Parties Settle State Enforcement Action Alleging Landfill Violations

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Swinson, Case No. PCB 10-8, which concerns defendant Don Swinson's vacant lot at 2000 Cunningham Road in Rockford, Winnebago County, Illinois, and the general construction or demolition debris (C&D) that co-defendant Champion Environmental Services allegedly transported there.

The State alleged that the defendants violated the Illinois Environmental Protection Act by causing or allowing the open dumping of waste without fulfilling the requirements of a sanitary landfill, which resulted in litter.  The State also alleged that the defendants disposed, treated, or stored C&D waste at the site without a permit from the Illinois Environmental Protection Agency.  The State alleged that Swinson failed to apply for and obtain permits from IEPA to develop and operate a new solid waste management site.  Lastly, the State alleged that Swinson failed to submit to the IEPA the necessary information prior to accepting C&D waste at the site.

Under the terms of the settlement, the defendants do not affirmatively admit the alleged violations, Champion agrees to pay a civil penalty of $2,500, and Swinson agrees to pay a civil penalty of $5,000.

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

IL Pollution Control Board Issues $20,000 Penalty to Clean Construction and Demolition Debris Fill Business

The Illinois Pollution Control recently entered summary judgment against one of the defendants in People v. 87th & Greenwood, LLC, No. PCB 10-71, which concerned a storage facility located at 1040 E. 87th Street, Chicago, Cook County, IL and a clean construction and demolition debris fill business operated by Land Reclamation Services ("LRS") located at 1127 South Chicago Street, Joliet, Will County, IL.

The State alleged that defendants violated the Illinois Environmental Protection Act by causing and allowing the disposal of waste at the LRS site, disposing of waste at the LRS site that was not permitted for waste disposal by the Illinois Environmental Protection Agency (the "IEPA"), and causing and allowing the disposal of approximately 350 truckloads of waste at the LRS Site, thereby conducting a waste disposal operation without a permit.  IEPA inspectors found that the soil taken to the LRS Site contained a number of compounds at levels which exceeded background levels for both the City of Chicago and the Chicago Metropolitan Area.  These contaminants included benzo(a)anthracene, carbazole, cadmium, copper, iron, lead, magnesium, beryllium, antimony, and total chromium.

The State filed a motion to deem facts admitted and for summary judgment against LRS, who failed to file an answer to the State's complaint in this case.  The Illinois Pollution Control Board granted the motion and directed LRS to pay a civil penalty of $20,000.

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

Settlement of State Enforcement Action Alleging Clean Construction & Demolition Debris Violations

The Illinois Pollution Control Board recently accepted the parties' settlement in People v. Stark Excavating Inc., Case No. PCB 09-65, which concerned the defendant's construction and demolition debris disposal site located immediately north of Interstate 74 in Section 5 of Downs Township, McLean County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) allowing for the accumulation and use of clean construction and demolition debris on the site without following the requisite inspection and record-keeping practices, and (2) failing to inspect incoming loads of clean construction and demolition debris with a photo ionization detector device.

Under the terms of the settlement, the defendant admitted the alleged violations and performed a supplemental environmental project ("SEP") with a settlement value of $11,133.70, which the State agreed to accept in lieu of a civil penalty payment. The SEP consisted of the defendant providing material, labor, and equipment to demolish two dilapidated structures at 4000 North Peoria Road in Springfield, Sangamon County for the Illinois State Police Heritage Foundation, as well as the defendant paying to remove and dispose of the demolition debris.

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

$16,000 Settlement of State Enforcement Action Alleging CCDD Violations

On April 15th, the Illinois Pollution Control Board accepted the parties' settlement in People v. R.A. Cullian & Sons, Inc., No. PCB 09-105, which concerned the defendant's clean construction and demolition debris ("CCDD") fill operation at the Farmdale Pit facility, located at 22493 Farmdale Road, in East Peoria, Tazewell County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by allowing waste material that does not meet the definition of CCDD to commingle with the facility’s CCDD fill material, failing to inspect incoming loads of clean construction and demolition debris at the site with a photo ionization detector (PID) device, failing to maintain CCDD records for the facility, and disposing of CCDD without a permit.

As part of the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $16,000.

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