Welding and Machine Shop Settles State Enforcement Action Alleging Water Pollution and Waste Disposal Violations

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Durre Bros. Welding & Machine Shop, Inc., Case No. PCB 07-81, which concerned the defendant's welding and machine shop located at 405 South Chestnut Street in Minonk, Woodford County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by causing, allowing, or threatening to cause water pollution (count I); by causing, threatening, or allowing the discharge of any contaminant into waters of the State without a National Pollutant Discharge Elimination System (NPDES) permit (count II); by causing or allowing contaminants to be deposited upon the land so as to create a water pollution hazard (count III); by causing or allowing the open dumping of waste (count IV); by disposing of waste at a site that is neither permitted by the Illinois Environmental Protection Agency as a sanitary landfill nor compliant with the requirements of the Act and regulations (count IV); and by storing containers filled with used oil without clearly labeling them as to their contents (count V).

Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $5,000.

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

Illinois Pollution Control Board Reminds Practitioners of Time Limits for Motions to Dismiss

The Illinois Pollution Control Board recently ordered stricken a motion to dismiss in United City of Yorkville v. Hamman Farms, Case No. PCB 08-96, which is a citizen's enforcement action concerning the defendant's farmland in Kendall County, Illinois.  The plaintiff's complaint alleged open dumping violations, landscape waste violations, air pollution violations, and water pollution violations.

The defendant filed a motion to dismiss certain counts of the amended complaint, and the plaintiff moved to strike the motion to dismiss on the basis that the motion to dismiss was untimely.  The Board agreed that the motion should be stricken because the motion to dismiss failed to comply with the 30-day deadline of the Board's procedural rules for filing motions to dismiss.  Under the Board's procedural rules, a motion to dismiss must be filed within 30 days after service unless material prejudice would result; in contrast, any answer to a complaint is not due until 60 days after service.

This opinion should be a reminder to all practitioners to check the procedural rules of the Illinois Pollution Control Board, as they are different from the typical rules of state and federal courts.

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

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.

Illinois Pollution Control Board Finds Open Dumping Violations and Issues $3,000 Penalty

On April 1st, the Illinois Pollution Control Board issued an interim opinion in Illinois Environmental Protection Agency, Inc. v. Vanderheiden, No. AC 08-27 and IEPA No. 51-08-AC, which concerned the defendant's property, known as Manito/Vanderheiden and located at 510 N. Park Ave., Manito, Mason County, Illinois. 

The Pollution Control Board found that Mr. Vanderheiden violated the Illinois Environmental Protection Act by causing or allowing open dumping of litter and general and/or construction or demolition debris.  The IEPA inspector took 51 photographs showing that the defendant allowed the following materials onsite: cinder block, buckets, automotive parts, wood siding, lawn tools, floor jacks, commercial lights, PVC conduit, weathered lumber, roofing materials, Christmas lights, wooden ladders, trailers, an air conditioner, wheelbarrows, boats, camper, parts washer, scrap metal, ductwork, rusty drum, tanks, tires, drain tile, snowmobiles, shower stall, snow fence, snowplows, scaffolding, fence posts, sawhorse, bicycles, wire, landscape waste and other miscellaneous items.  Some of these items were covered with algae and dust and vegetation. 

Because these were the defendant's first violations, the Pollution Control Board will issue a final order penalizing the defendant in the amount of $3,000.

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