D&L Landfill, Inc. v. Illinois Pollution Control Board

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2017 IL App (5th) 160071
Decision Date: 
September 19, 2017
District: 
5th Dist.
Division/County: 
IPCB
Justice: 
WELCH
Holding: 
Affirmed.

Illinois EPA denied application for certification that Plaintiff had completed post-closure care of a sanitary landfill, because groundwater beneath site contained contaminants at levels in excess of Board’s groundwater quality regulations. Illinois Pollution Control Board (IPCB) intended that groundwater monitoring be a requirement of the permit and that, if exceedances of groundwater quality standards occurred, it was a violation of Illinois Environmental Protection Act. The unaddressed groundwater exceedances provided sufficient basis for IEPA’s denial of post-closure certification. (MOORE and OVERSTREET, concurring.)