Here's a look at what has been making news in the Illinois environmental community:
(1) Governor Pat Quinn announces 20-year agreements with wind and solar energy vendors to supply Ameren and ComEd with renewable electricity to provide to consumers throughout the state. http://tinyurl.com/4quhbny
(2) The Illinois EPA refers to the Illinois Attorney General’s office an enforcement action regarding alleged improper removal, handling, and disposal of asbestos-containing material. http://tinyurl.com/4lw4pj7
(3) The Illinois Department of Natural Resources approves allowing 10 Lake County communities to tap into Lake Michigan water. http://tinyurl.com/4hsdk7n
(4) The Illinois EPA issues violation notices to a southern Illinois landfill for violations of the Illinois Environmental Protection Act that resulted in strong odors several miles away. http://tinyurl.com/4cpn6ax
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Showing posts with label State Enforcement Action. Show all posts
Showing posts with label State Enforcement Action. Show all posts
Friday, January 28, 2011
Tuesday, January 25, 2011
City Settles State Enforcement Action Alleging Water Pollution Violations Due to Sewer Overflows
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. City of Colchester, Case No. PCB 11-20, which concerned Colchester’s sewage treatment plant and overflows that occurred at Colchester’s Bishop Street, Cole Street, and North Street lift stations in association with a 2.5-inch rainfall. The city is located approximately seven miles west of Macomb in McDonough County, Illinois.
The State alleged that the city violated the Illinois Environmental Protection Act by (1) causing, threatening, or allowing the discharge of contaminants into the environment so as to cause or tend to cause water pollution; (2) depositing contaminants upon the land so as to create a water pollution hazard; (3) causing or allowing the Cole Street Lift Station to overflow; (4) causing, threatening, or allowing the discharge of contaminants into waters of the State in violation of the NPDES permit; (5) failing to construct and operate the treatment works so as to minimize violations of applicable standards during contingencies; and (6) failing to take reasonable measures to prevent the spillage of contaminants from causing water pollution.
Under the terms of the settlement, the city admits the alleged violations and agrees to pay a civil penalty of $5,346 and complete specified improvements.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the city violated the Illinois Environmental Protection Act by (1) causing, threatening, or allowing the discharge of contaminants into the environment so as to cause or tend to cause water pollution; (2) depositing contaminants upon the land so as to create a water pollution hazard; (3) causing or allowing the Cole Street Lift Station to overflow; (4) causing, threatening, or allowing the discharge of contaminants into waters of the State in violation of the NPDES permit; (5) failing to construct and operate the treatment works so as to minimize violations of applicable standards during contingencies; and (6) failing to take reasonable measures to prevent the spillage of contaminants from causing water pollution.
Under the terms of the settlement, the city admits the alleged violations and agrees to pay a civil penalty of $5,346 and complete specified improvements.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Sunday, January 23, 2011
Settlement of State Enforcement Action Alleging Fish Kill Resulting From Demolition of Swine Production Facility
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Gerald N. Knoblauch, LLC, Case No. PCB 11-19, which concerns a fishkill resulting from improper demolition of a former swine production facility located along Brick Town Road in the Southeast Quarter of Section 17, T28N in Cazenovia Township, Woodford County, Illinois.
The State alleged that Knoblauch owns the former swine production facility and hired Bender Land Improvement, Inc. to demolish the facility’s buildings and convert the facility’s old livestock lagoon into a pond. The State also alleged that the defendants violated the Illinois Environmental Protection Act by (1) causing, threatening, or allowing livestock manure to discharge into an unnamed tributary of Richland Creek; (2) causing bottom deposits, odor, color, and turbidity of other than natural origin in the receiving waters of the facility; (3) placing excavated manure solids in piles on the outer edge of the old livestock lagoon without installing structures to contain any runoff from the piles; and (4) creating a water pollution hazard by allowing contaminated stormwater to discharge from the manure stockpiles and enter both an unnamed tributary to Richland Creek and Richland Creek itself without a National Pollutant Discharge Elimination System (NPDES) permit.
Under the terms of the settlement, the defendants admit the alleged violations, agree to pay a civil penalty of $5,000, and also agree to pay $20,699.68 to the State of Illinois Wildlife and Fish Fund for recovery of fish killed and investigation expenses.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that Knoblauch owns the former swine production facility and hired Bender Land Improvement, Inc. to demolish the facility’s buildings and convert the facility’s old livestock lagoon into a pond. The State also alleged that the defendants violated the Illinois Environmental Protection Act by (1) causing, threatening, or allowing livestock manure to discharge into an unnamed tributary of Richland Creek; (2) causing bottom deposits, odor, color, and turbidity of other than natural origin in the receiving waters of the facility; (3) placing excavated manure solids in piles on the outer edge of the old livestock lagoon without installing structures to contain any runoff from the piles; and (4) creating a water pollution hazard by allowing contaminated stormwater to discharge from the manure stockpiles and enter both an unnamed tributary to Richland Creek and Richland Creek itself without a National Pollutant Discharge Elimination System (NPDES) permit.
Under the terms of the settlement, the defendants admit the alleged violations, agree to pay a civil penalty of $5,000, and also agree to pay $20,699.68 to the State of Illinois Wildlife and Fish Fund for recovery of fish killed and investigation expenses.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, January 17, 2011
Waste Management Agrees to $12,000 Supplemental Environmental Project to Settle State Enforcement Action
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Waste Management of Illinois, Inc., Case No. PCB 11-14, which concerned the defendant's municipal solid waste landfill located at 10400 Hillstown Road in Marissa, St. Clair County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act by by failing to collect and contain litter from the site by the end of each operating day, failing to properly cover refuse, accepting landscape waste and used or waste tires for final disposal at the facility, designating a Chief Operator who serves in that capacity at two or more waste disposal sites, failing to keep groundwater monitoring wells covered with vented caps and equipped with devices to protect against tampering and damage, and failing to properly record information and observations derived from random inspections.
