PB99-963111
EPA541-R99-058
1999
EPA Superfund
Explanation of Significant Difference
for the Record of Decision:
Tri-County Landfill
Waste Management Illinois
South Elgin, IL
7/14/1999
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BOULEVARD
CHICAGO, ILLINOIS 60604
REPLY TO THE ATTENTION OF: SR-6J
MEMORANDUM
DATE:
SUBJECT:
FROM:
TO:
September 27, 1999
Explanation of Significant Differences (ESP)
Tri-County/Elgin Landfills Superfund Site
St. Charles Township, Kane County, Illinois
CERCLIS ID# ILD 048 306 138; Site Spill ID# 052G
John J. O'Grady (SR-6J)
Remedial Project Manager
Superfund Division
ROD CLEARINGHOUSE
Attached please find a hard-copy of the ESD for the Tri-County/Elgin Landfills Superfund
Site that was signed on July 14, 1999.
If you have any questions, please contact me at your earliest convenience.
Sincerely,
John J. O'Grady (SR-6J)
Remedial Project Manager
Superfund Division
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604-3590
Telephone: (312) 886-1477
Facsimile: (312) 886-4071
E-Mail: ogrady.johnj@epa.gov
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8
*. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGIONS
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590
REPLY TO THE ATTENTION OF SR-6J
EXPLANATION OF SIGNIFICANT DIFFERENCES
TRI-COUNTY-ELGIN LANDFILLS SUPERFUND SITE
ST. CHARLES TOWNSHIP, KANE COUNTY, ILLINOIS
I. Introduction
The Tri-County/Elgin Landfills Superfund Site (the Site) encompasses both the Tri-County and
Elgin Landfills. The Site is located in northeastern Illinois on the east side of Kane County near
the triple junction of Kane, Cook, and DuPage Counties. The Tri-County Landfill, an inactive
landfill of 46.3 acres, the 16.2-acre Elgin Landfill, and the Elgin-Wayne Property of 4.0 acres,
are located 2/3 of a mile southeast of the Village of South Elgin, St. Charles Township, Kane
County, Illinois.
Response actions at the Site are being taken under the authority of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the
Superfund Amendments and Reauthorization Act (SARA) and the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). The lead and support regulatory agencies for the
Site are the United States Environmental Protection Agency (U.S. EPA) and the Illinois
Environmental Protection Agency (Illinois EPA), respectively.
Section 117(c) of CERCLA and Section 300.435(c)(2)(i) of the NCP establish procedures for
explaining, documenting, and informing the public of significant changes to the remedy that
occur after the Record of Decision (ROD) is signed. An Explanation of Significant Differences
(ESD) is required when the remedial action to be taken differs from the remedy selected in the
ROD but does not fundamentally alter the scope, performance, or cost of the remedy. Generally,
an ESD is prompted when significant new information becomes available during or after the
public comment period for the ROD. In the case of the Site, this information was provided in a
pre-design investigation report which was developed under an Administrative Order on Consent
(AOC), the final (100%) remedial design (RD) approved on September 30, 1997, a revision to
the approved final RD Report, dated March 1999, and the final remedial action Work Plan
approved on May 25, 1999.
This ESD and supporting documents are a part of the Administrative Record file which is
available for viewing at the Gail Borden Public Library, Elgin, Illinois, and the U.S. EPA
Final Version; July 13, 1999
J. O'Grady
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer)
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EXPLANATION OF SIGNIFICANT DIFFERENCES (Continued)
Regional Offices in Chicago, Illinois, during normal business hours. Notice of availability of this
ESD and supporting documents will be published in a local newspaper of general circulation.
The public is encouraged to review the updated Administrative Record to better understand the
U.S. EPA's rationale for changing the selected remedy.
II. Site History
The Site includes two adjacent landfills, the Tri-County Landfill and the Elgin Landfill,
respectively. While the two landfills supposedly had separate operations, historical aerial
photographs indicate that the two disposal operations overlapped, to the point where the two
landfills were indistinguishable. A short history for each landfill is provided below.
Tri-County Landfill
Prior to the 1940's, the Tri-County Landfill site was part of a gravel mining operation. Waste
disposal at the Tri-County Landfill reportedly began in April 1968 and continued until December
1976. The Elgin-Wayne Disposal Company had initiated disposal operations at the landfill under
a disposal permit issued by Kane County. During the period from 1968 to 1972, operations at the
Tri-County Landfill were managed by the Elgin-Wayne Disposal Company. In 1970, the
Tri-County Landfill Company (the actual owner of the property on record) was issued a permit
by the Illinois Department of Health to operate the site as a solid waste disposal landfill (Permit
1970-DS-43).
