an area of intermediate cover
along a side slope of the NEU.
25, The inspector observed that the Defendants had dumped a large quantity of
processed landscape waste along the side slope of the NEU for use as an insulator for landfill gas
25
header piping.
26. The Landfill's Illinois EPA permits restrict the use of processed landscape waste.
In accordance with the Landfill's permits, processed landscape waste may only be used for
alternate daily cover within permitted waste disposal cells. The Defendants use of the processed
landscape waste as an insulator for piping was not allowed under either the NEU or the WEU
Permits. In addition, the side slope of the NEU where the piping was located was not permitted
to accept processed landscape waste for dumping or disposal.
27. On August 3, 2016, the Illinois EPA inspector performed another inspection of
the Landfill. The inspector observed that processed landscape waste first observed on May 11,
2016 was still present at the unpermitted location on the NEU.
28. Section 21(e) of the Act, 415 ILCS 5/21(e) (2018), provides as follows:
No person shall:
e. Dispose, treat, store or abandon any waste, or transport any waste into this
State for disposal, treatment, storage or abandonment, except at a site or
facility which meets the requirements of this Act and of regulations and
standards. thereunder.
* *
29. The slope of the NEU where the processed landscape waste was disposed, stored,
or abandoned was not permitted by the Illinois EPA for the storage or disposal of processed
landscape waste, and therefore does not meet the requirements of the Act or regulations and
standards promulgated under authority provided in the Act.
30. Section 21(o) of the Act, 415 ILCS 5/21(o) (2018), provides, in pertinent part, as
follows:
26
No person shall:
(o) Conduct a sanitary landfill operation which is required to have a permit under
Section (d) of this Section, in a manner which results in any of the following
conditions:
* * *
(9) Deposition of refuse in any unpermitted portion of the landfill.
31. Condition II of the NEU Permit provides, in pertinent part, as follows:
* * *
2. The operator of this solid waste facility shall not conduct the
operation in a manner which results in any of the following:
* *
i. deposition of refuse in any unpermitted (i.e. without an

