D&L Landfill, Inc. v. Illinois Pollution Control Board
2017 IL App (5th) 160071
Ill. App. Ct.2017Background
- D&L Landfill (a Part 807 landfill) closed operations and obtained IEPA closure permits in the 1990s; IEPA designated August 31, 1996 as the start of the 15‑year post‑closure period.
- D&L applied in 2012 to certify completion of post‑closure care, acknowledging some groundwater parameters exceeded Part 620 standards but argued trends were improving and monitoring could be discontinued.
- IEPA inspections and data review (2013–2014) found erosion/cover issues (later repaired) and multiple groundwater exceedances (inorganics and organics) above naturally existing values and Part 620 standards.
- IEPA denied certification under 35 Ill. Adm. Code 807.524(c) because it could not determine the site "will not cause future violations" of the Act or Part 807 given ongoing groundwater exceedances; IEPA required continued monitoring.
- D&L appealed to the Pollution Control Board; cross‑motions for summary judgment were filed. The Board upheld IEPA’s denial, concluding 22.17(a) permits extension beyond 15 years when other regulations (e.g., 807.524(c)) require it and that Part 620 applies to Part 807 landfills.
- D&L sought administrative review in the appellate court raising three primary challenges: (1) statutory 15‑year limit on post‑closure monitoring, (2) it had abated cover issues so no further action required, and (3) Part 620 standards do not apply to Part 807 landfills.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 22.17(a) limits post‑closure monitoring to 15 years absent a regulation expressly extending that term | D&L: 22.17(a) creates a fixed 15‑year post‑closure period; extension requires a regulation that expressly increases the years | IEPA: 22.17(a) sets a minimum; other Board/federal regs (e.g., 807.524(c)) can require a longer period when future violations are possible | Court: 22.17(a) is a minimum; Board regs may extend monitoring beyond 15 years to avoid future violations and to harmonize statutory/regulatory scheme |
| Whether sections 807.313 and 807.315 (prohibiting contamination and requiring proof no damage to waters) apply after landfill stops accepting waste | D&L: These provisions refer to operation/development and thus do not apply once the landfill is closed | IEPA: Prior operation can cause ongoing violations; the prohibitions remain applicable to site impacts even after closure | Court: Provisions apply; operation during waste acceptance can create continuing violations after closure |
| Whether IEPA properly required further action/monitoring because D&L had repaired cover issues | D&L: Cover erosion was abated and groundwater trends were improving; no abatement directive was given or needed | IEPA: Groundwater exceedances remained unaddressed and, under 22.17(a) and 807.524(c), IEPA may require ongoing monitoring until standards are met | Court: IEPA permissibly denied certification and required continued groundwater monitoring due to remaining exceedances |
| Whether Part 620 groundwater standards apply to Part 807 landfills | D&L: Part 807 landfills are not required to meet Part 620 standards for post‑closure certification (relies on Jersey Sanitation) | IEPA: Part 620 contains no exemption for Part 807 landfills; prior Board decisions found Part 620 applicable | Court: Part 620 applies; absence of an exemption and Board precedent support application; Jersey Sanitation does not preclude enforcement of Part 620 when exceedances occur |
Key Cases Cited
- Branson v. Department of Revenue, 168 Ill. 2d 247 (agency statutory interpretation relevant but not binding)
- Kean v. Wal‑Mart Stores, Inc., 235 Ill. 2d 351 (rules of statutory construction apply to administrative regulations)
- Jersey Sanitation Corp. v. Illinois Environmental Protection Agency, 336 Ill. App. 3d 582 (2003) (permit appeal interpreting post‑closure monitoring requirements; monitoring requirements depend on plan and standards)
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 (statutory provisions should be harmonized; avoid rendering any part superfluous)
- Citizens Opposing Pollution v. ExxonMobil Coal U.S.A., 2012 IL 111286 (presumption against absurd or unjust statutory results)
- People ex rel. Glasgow v. Carlson, 2016 IL 120544 (courts should not read into statutes exceptions not expressed by the legislature)