The Tri-County Landfill Company was issued an operational solid waste disposal permit by the
Illinois EPA in 1975 (Permit 1975-24-OP) and a supplemental permit was issued by the Illinois
EPA in 1976 (Supplemental Permit 1976/409). However, site operations continued under the
management of the Elgin-Wayne Disposal Company until 1976.
The Kane County Building and Zoning Permit, originally issued in 1970, stated that landfilling
was to occur in trenches. However, inspection records on file at the Illinois EPA cite open
dumping at the landfill and that the "area" method of landfilling was occasionally used.
Background data suggests that waste was disposed of directly into the abandoned gravel quarry.
Most of the dumping of liquid and industrial waste reportedly occurred at the Tri-County Landfill
during the interval from 1968 to 1974.
Although the landfill operations ceased in December of 1976, the existing cover was not
emplaced until early 1981. Correspondence from the Illinois EPA to Waste Management of
Illinois, Inc., (WMI) on April 14, 1981, indicated that the landfill had been satisfactorily closed
and covered. The State did caution WMI that if problems relating to leachate, surface drainage
or erosion were to develop in the future, they should be promptly corrected. Additional
correspondence from the State of Illinois to WMI through the end of 1981 cites erosion, ponding,
and leachate problems occurring at the Tri-County Landfill.
Final Version; July 13,1999
J. O'Grady 2
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EXPLANATION OF SIGNIFICANT DIFFERENCES (Continued!
Elgin Landfill
Like the Tri-County Landfill, the Elgin Landfill property was the site of a sand and gravel mining
business that was operated by the Material Service Company until the late 1950's. Waste
disposal operations began in 1961 under the name of the Elgin Landfill Company. No formal
method of waste disposal was employed at the site and it appears that irregular areas were
excavated, filled with waste, and eventually covered. The Elgin Landfill originally operated
under a permit issued by Kane County in 1961.
Records detailing the amount and type of waste disposed report that residential and commercial
rubbish, industrial waste and incinerator ash were disposed of at the landfill from 1961-1976.
Land Use
Most of the residential properties in the vicinity of the Site are located in the Village of South
Elgin, approximately 2/3 of a mile west of the Site, west of the Woodland Landfill. The
residences nearest the Site are located along Dunham and Stearns Roads approximately 1,000
feet southeast of the Site. A farm house is located approximately 1,200 feet north of the Site.
Other residences, most of which are single-family dwellings, are scattered throughout the area
surrounding the Site. Many of the homes and businesses in the area of the landfills rely on their
own private wells to provide drinking water and water for general use. Several businesses
operate on the Elgin portion of the Site, using water from wells that penetrate the landfill. These
businesses are currently advised against potable use of their wells.
On the west and southwest boundaries, the Site properties are enclosed by the Prairie Path, which
is a former railroad right of way converted into a public bicycle and footpath. The east and
southeast Site boundary is bordered by Route 25, along which several commercial businesses are
located. The northern property boundary of the Elgin Landfill is bordered by agricultural land.
The land surrounding the Site to the north and to the east is used predominantly for agriculture.
The land to the west of the Site is occupied by the Woodland Landfill. The Woodland Landfill is
an active sanitary landfill which has accepted municipal and selected special wastes since 1976.
Surface water features in the area surrounding the Site include the Fox River, Brewster Creek, an
unnamed tributary to Brewster Creek, and their associated wetlands. The Fox River is located
approximately one mile to the west of the Site. Brewster Creek is a small, east to west flowing
stream located '/2-mile south of the Site. The unnamed tributary to Brewster Creek flows toward
the Site from the east, by-passes the site on the south side, and continues to flow south to
discharge into Brewster Creek, which flows west into the Fox River.
HI. Site Enforcement Activities and the Record of Decision
In May 1971, the Elgin Jaycees, with the support of the Village of South Elgin and village
residents, filed a complaint with the Illinois Pollution Control Board (IPCB). This complaint
Final Version; July 13,1999
J.O'Grady 3
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EXPLANATION OF SIGNIFICANT DIFFERENCES ^Continued)
named the Tri-County Landfill Company and Elgin Landfill Company as respondents. The IPCB
complaint was initiated because of suspected surface water and ground water contamination.