Illinois EPA approved signification modification
authorizing operation) portion of the landfill;
32. The processed landscape waste dumped by the Defendants on the side slope of the
NEU is "discarded material" and therefore "waste" as that term is defined by Section 3.535 of the
Act, 415 ILCS 5/3.535 (2018), and also "refuse" as that term is defined by Section 3.385 of the
Act, 415 ILCS 5/3.385 (2018).
33. The Defendants dumped and deposited processed landscape waste in an area not
permitted for the disposal or deposit of processed landscape waste. By disposing of waste in an.
area not permitted for that category of waste, the Defendants violated Sections 21(e) and
21.(o)(9) of the Act, 415 ILCS 5/21(e) and 5/21(o)(9) (2018), and Condition II.2.i of the NEU
Permit. By violating a condition of the NEU Permit, the Defendants thereby also violated
27
Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2018).
WINNEBAGO RECLAMATION SERVICE, INC., on Count VI:
1. Finding that the Defendants have violated Sections 21(e), 21(o)(9), and 21(d)(1)
of the Act;
2. Enjoining the Defendants from further violations of Sections 21(e), 21(o)(9), and
21(d)(1) of the Act;
($50,000.00) for each and every violation of Sections 21(e), 21(o)(9), and 21(d)(1) of the Act,
and an additional penalty of Ten Thousand Dollars ($10,000.00) for each day of violation;
of the action; and
COUNT VII
FAILURE TO PREVENT MUD TRACKING ON PUBLIC HIGHWAYS
and paragraphs 39 through 40 of Count I, paragraphs 39 through 48 of Count II, and paragraph
28
20, of Count III, as paragraphs 1 through 23 of this Count VII.
24. Trucks and other vehicles entering the Landfill for the purpose of dumping refuse
in the West Expansion Unit generally enter the Landfill off of Lindenwood Road. Traffic
leaving the Landfill after dumping travels Lindenwood Road north to Baxter Road. Traffic
returning to Interstate 1-39 generally travels east on Baxter Road from its intersection with.
Lindenwood Road.
25. Waste trucks intending to dump in the West Expansion Unit drive inside the
Landfill to the then-active dumping face of the West Expansion Unit. During the process of
entering the Landfill, driving to the active dumping face, and exiting the Landfill, mud and soil
can accumulate on truck tires. Unless removed prior to leaving the Landfill, the mud and soil
accumulated during the dumping process can dump and spill on Lindenwood Road, creating
dangerous driving conditions on these public roadways.
26. Removing accumulated mud and soil from truck tires at a landfill can be
accomplished by a number of methods, including utilization of a wheel wash, installation of
"rumble strips" inside a landfill, and_ careful inspection of truck tires by landfill personnel prior
to allowing empty trucks to leave the landfill premises.
27. On December 18, 2018, an Illinois EPA inspector visited the Landfill to perform
an inspection. Prior to entering the Landfill, the inspector observed a track of mud and soil
leading from the Landfill onto the northbound lane of Lindenwood Road. The inspector also
observed a track of mud and soil extending onto the eastbound lane of Baxter Road.
28. On January 17, 2019, the Illinois EPA inspector again traveled to the vicinity of
the Landfill in response to a citizen complaint about mud on the roadways. The inspector again
29
observed a track of mud and soil coming from the Landfill and leading up to Baxter Road.
29. On February 5, 2019, the Illinois EPA inspector again observed a track of mud
leading from the main entrance of the Landfill on Lindenwood Road extending south on
Lindenwood Road in the direction of the Landfill's East Expansion Unit.
30. Soil and mud tracking issues have continued to cause problems on public
highways in the vicinity of the Landfill. On November 14, 2019, the Illinois EPA inspector
again observed mud-tracking issues on Lindenwood and Baxter Roads in the vicinity of the
Landfill.
31. Section 811.101 of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
Section 811.101 Scope and Applicability
The standards of this Part apply to all new landfills, except as otherwise provided '
in 35 Ill. Adm. Code 816 and 817, and except those regulated pursuant to 35 Ill.
Adm. Code 700 through 749. Subpart A contains general standards applicable to
all new landfills. Subpart B contains additional standards for new landfills which
dispose of only inert wastes. Subpart.0 contains additional standards for new
landfills which dispose of chemical and putrescible wastes.
810.103, provides, in pertinent part, the following definition:
"New facility" or "New unit" means a solid waste landfill facility or a unit at a
facility, if one or more of the following conditions apply:
It is a landfill or, unit exempt from permit requirements pursuant to Section

21(d) of the Act that had not yet accepted any waste as of September 18,
1990;
It is a landfill or unit not exempt from permit requirements pursuant to

Section 21(d) of the Act that had no development or operating permit
30
issued by the Agency pursuant to 35 Ill. Adm. Code 807 as of September
18, 1990; or
It is a landfill with a unit whose maximum design capacity or lateral extent

was increased after September 18, 1990.
33. The design maximum design capacity and lateral extent of the WEU and EEU
were increased after September 18, 1990. The Landfill is a "new landfill" as that term is used in
Section 811.101 of the Board Waste Disposal regulations, 35 Ill. Adm. Code 811.101.
34. • Section 811.107 of the Board Waste Disposal regulations, 35 Ill. Adm. Code
Section 811.107 Operating Standards
1) Mud Tracking. The facility must implement methods, such as use of

wheel washing units, to prevent tracking of mud by hauling vehicles onto
public roadways.
35. Condition 11.23 of the WEU Permit provides, as follows:
23. The Operator shall implement methods to prevent tracking of mud by

