Wednesday, March 3, 2010

$14,300 Settlement of State Enforcement Action Alleging Dumping of Pesticides

On February 4, 2010, the Illinois Pollution Control Board accepted a settlement in People v. Buysee, IPCB No. 09-31, which concerned the defendant’s business as a landscape contractor located at Route 6 and Niabi Road approximately two miles north of Coal Valley, Rock Island County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) causing or allowing the discharge of a hydroseed mixture; (2) by dumping the hydroseed mixture on the bank of Shaffer Creek; (3) by causing or allowing dumping of leftover hydroseed mixture at the site; (4) by disposing of leftover hydroseed mixture at the site; (5) by spilling the hydroseed mixture onto the bank and into Shaffer Creek; and (6) by discharging the bright green colored hydroseed on to land and into the waters of the state.

The hydroseed mixture contained the pesticides DDT (at a concentration of 17 parts per billion) and DDE (at a concentration of 16 parts per billion).  Both DDT and DDE are banned for use in the United States.  The hydroseed mixture also contained aroclor-1248 (at a concentration of 320 parts per billion).  Aroclor is a polychlorinated biphenyl (PCB) and is listed as a hazardous substance under the federal Superfund law. 

Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $14,300.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

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