On April 12, 1973, the IPCB ordered the respondents to "cease and desist the causing of water
pollution and the threat of water pollution on their respective sites," and to pay specified
penalties and post bonds. State records indicate that several lawsuits and appeals ensued
involving both landfills subsequent to the IPCB decision, and that the landfills continued to
operate during the pendency of the litigation.
The Site was placed on the National Priorities List (NPL) of Superfund sites in March, 1989.
The U.S. EPA conducted a Remedial Investigation (RI) and Feasibility Study (FS) from 1988 to
1992 to define the nature and extent of contamination and evaluate alternatives for Site cleanup.
The RI identified contamination in soil, sediment, and ground water, and determined that a
primary pathway for the contaminants to migrate off-site was through rain and snowmelt
infiltrating through the inadequate landfill cover, leaching contaminants from the landfilled
materials, and then transporting them to ground water and surface water by surface and
subsurface flow. On September 30, 1992, the U.S. EPA signed a ROD selecting a remedy for the
Site with the concurrence of the Illinois EPA.
The major components of the 1992 ROD include: Um
»> excavation and consolidation under the landfill cap of contaminated sediments that
exceed background;
> construction of a landfill cover in compliance with Title 35, Illinois Solid and Special
Waste Management Regulations, section 807.305 and RCRA Subtitle D cover
requirements, as applicable;
* collection, treatment, and disposal of leachate and contaminated groundwater at the
landfill perimeter, with natural attenuation of off-site, low-level ground water
contamination, to ultimately comply with drinking water or health-based standards in all
ground water outside of the waste boundaries;
* active collection and treatment of landfill gases;
>• comprehensive monitoring program to ensure the effectiveness of the remedy;
>• institutional controls to limit land and groundwater use; and
> provisions for contingency measures to address new information or previously unknown
problems, and flexibility on the type and timing of the ground water response component.
The estimated present worth of this remedy, as documented in the ROD, is $12,624,000, with
the ground water component accounting for $3,000,000 of that cost.
The June 25,1996, modification to the cleanup plan (an BSD) deferred implementation of the ,
ground water component. This allowed for a period of observation to see how effective the other
Final Version; July 13,1999
J. O'Grady 4
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EXPLANATION OF SIGNIFICANT DIFFERENCES (Continued!
components alone could be in reducing ground water contamination migration. Depending on
long-term monitoring results, the ground water component may be constructed or deleted from
the remedy.
«
An AOC for RD was signed on February 2, 1994, with two potentially responsible parties
(PRPs), WMI and Browning Ferris Industries of Illinois, Inc. (BFI). The AOC refined certain
design elements of the landfill cap and set specific performance standards for the barrier layer. It
also provided some design flexibility to ensure that performance standards were met. Under the
AOC, the Respondents conducted and reported to the U.S. EPA on a pre-design investigation
(PDI), and then completed the RD. The purpose of the PDI was to acquire needed design
parameters, determine background levels for soil and sediments, confirm hydrogeologic
conditions, determine an appropriate period of attenuation for the off-site ground water, and
ensure through sampling that residential wells were not being affected by the Site.
Negotiations for a remedial action consent decree ended in September, 1998. On September 24,
1998, a Unilateral Administrative Order (UAO) for remedial action was then issued to WMI, and
the Tri-County Landfill Company. An additional UAO was issued to BFI on November 19,
1998. The Remedial Action Work Plan was approved, and the Notice of Authorization to
Proceed with the Remedial Action was transmitted to the Respondents, on May 25, 1999. The
RA is expected to be completed by Fall 2000. However, because of the deferred ground water
component, this Site may not qualify as a construction completion until the ground water
component is either constructed or eliminated. The Preconstruction Inspection and Meeting was
conducted on June 9, 1999.
A de minimis settlement was offered to over 400 companies, of which 125 companies signed up
for a settlement worth approximately $2.1-million. The de minimis settlement was finalized on
June 11, 1999.
For more details of the RI/FS, ROD, and AOC, please refer to the Administrative Record.
IV. Description of and Basis for Significant Differences
Background information on the Site, and its operating and regulatory histories, is contained in the
RI Report prepared by WW Engineering & Science (1992), for the U.S. EPA. The PDI Report
was prepared by Montgomery Watson (1996) for WMI and BFI and provided additional Site
information to further support the RD. The Final (100% Complete) RD Report was prepared by
Montgomery Watson (1997) for WMI and BFI. The U.S. EPA issued approval of the Final RD
Report on September 30, 1997. The U.S. EPA issued two previous ESDs to the September 30,
1992, ROD: (1) The first, dated June 25, 1996, deferred the decision to install the groundwater
treatment remedy for a period of 5 years after completion of the landfill cover construction; and
Final Version; July 13,1999
J. O'Grady
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EXPLANATION OF SIGNIFICANT DIFFERENCES (Continued)
(2) The second, dated April 23 1998, concerned a change in the landfill cover configuration from
the original ROD.