hauling vehicles onto public roadways.
36. The Defendants have failed to install effective units to prevent mud tracking by
vehicles leaving the Landfill, resulting in accumulations of mud on Lindenwood Road and
Baxter Road, public roadways in the vicinity of the Landfill.
37. By failing to install and operate effective methods, such as wheel washing units,\
to prevent mud being tracked out of the Landfill onto public roadways, the Defendants violated
Section 811.107(1) of the Board Waste Disposal replations, 35 III. Adm. Code 811.107(1), and
31
Section 21(d)(2) of the Act, 415 ILCS 5/21(d)(2) (2018).
38, By failing to comply with Condition 11.23 of the WEU Permit, the Defendants
violated the WEU Permit, and thereby also violated Section 21(d)(1) of the Act, 415 ILCS
5/21(d)(1) (2018).
WINNEBAGO RECLAMATION SERVICE, INC., on Count VII:
Finding that the Defendants have violated Sections 21(d)(1) and 21(d)(2) of the
Act, 35 Ill. Adm. Code 811.107(1), and Condition 11.23 of the WEU Permit;
2. Enjoining the Defendants from further violations of Sections 21(d)(1) and
21(d)(2) of the Act, 35 Ill. Adm. Code 811.107(1), and Condition 11.23 of the WEU Permit;
3. Ordering the Defendants to immediately install and operate effective methods to
prevent all tracking of mud from the Landfill onto public roadways;
($50,000.00) for each and every violation of Sections 21(d)(1) and 21(d)(2) of the Act, 35 Ill.
Adm. Code 811.107(1), and Condition 11.23 of the WEU Permit, and an additional penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation;
32
of the action; and
COUNT VIII
VIOLATION OF COURT ORDER: FAILURE TO TAKE REQUIRED ACTION IN
RESPONSE TO LANDFILL GAS MALODORS
1-15. Plaintiff realleges and incorporates by reference herein paragraphs 1 through 15 of
Count I, as paragraphs 1 through 15 of this Count VIII.
16. On July 11, 2011, Plaintiff filed an eight-count complaint against Defendant WRS
alleging, inter alia, violations of the Act related to off-site air pollution from landfill gas emissions.
The case proceeded as People v. Winnebago Reclamation Services, Inc., 11 CH 1088 (Winnebago
County).
17. On April 8, 2015, this Court entered a Consent Order in Case No. 11 CH 1088
("April 8, 2015 Consent Order"). Section III.D.5 of the April 8, 2015 Consent Order provides, in
pertinent part, as follows:
Illinois EPA has reviewed and accepted Defendant's Standard Operating

Procedures Manual for Landfill Gas Collection and Control System ("GCCS
SOP"). A copy of the GCCS SOP is attached to this Consent Order as "Exhibit
A" and is incorporated by reference herein. Upon entry of the Consent Order,
WRS shall operate its GCCS in compliance with the GCCS SOP, and any
subsequent revisions....
18. The GCCS SOP incorporated into the April 8, 2015 Consent Order requires that
specific and enumerated actions be taken in response to off-site emissions of landfill gas. The
relevant provisions of the GCCS SOP include the following:
LFG [landfill gas] Migration and Malodor Control
33
LFG [landfill gas] Migration and Malodor Control
•
LFG will be measured at the perimeter of the unit as well as inside and around all
building [sic] on or near the site to ensure the protection of human health per the
following requirements:
1. A methane concentration greater than 50 percent of the lower explosive

limit in air is detected...;
2. Methane is detected at a concentration greater than 25 percent of the lower

explosive limit in air in any building...;
3. Malodors caused by the unit are detected beyond the property boundary.
If during the monitoring any of the above parameters are exceeded, than [sic] the
following corrective actions shall be taken:
1. Within two business days of the occurrence, the operator must notify the
Illinois EPA in writing using the form LPC-591. The notification must
identify the location of the occurrence and describe its nature
(quantitatively if possible).
If the gas exceedance is corrected within 30 days, a follow up LPC-591 form may
be submitted to the Illinois EPA describing the correction and providing
confirmation test results.
2. If a follow up LPC-591 is not submitted, then within 180 days of the

occurrence, the operator must submit to the Illinois EPA an application
for a significant modification that either:
a. proposes a gas collection/management system or, modifications to

