On November 5, 2009, the Illinois Pollution Control Board issued an opinion penalizing the owners and operators of a landfill located near Sumner, Lawrence County, Illinois.
In People v. Simmons, PCB No. 06-159, the Board assessed civil penalties of $10,000 against the Disposal Centre, Inc., and $1,000 against Gary Simmons individually. The Board also ordered the Disposal Centre to pay an additional $32,164, which is the time-use value of $118,421.90 to recoup the economic benefit earned through non-compliance. The Board also ordered Simmons to pay an additional $3,573, which is the time-use value of $118,421.90 to recoup the economic benefit earned through non-compliance. Finally, the Board assessed attorney fees of $1,540 against both respondents, for which they are jointly and severally liable.
According to the Board's opinion, the "proven violations involve requirements for post closure care, site security and maintenance, and groundwater and gas monitoring violations. Respondents also violated various permit conditions imposing recordkeeping, reporting, and operational requirements. Finally, the respondents also committed air pollution through failure to correctly manage landfill case."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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