A revision to the approved Final (100 % Complete) Remedial Design Report, dated March 1999,
was submitted by Montgomery Watson on behalf of WMI. The purpose of the revised RD is to
install a high strength, low-permeability (IxlO'8 cm/sec) asphalt cover, which replaces the
previously approved asphalt layer, the geosynthetics, and 18 inches of the general fill layer over
the geosynthetics. The revised asphalt cap which is to be installed only on the Elgin Landfill
property and the Elgin-Wayne property will consists of two discreet layers. The first layer will
be a variable thickness base layer, which will be used to develop the design slopes for positive
drainage. This layer will be, at a minimum, 20 inches thick and will be compacted to a minimum
of 90% of the modified Proctor maximum dry density or equivalent. The U.S. EPA allows that
much of the existing surface may be compacted better than 90% of modified Proctor now from
all of the years of traffic loading. Therefore, the Respondents and their contractors could trench
and test the existing surface to determine the structural properties of the existing surface material.
A design document would have to be submitted and approved in order to allow for any deviation
from the 20" layer. The final layer will be a 4-inch thick combined modified asphalt binder and
modified asphalt surface course of specially produced high-strength, low-permeability asphalt.
The rationale for modifying the remedy for this portion of the Site include the following: (1) the
remedy is less intrusive to install which reduces the disruption to existing businesses during
construction; (2) the remedy allows for the continued use of the Elgin Landfill and the Elgin-
Wayne properties for container storage, parking, and other non-intrusive beneficial uses; (3) the
remedy is more cost effective; (4) the IxlO'8 cm/sec permeability of the remedy will ensure that
the new remedy will be as protective, if not more protective, than the alternative selected in the
ROD; and (5) the design will incorporate a lysimeter that will definitively measure seepage that
might occur through the low-permeability asphalt cap, alerting the U.S. EPA, the Illinois EPA,
and the Respondents to the need for repair or reevaluation of the remedy.
Once this ESD is signed and placed in the Site Administrative Record, a further revision to the
revised Remedial Design (dated March 1999) must be submitted for review and approval by the
U.S. EPA, in consultation with the Illinois EPA. Among other issues that must be addressed in
the revised RD are: (1) pavement design; (2) lysimeter location and design; (3) installation
specifications; (4) results and conclusions from trenching/testing the existing surface for
thickness, compaction, and suitability as a base layer for the asphalt surface; and (5) the
maintenance plan.
The final grades for the Elgin Landfill property slope from the west towards the east at slopes
varying from 2% to 3%. The Elgin-Wayne property slopes toward the southeast portion of that
property at a 1 % slope. The Elgin-Wayne property will drain to the southeast corner of its
property. Since the majority of the property will be capped with the revised asphalt cap that will
Final Version; July 13,1999
J. O'Grady 6
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EXPLANATION OF SIGNIFICANT DIFFERENCES (Continued)
have trucks parked on it, it will be necessary to separate the oil and grit from the stormwater prior
to discharging the water to the surface water system. The Elgin Landfill property will drain
towards the east. A swale near the center of the Elgin landfill property will divert some of the
surface water into the series of swales on the Tri-County Landfill property and towards the
southern end of the site. The eastern portion of the Elgin Landfill property will drain toward the
existing drainage swales along Highway 25. The remainder of the Tri-County Landfill property
will drain towards the south side of the property and the infiltration basin.
The existing water supply well and septic system on the Elgin-Wayne property will be
abandoned. A replacement water supply well will be installed on the Elgin-Wayne property and
will be either be installed outside the limits of waste or will be cased through the waste. A new
septic system, likely consisting of a holding tank, will be installed for the Elgin-Wayne property.
V. Support Agency Comments
The Illinois EPA supports the change.
VI. Affirmation of Statutory Determinations
Considering the new information that has been developed and the changes that have been made
to the selected remedy, the statutory determinations made in the ROD are still valid for the ESD.