the existing gas collection management system, or
b. demonstrates that the facility is not the cause of the occurrence.
[See the April 8, 2015 Consent Order, attached as Exhibit A, pp. 8-9, to the initial
filed Complaint in this matter, which is incorporated herein by reference.]
19. On March 28, 2016 and August 3, 2016, malodors from landfill gas generated at
the Landfill were detected outside of the property boundary. However, the Defendants failed to
34
submit an LPC-591 form to Illinois EPA at any time after these dates. The Defendants also failed
to submit a follow up LPC-591 form confirming correction of the malodor problem, and failed to
submit an application for a significant modification of its permit related to landfill gas emissions
or landfill gas control.
20. By failing to provide notice of malodors from landfill gas detected off-site to
Illinois EPA through submission of an LPC-591 form, and by failing to follow up with either an
additional submission or application for permit modification, the Defendants failed to operate its
GCCS in compliance with the provisions of the GCCS' SOP. The Defendants thereby violated
Section III.D.5 of the April 8, 2015 Consent Order.
21. Section III.B of the April 8, 2015 Consent Order provides, as follows:
B. Stipulated Penalties, Interest and Default
1. If the Defendant fails to complete any activity or fails to comply with any
response or reporting requirement by the date specified in this Consent
Order, the Defendant shall provide notice to the Plaintiff of each failure to
comply with this Consent Order and shall pay stipulated penalties in the
amount of Two Hundred Fifty Dollars ($250.00) per day until such time
that compliance is achieved. The Plaintiff may make a demand for
stipulated penalties upon the Defendant for its noncompliance with this
Consent Order. However, failure by the Plaintiff to make this demand
shall not relieve the Defendant of the obligation to pay stipulated
penalties. All stipulated penalties shall be payable within thirty (30)
calendar days of the date the Defendant knows or should have known of
its noncompliance with any provision of this Consent Order.
2. If the Defendant fails to make any payment required by this Consent Order
on or before the date upon which the payment is due, the Defendant shall
be in default and the remaining unpaid balance of the penalty, plus any
accrued interest, shall be due and owing immediately. In the event of
default, the Plaintiff shall be entitled to reasonable costs of collection,
including reasonable attorney's fees.
35
3. Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2018), interest
shall accrue on any penalty amount owed by the Defendant not paid within
the time prescribed herein. Interest on unpaid penalties shall begin to
accrue from the date such are due and continue to accrue to the date full
payment is received. Where partial payment is made on any penalty
amount that is due, such partial payment shall be first applied to any
interest on unpaid penalties then owing.
22. As of the date of filing this Complaint, the Defendants have not made any payment
of stipulated penalties to Plaintiff for its failure to comply with Section III.D.5 of the April 8, 2015
Consent Order, and are in default in accordance with Section III.B.2 of the April 8, 2015 Consent
Order.
23. Section III.F of the April 8, 2015 Consent Order provides, in pertinent part, as
follows:
F. Enforcement and Modification of Consent Order
1. This Consent Order is a binding and enforceable order of this Court. This
Court shall retain jurisdiction of this matter and shall consider any motion
by any party for the purposes of interpreting and enforcing the terms and
conditions of this Consent Order.. .
24. Violations of the April 8, 2015 Consent Order will continue unless and until this
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests

I
that this Court enter an Order in favor of Plaintiff and against the Defendants, WINNEBAGO
RECLAMATION SERVICE, INC., and WINNEBAGO LANDFILL COMPANY LLC, on
Count VIII:
1. Finding the Defendants in violation of the April 8, 2015 Consent Order entered by
this Court; (
36
2. Ordering the Defendants to comply with all provisions of the April 8, 2015 Consent
Order, including but not limited to, Section III.D.5 and the GCCS SOP;
3. Assessing stipulated penalties in the amount of $250.00 per day from March 30,
2016 until the Defendants fully comply with Section III.D.5 of the April 8,.2015 Consent Order
and the provisions of the GCCS SOP;
4. Awarding interest on unpaid stipulated penalties to Plaintiff in accordance with
Section 111.13.3 of the April 8, 2015 Consent Order;
5. Awarding Plaintiff the reasonable cost of collection of unpaid stipulated penalties,
including reasonable attorney fees, in accordance with Section 111.8.2 of the April 8, 2015 Consent
order; and
6. Granting such other relief as the Court deems appropriate and just.
COUNT IX
VIOLATION OF COURT ORDER: FAILURE TO COMPLY WITH
REPORTING AND RESPONSE REQUIREMENTS RELATED TO
OXYGEN EXCEEDANCES IN LANDFILL GAS COLLECTION WELLS
1. This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
by KWAME RAOUL, Attorney General of the State of Illinois, on his own motion pursuant to
the terms and provisions of Section 42(e) of the Act, 415 ILCS 5/42(e) (2018).
2-19. Plaintiff realleges and incorporates by reference herein paragraphs 2 through 15 of
Count I, and paragraphs 16 throughl7 and 21 and 23 of Count VIII, as paragraphs 2 through 19 of
this Count IX.
20. Landfill gas generated within landfills contains carbon dioxide, methane, reduced
sulfur compounds and a very small amount of oxygen. Elevated levels of oxygen in landfill gas
37
collection wells can be the result of insufficient or poorly maintained landfill cover, which allows
migration of oxygen from the atmosphere into the laridfill. Inadequate or poorly maintained cover
also allows landfill gas to escape to the atmosphere, causing an off-site odor nuisance.
Accordingly, elevated oxygen levels in wells indicates an increased risk of air pollution from
landfill gas emissions.
21. When oxygen levels exceed 5% in landfill gas wells, the risk of a subsurface landfill
fire increases. A subsurface landfill fire can destroy the structural integrity of the landfill gas and
leachate collection equipment, resulting in the uncontrolled release of landfill gas and leachate to
the environment.
22. Pursuant to Federal and State regulations, the Defendants are required to test on-
site landfill gas collection wells for oxygen content monthly.
23. On numerous occasions between January 1, 2019 through October 2019, landfill
gas wells at the Landfill contained oxygen levels well in excess of 5%. Results from testing
conducted by the Defendants during this period showed the following oxygen exceedances:
JANUARY 2019
Well # Unit Date Time % Oxygen
GW-103 North 28 17:41 6.7
GW-103 North 26 ? 6.7
GW-191 North 26 15:21 6.3
GW-191 North 26 15:20 6.2
FEBRUARY 2019
GW-113 North 27 14:20 7.2
GW-113 North 27 14.19 7.2
GW-122 North 25 10:31 6.5
GW-122 North 25 10:30 5.9
GW-142 North 25 10;54 22.8
GW-142 North 25 10:53 22.9
38
GW-150 North 26 13:49 23.4
GW-150 North 26 13:48 23.8
GW-152 North 25 10:57 16.5
GW-152 North 25 10:56 16.7
GW-WH North 25 10:58 24.4
GW-WH North 25 10:58 23.3
GW-S-1 South 27 10:41 13.8 .
GW-S-1 South 27 10:40 14.9
GW-S-13A South 27 10:52 12.5
GW-S-13A South 27 10:52 12.5
GW-S-18A South 27 10:56 6.2
GW-S-18A South 27 10:55 6
MARCH 2019
NE-34 North Exp. 27 8:19 9.6
NE-34 North Exp. 27 8:19 9.4
NE-44A North Exp. 28 13:28 12.5
NE-44A North Exp. 27 8:19 15.3
NE-46 North Exp. 28 13:34 20.2
NE-46 North Exp. 26 9:40 12.8
APRIL 2019
NE-45 North Exp. 29 (3) 12:54 7.8
NE-45 North Exp. 29 12:54 6.3
NE-73 North Exp. 22 13:05 11.1
NE-73 North Exp. 22 13:01 11.3
MAY 2019
GW-S-13A South 31 10:59 16.2
GW-S-13A South 31 10:58 16.1
GW-S-18A South 31 10:56 14.7
GW-S-18A South 31 10:55 14.7
GW-S-22A South 31 10:56 16.9
GW-S-22A South 31 10:53 13.6
JUNE 2019
GW-132 North 17 10:09 6.6
GW-132 North 17 10:08 6.3
39
GW-141 North 17 10:11 •6
GW-141 North 17 .10:11 6
GW-142 North 17 13:55 22.6
GW-142 North 17 13:54 . . 22.6
GW-MH North 17 14:01 21.8
GW-MH North - 17 14:01 19
AUGUST 2019
GW-101 North 23 10:07 .12.8
GW-101 North • 19 11:54 11.4
GW-150 North 23 9:52 10.1
GW-150 North 23 9:52 9.8
SEPTEMBER 2019
GW-101 North 24 9:22 10.3
GW-101 North 24 9:22 10.4
GW-142 North 25 7:51 10.3
GW-142 North 25 7:51 • 10.2
GW-162 North 23 1304 13
GW-162 North 23 13:09 10.3
GW-S-10 South 25 9:30 15.5
GW-S-10 South 25 9:32 14.3
GW-S-13A South 24 10:20 12.2
GW-S-13A South 26 13:38 12.7
24. The Defendants failed to notify Illinois EPA that the multiple and, significant
oxygen exceedances between January 2019 and September 2019 were an issue or problem at the
Landfill. The Defendants also failed to notify Illinois EPA of any remedial action taken in
response to the oxygen exceedances. On information and belief, the Defendants also failed to
increase or repair the landfill cover or take other effective remedial action to correct the oxygen
exceedances in landfill gas wells.
25. Condition III.D.13 of the April 8, 2015 Consent Order provides, as follows:
40
Reporting
Beginning on the first business day of the calendar quarter following entry of this
Consent Order, and continuing on a monthly basis until Plaintiff approves cessation
or an alternate schedule of such reports in accordance with Section III.J.2 of this
Consent Order, WRS shall perform a review of the GCCS performance. Findings
and conclusions related to such review shall be described in a written report to the
Plaintiff consistent with the requirements of this Section. The monthly report shall
be submitted on the 30th day following the period for which the report is required.
The reports shall include:
i. Narrative
a. Activities undertaken during the reporting period;

