5. The State of Illinois, through the Illinois Attorney General’s Office and the Illinois EPA, reserve the right to pursue any future criminal or civil violations related to any future contamination of the environment from the MGP wastes already accepted at Clinton Landfill, and any remedies available under the law, including but not limited to the removal of the waste material causing the contamination.
14 LOCAL GOVERNMENTS TO CONSIDER MAHOMET AQUIFER CONSENT DECREE
Champaign – A proposed consent decree has been drafted between Illinois Attorney General Lisa Madigan, Clinton Landfill, Inc., and 14 local government agencies, which comprise the Mahomet Aquifer Coalition. Throughout the month of September, each agency will review and take action on the proposed agreement. If approved by all parties, the consent decree would resolve the pending litigation regarding the disposal of certain hazardous materials in a landfill located above the Mahomet Aquifer. The Mahomet Aquifer is the primary source of drinking water for nearly 750,000 people in 14 Illinois counties.
The City of Champaign has served as the lead agency for the Coalition leading these efforts, including the litigation, the designation of the aquifer as sole source, and promoting legislation to protect the aquifer. The consent decree will appear before Champaign City Council at their September 1, 2015, regular meeting. The agreement would allow manufactured gas plant (MGP) waste already dumped at the landfill to remain. In exchange, Clinton Landfill, Inc. is barred from accepting any more MGP source material or submitting any more applications to dispose of MGP source materials or federally regulated PCB waste at any landfill facility anywhere in DeWitt County over the Mahomet Aquifer. Additionally, the landfill is required to receive at minimum, semi-annual groundwater monitoring, and must provide at least 12 additional inches of cover over the MGPs stored there. The proposed consent decree is available in its entirety on the City’s website at ci.champaign.il.us/aquifer
Below are detailed key points of the proposed consent decree:
1. Clinton Landfill, Inc. agrees to withdraw its application before the United States Environmental Protection Agency for approval to accept Polychlorinated Biphenyl (PCB) waste regulated by the Federal Toxic Substance Control Act in the chemical waste unit at the Clinton Landfill. They further agree not to seek future approval to dispose of said PCB waste in any landfill facility located anywhere in DeWitt County over the Mahomet Aquifer.
2. Clinton Landfill, Inc. agrees to not accept additional Manufactured Gas Plant (MGP) waste with chemical constituents in concentrations exceeding state regulatory limits for toxicity in the chemical waste unit. They also agree to not seek future permission from any regulatory body to accept such MGP waste at any landfill facility located anywhere in DeWitt County over the Mahomet Aquifer.
3. Clinton Landfill, Inc. agrees to cover the MGP waste already disposed of in the chemical waste unit (pursuant to an earlier Illinois EPA approval) with a 12 inch layer of impermeable clay soils. This is to prevent water and other liquids from other waste subsequently disposed of on top of the MGP waste from leaking into the MGP waste.4. Clinton Landfill, Inc. agrees to have properly licensed environmental testing professionals test the groundwater at Clinton Landfill for the presence of toxic chemicals commonly found in MGP wastes on a semiannual basis. Tests are to be conducted for the remaining operational life of the chemical waste unit and for the post-closure period of time (under current law a minimum of 30 years) and to provide those test results to the Illinois Environmental Protection Agency (EPA).