Illinois AG Files Complaint to Recover Money from Landfill

The Office of Illinois’ Attorney General Lisa Madigan filed a complaint before the Illinois Pollution Control Board that aims to recover millions of dollars spent to properly close an abandoned landfill near Decatur after its owner refused to close the landfill as required by state law.

Madigan said the Illinois Environmental Protection Agency estimates the cost of for the cleanup and remediation of the old Bath Landfill at about $2.3 million.

The Bath Landfill was among 33 abandoned landfills identified in 1998 by the IEPA as most in need of immediate attention. Visible seeps of leachate and exposed refuse were observed along the bank of the river bordering the site. In 1999, the General Assembly passed legislation to allocate $50 million to pay for cleanups statewide through the Abandoned Landfill Program.

According to the IEPA, in 1974, Bath, Inc. was permitted to accept demolition debris but compiled a history of non-compliance at the site throughout the 1980s. The owner failed to comply with an August 1994 court order to properly install and maintain a landfill cover. Work that began in 2001 has resulted in the site being graded and re-contoured to discourage future erosion, a landfill gas vent layer and two vents were installed and a new cap was constructed with native vegetation planted to also help reduce erosion.

Madigan’s complaint seeks a hearing before the IPCB on her request to recover the State of Illinois’ cost in addition to other matters the Board may deem appropriate.