b. Planned activities for the next two months;
c. An explanation of any issues/problems encountered during the
reporting period and their resolution(s);
d. Discussion of both Odor Complaints and Community Survey Data.
26. The GCCS SOP, attached to and incorporated into the April 8, 2015 Consent
Order, provides, in pertinent part, as follows:
Well.Field Monitoring Schedule and Tuning Frequency
The purpose of balancing and tuning a wellfield is to ensure effective LFG

["landfill gas"] control in accordance with the following requirements:
-Federal, state, and local regulations;

-Facility permits;
-Controls odors, lateral migration, and fugitive surface emissions of landfill gas
-minimizes the risk of subsurface oxidation; and
-Promotes 'a stable LFG generation rate
The following standard procedures should be undertaken when monitoring at the

wells:
1. At a minimum, monitor and tune the entire wellfield one time per
month....if site specific conditions warrant, additional frequency may be
required.
41
r. for high > 5% oxygen levels at the wellheads, follow Appendix A
High Oxygen Monitoring/Troubleshooting Wellhead Procedures:
2. Perform NSPS/EG 5-day corrective actions on the same day that the
parameter is [sic] exceeded the limit, if possible.
3. Perform any additional monitoring and troubleshooting, once required site

tuning has been completed. •
27. The Defendants submitted the required monthly reports to Illinois EPA for each
operating month from January through October 2019. However, despite being aware of the
multiple oxygen level exceedances in landfill gas wells, the Defendants did not list or describe
the exceedances as an "issue or problem" in any monthly report as required by the April 8, 2015
Consent Order. The Defendants thereby violated Condition III.D.13 of the April 8, 2015
Consent Order.
28. The Defendants' monthly reports for January through October 2019 did not
provide any information on a proposed resolution of the oxygen exceedances or any information
on planned activities to address the oxygen exceedances. On information and belief, the
Defendants did not take any corrective action to prevent air infiltration into the landfill or
identify any other source causing the 2019 oxygen exceedances. The Defendants thereby
violated the terms of the GCCS SOP, and thereby violated the April 8, 2015 Consent Order.
29. As of the date of filing this Amended Complaint, the Defendants have not made
any payment of stipulated penalties to Plaintiff for its failure to comply with Section 111.D.13 of
the April 8, 2015 Consent Order and the GCCS SOP, and are in default in accordance with Section,
III.B.2 of the April 8, 2015 Consent Order. •
42
30. Violations of the April 8, 2015 Consent Order will continue unless and until this
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that this Court enter in favor of Plaintiff and against the Defendants, WINNEBAGO •
RECLAMATION SERVICE, INC., and WINNEBAGO LANDFILL COMPANY LLC, on
Count IX:
1. Finding the Defendants in violation of the April 8, 2015 Corlsent Order entered by
this Court;
2. Ordering the Defendants to comply with all provisions of the April 8, 2015 Consent
Order, including but not limited to, Condition III.D.13 and the GCCS SOP;
3. Assessing stipulated penalties in the amount of $250.00 per day from January 1,
2019 until the Defendants fully comply with Section III.D.13 of the April 8, 2015 Consent Order
and the provisions of the GCCS SOP;
4. . Awarding interest on unpaid stipulated penalties to Plaintiff in accordance with
Section III.B.3 of the April 8, 2015 Consent Order;
5. Awarding Plaintiff the reasonable cost of collection of unpaid stipulated penalties,
including reasonable attorney fees, in accordance with Section III.B.2 of the April 8, 2015 Consent
order; and
6. Granting such other relief as the Court deems appropriate and just.
43
COUNT X
VIOLATION OF NEW SOURCE PERFORMANCE STANDARDS
1-18. Plaintiff realleges and incorporates by reference herein paragraphs 1 and 21 of
