Proposed Settlement Reached in Leachate Release

A hearing took place Wednesday regarding a proposed settlement involving a release of leachate from the Landfill 33 site east of Effingham.

The leachate release occurred sometime over Memorial Day weekend in 2017 when a pump was shut off. The release of non-toxic solids into an unnamed tributary of Salt Creek eliminated enough oxygen in the waterway that close to 200 small fish were killed.

The proposed settlement between the Illinois Attorney General's Office, Landfill 33, and the Wendt Family Trust, which owns the landfill property, indicates that Landfill 33 personnel took immediate action to stop the release of the leachate and to clean up what leachate had been released into the waterway. The value of the fish killed was estimated at $20. The settlement includes an $18,000 penalty for Landfill 33, which landfill operator Brian Hayes said Wednesday night is about the minimum fine for such an occurrence.

Neighboring property owner Dan Borries testified Wednesday that he opposes the settlement as structured, saying the effects of the leachate release were worse than indicated. Borries was the only person to testify at the hearing.

Marie Tipsord of the Pollution Control Board said counsel for Landfill 33 and the Attorney General's Office reserved the opportunity to speak to the settlement until after the public comment period ends on September 2. Legal briefs by Landfill 33 and the AG's Office are then due by September 21.