William E. MunojDirector Date
Superfund Divisio
7/y/tf
Final Version; July 13,1999
J. O'Grady
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U.S. ENVIRONMENTAL PROTECTION AGENCY
REMEDIAL ACTION
ADMINISTRATIVE RECORD
FOR
TRI-COUNTY/ELGIN LANDFILLS SITE
ELGIN, KANE COUNTY, ILLINOIS
UPDATE #6
EXPLANATION OF SIGNIFICANT DIFFERENCES
NO. DATS
1 03/00/99
2 03/19/99
3 04/05/99
4 04/22/99
5 04/23/99
AUTHOR
Montgomery
Watson/Waste
Management,
Inc.
Leibrock, M.,
Waste
Management,
Inc.
Leibrock, M.,
Waste
Management,
Inc.
Asphalt
Institute
O'Grady, J.,
U.S. EPA
JULY 13, 1999
RECIPIENT
U.S. EPA
O'Grady, J. ,
U.S. EPA
O'Grady, J.,
U.S. EPA
U.S. EPA
Leibrock, M.,
Waste
Management,
Inc.
TITLE/DESCRIPTION
Remedial Action Work 289
Plan for the Tri-County/
Elgin Landfills Site
w/ Attached Cover Letter
Revised Final (100%) 56
Remedial Design Report
for the Tri-County/
Elgin Landfills Site
w/ Attached Cover Letter
Letter re: Designation
of Earth Tech, Inc. as
Supervising Contractor
for the Remedial Action
at the Tri-County/Elgin
Landfills Site
Nine Articles from the 31
Asphalt Institute and
Asphalt Magazine
Letter re: U.S. EPA's 5
Comments on the Remedial
Action Work Plan for the
Tri-County/Elgin Landfills
Site
6 05/14/99
Leibrock, M.,
Waste
Management,
Inc.
O'Grady, J.
U.S. EPA
Letter re: WM's Response
to U.S. EPA's April 23,
1999 Comments on the
Remedial Action Work Plan
for the Tri-County/Elgin
Landfills Site
7 05/24/99
Leibrock, M.,
Waste
Management,
Inc.
O'Grady, J.,
U.S. EPA
Letter re: Construction
Contractors for the Source
Control Remedial Action at
the Tri-County/Elgin Land-
fills Site
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Tri-County/Elgin Landfills AR
Update #6 (BSD)
Page 2
DATE
05/25/99
06/04/99
10
11
12
06/09/99
07/02/99
07/08/99
13
07/12/99
14
00/00/00
AUTHOR
O'Grady, J.,
U.S. EPA
O'Grady, J.,
U.S. EPA
Dowden, J.,
Waste
Management,
Inc.
Wilder
Cons t rue t i on
Company
Herring, G. ,
U.S. Army
Corps of
Engineers/
Omaha
District
O'Grady, J.,
U.S. EPA
IEPA
RECIPIENT
Leibrock, M.
Waste
Management,
Inc.
Miller, M.,
Browning-
Ferris
Industries
O'Grady, J.,
U.S. EPA
U.S. EPA
O'Grady, J.,
U.S. EPA
Dowden, J.,
Waste
Management &
M. Miller,
Browning-
Ferris,
Industries
U.S. EPA
TITLE/DESCRIPTION PAGES
Letter re: U.S. EPA's i
Approval of the Remedial
Action Work Plan and
Notice of Authorization
to Proceed with the
Remedial Action at the
Tri-County/Elgin Landfills
Site
Letter re: U.S. EPA's 2
Consideration of an
Explanation of Signi-
ficant Differences for
the Landfill Cap Profile
on the Elgin Landfill
and Elgin-Wayne Portions
of the Tri-County/Elgin
Landfills Site
Letter re: WM's Desig- 1
nated Project Coordinator
for the Tri-County/Elgin
Landfills Site
Various Articles re: 50
MatCon (Modified Asphalt
Technology for Waste
Containment)
Hydrologic Evaluation 23
of Landfill Performance
(HELP) Model Run for the
MATCOM material at the
Tri-County/Elgin Landfills
Site
Letter re: Explanation 2
of Significant Differences
for the Landfill Cap
Profile on the Elgin Land-
fill and Elgin-Wayne
Portions of the Tri-County/
Elgin Landfills Site
Letter: IEPA's Concur-
rence with the Explanation
of Significant Differences
for the Tri-County/Elgin
Landfills Site (PENDING)
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NO. DATE AUTHOR
15 00/00/00 U.S. EPA
RECIPIENT
Public
Tri-County/Elgin Landfills AR
Update #6 (ESD)
Page 2
TITLE/DESCRIPTION PAGES
Explanation of Significant
Differences for the Tri-
County/Elgin Landfills Site
(PENDING)
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