Count IX, and paragraphs 2 through 15, and paragraphs 39 through 40, of Count I, as paragraphs
1 through 18 of this Count X.
19. The Defendants own and operate a landfill gas collection and control system at the
Landfill.
20. Pursuant to authority under Section 111 of the federal Clean Air Act, 42 U.S.C.
7411, the United States Environmental Protection Agency ("USEPA") has promulgated New
Source Performance Standard regulations ("NSPS") applicable to owners and operators of
municipal solid waste landfills.
21. Section 60.753 of the NSPS regulations, 40 C.F.R § 60.753, provides, in pertinent
part, as follows:
§ 60.753 Operational standards for collection and control systems
Each owner or operator of an MSW landfill with a gas collection and control system used
to comply with the provisions of § 60.752(b)(2)(ii) of this subpart shall:
* *
(c) Operate each interior wellhead in the collection system with a landfill gas
temperature less than 55. °C and with either a nitrogen level less than 20 percent
Or an oxygen level less than 5 percent. The owner or operator may establish a
higher operating temperature, nitrogen, or oxygen value at a particular -well. A
higher operating value demonstration shall show supporting data that the elevated
parameter does not cause fires or significantly inhibit anaerobic decomposition by
killing methanogens.
* * *
44
(g) If monitoring demonstrates that the operational requirements in paragraphs (b),
(c), or (d) of this section are not met, corrective action shall be taken as specified
in § 60.755(a)(3) through (5) or § 60.755(c) of this subpart. If corrective actions
are taken as specified in § 60.755, the monitored exceedance is not a violation of
the operational requirements in this section.
22. Section 60.755 of the NSPS regulations, 40 C.F.R. § 60.755, provides, in
pertinent part, as follows:
§ 60.755 Compliance provisions
(a) Except as provided in § 60.752(b)(2)(i)(B), the specified methods in paragraphs

(a)(1) through (a)(6) of this section shall be used to determine whether the gas
collection system is in compliance with § 60.752(b)(2)(ii).
(5) For the purpose of identifying whether excess air infiltration into the
landfill is occurring, the owner or operator shall monitor each well
monthly for temperature and nitrogen or oxygen as provided in
§60.753(c). If a well' exceeds one of these operating parameters, action-
shall be initiated to correct the exceedance within 5 calendar 'days. ..
follows:
* * *
(d) No person shall:
(1) violate any provisions of Section 111, 112, 165 or 173 of the Clean
Air Act; as now or hereafter amended, or federal regulation
adopted pursuant thereto;
* * *
24. The Defendants did not supply any information in its required monthly reports
regarding the oxygen exceedances, a planned remedy for the exceedences, or work performed to
45
resolve the exceedances. On information and belief, the Defendants did not take any corrective
action to prevent air infiltration into the landfill or identify any other source causing the 2019
oxygen exceedances.
25. By failing to take action in response to the 2019 oxygen exceedances in landfill
gas extraction wells, the Defendants violated Sections 60.753 and 60.755 of the NSPS
regulations, 40 C.F.R. §§60.753 and 60.755, and thereby also violated Section 9.1(d)(1) of the
Act, 415 ILCS 5/9.1(d)(1) (2018).
WINNEBAGO RECLAMATION SERVICE, INC., on Count X:
1. Finding that the Defendants have violated Section 9.1(d)(1) of the Act, and 40
C.F.R. §§60.753 and 60.755;
2. Enjoining the Defendants from further violations of Section 9.1(d)(1) of the Act,
and 40 C.F.R. §§60.753 and 60.755,
($50,000.00) for each and every violation of Section 9.1(d)(1) of the Act, and 40 C.F.R.
§§60.753 and 60.755, and an additional penalty of Ten Thousand Dollars ($10,000.00) for each
day of violation;
46
of the action; and
PEOPLE OF THE STATE OF ILLINOIS

ex rel. KWAME RAOUL,
Attorney General of the •
State of Illinois
MATTHEW J. DUNN, Chief

Environmental Enforcement/Asbestos
Litigation Division
BY: a,Le71 Wattee-

ZA TH WALLACE, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel:
Christopher Grant
Senior Assistant Attorney General
Karen Howard
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, IL 60602
(312) 814-5388
(312).814-5361
Primary e-mail address: cgrant@atg.state.il.us
Secondary e-mail address: mcacaccio@atg.state.il.us
47

Winnebago Landfill Amended Complaint

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Winnebago Landfill Amended Complaint

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**ELECTRONICALLY FILED**

DOC ID: 7792337

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

PEOPLE OF THE STATE OF ILLINOIS, )

FIRST AMENDED COMPLAINT FOR INJUNCTION AND OTHER RELIEF

Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, ex rel. KWAME RAOUL, Attorney

Environmental Protection Agency ("Illinois EPA"), complains of the Defendants,

WINNEBAGO LANDFILL COMPANY LLC, and WINNEBAGO RECLAMATION

SERVICE, INC., as follows:

1. This Amended Complaint is brought on behalf of the PEOPLE OF THE STATE

Environmental Protection Act ("Act"), 415 ILCS 5/42 (2018).

the duty of enforcing the Act.

3. Defendant WINNEBAGO LANDFILL COMPANY LLC ("WLC") is an Illinois •

4. Defendant WINNEBAGO RECLAMATION SERVICE, INC. ("WRS") is an

the manager of Defendant WLC in Illinois Secretary. of State Records.

5. WLC is the owner of the Winnebago Landfill ("Landfill"), a municipal solid

6. The Landfill consists of four Illinois EPA-permitted units, specifically the

7. The North Expansion Unit consists of approximately 66 acres and is bordered by

Expansion Unit remain under intermediate cover.

9. The West Expansion Unit consists of approximately 57 acres and is bordered by

and is currently accepting waste.

carbon dioxide (collectively "landfill gas").

considers hydrogen sulfide to be an "extremely hazardous gas".

off-site odor nuisance.

17. "Intermediate cover" consists of approximately 12 inches of soil, which is placed

partially effective as a barrier against landfill gas migration to the atmosphere.

non-functioning or insufficient landfill gas collection system.

increased methane levels can be detected at the surface of a landfill.

outside of the Landfill boundary.

the inspector deteCted a noxious odor, typical of landfill gas.

boundary of the Landfill.

MONTH LANDFILL GAS ODOR COMPLAINTS

August 2019 42 '

the night and prevented him from getting back to sleep.

headaches and made family members nauseous.

from the south-southeast.

odors to the communities in the vicinity of the Landfill.

regulations, 35 Ill. Adm. Code 201.141, provides, as follows:

Prohibition of Air Pollution

No person shall cause or threaten or allow the discharge or emission of any

"Personi' is any individual, partnership, co-partnership, firm, company, limited

Act, 415 ILCS 5/3.315 (2018).

Section 3.165 of the Act, 415 ILCS 5/3.165 (2018).

WINNEBAGO LANDFILL COMPANY LLC, on Count I:

35 Ill. Adm. Code 201.141;

3. Ordering the Defendants to take immediate action to prevent the emission of

landfill gas from the Landfill;

for each day of violation;

the State in its pursuit of the action; and

(d) Conduct any waste storage, waste-treatment, or waste disposal operation:

(2) In violation of any regulations or standards adopted by the Board

"REFUSE" means waste.

Section 3.385 of the Act, 415 ILCS 5/3.385 (2018).

ILCS 5/21(d) (2018).

Part 811 ("Board Waste Disposal regulations).

811.301, provides, in pertinent part, as follows:

In addition to the requirements of Subpart A, the standards of this Subpart apply

810.103, provides the following definitions:

Subpart C, provides, in pertinent part, as follows:

Section 811.311 Landfill Gas Management System

3) Malodors caused by the unit are detected beyond the property .

d) Standards for Gas Collection Systems

1) Gas collection systems may be installed either within the perimeter

51. By failing to design a landfill gas management system to prevent off-site

ELECTRONICALLY FILED