Under the terms of the settlement, the defendant admits to the alleged violations and agrees to undertake a supplemental environmental project with a settlement value of $12,000, consisting of providing landfill disposal space to the State.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act by by failing to collect and contain litter from the site by the end of each operating day, failing to properly cover refuse, accepting landscape waste and used or waste tires for final disposal at the facility, designating a Chief Operator who serves in that capacity at two or more waste disposal sites, failing to keep groundwater monitoring wells covered with vented caps and equipped with devices to protect against tampering and damage, and failing to properly record information and observations derived from random inspections.
Under the terms of the settlement, the defendant admits to the alleged violations and agrees to undertake a supplemental environmental project with a settlement value of $12,000, consisting of providing landfill disposal space to the State.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Wednesday, January 12, 2011
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.
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.
Wednesday, December 29, 2010
State Enforcement Action Alleging Water Pollution Violations At Industrial Park Partially Settled
The Illinois Pollution Control Board recently accepted a stipulation and proposed settlement in People v. Freeport Area Economic Development Foundation, Case No. PCB 10-89, which concerned
a site known as "Mill Race Industrial Park," a 145-acre property located east of Springfield Road, north of Hiveley Road, and south of Business 20, in Freeport, Stephenson County, Illinois. This settlement only concerned one of the defendants, the Freeport Area Economic Development Foundation ("FAEDF").
The State alleged that the defendants violated the Illinois Environmental Protection Act by (1) failing to maintain storm water controls at the site, thus causing or allowing contaminants to discharge into a water of the State, causing water pollution (count I), (2) allowing discharges containing color and turbidity of other than natural origin and causing bottom deposits in Silver Creek (count II), and (3) depositing sediment onto the land in such a place and manner so as to create a water pollution hazard (count III). The State also alleges that FAEDF alone failed to implement provisions of its storm water pollution prevention plan and allowing contaminants to discharge into Silver Creek (count IV).
Under the terms of the settlement, FAEDF admits the alleged violations and agrees to pay a civil penalty of $546.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
a site known as "Mill Race Industrial Park," a 145-acre property located east of Springfield Road, north of Hiveley Road, and south of Business 20, in Freeport, Stephenson County, Illinois. This settlement only concerned one of the defendants, the Freeport Area Economic Development Foundation ("FAEDF").
The State alleged that the defendants violated the Illinois Environmental Protection Act by (1) failing to maintain storm water controls at the site, thus causing or allowing contaminants to discharge into a water of the State, causing water pollution (count I), (2) allowing discharges containing color and turbidity of other than natural origin and causing bottom deposits in Silver Creek (count II), and (3) depositing sediment onto the land in such a place and manner so as to create a water pollution hazard (count III). The State also alleges that FAEDF alone failed to implement provisions of its storm water pollution prevention plan and allowing contaminants to discharge into Silver Creek (count IV).
Under the terms of the settlement, FAEDF admits the alleged violations and agrees to pay a civil penalty of $546.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, November 30, 2010
Illinois Pollution Control Board Orders Residential Developer to Pay $45,000 Penalty for Clean Water Act Violations
The Illinois Pollution Control Board recently granted the State's uncontested motion for summary judgment in People v. Moline Place Development, LLC, Case No. PCB 07-53, which concerned a
residential housing area called One Moline Place, located at 6th Street and 11th Avenue in Moline, Rock Island County, Illinois.
The State alleged that the defendant, which was developing a residential community, terminated coverage of a Clean Water Act permit for its stormwater discharges associated with construction site activities. However, the defendant terminated coverage too early--before all disturbed soils had been finally stabilized, and before all stormwater discharges had been eliminated.
The State alleged that the defendant caused, allowed or threatened to cause water pollution by failing to provide adequate storm water pollution controls; failed to obtain coverage under the general National Pollutant Discharge Elimination System ("NPDES") storm water permit prior to commencing construction site activities; failed to prepare and implement an adequate Storm Water Pollution Prevention Plan ("SWPPP"); and submitted a Notice of Termination of permit coverage prior to final stabilization being achieved at the site.
After granting summary judgment, the Pollution Control Board held that the defendant must pay a $45,000 civil penalty. The Board also ordered that the defendant "must properly implement the SWPPP in its NPDES permit, and comply with all other requirements of that permit. When final site stabilization has been accomplished and all storm water discharges from construction activities have been eliminated, [defendant] must promptly submit a Notice of Termination to IEPA." The Board also ordered that the defendant "must cease and desist from further violations of the [Illinois Environmental Protection] Act and the Board’s regulations."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
residential housing area called One Moline Place, located at 6th Street and 11th Avenue in Moline, Rock Island County, Illinois.
The State alleged that the defendant, which was developing a residential community, terminated coverage of a Clean Water Act permit for its stormwater discharges associated with construction site activities. However, the defendant terminated coverage too early--before all disturbed soils had been finally stabilized, and before all stormwater discharges had been eliminated.
The State alleged that the defendant caused, allowed or threatened to cause water pollution by failing to provide adequate storm water pollution controls; failed to obtain coverage under the general National Pollutant Discharge Elimination System ("NPDES") storm water permit prior to commencing construction site activities; failed to prepare and implement an adequate Storm Water Pollution Prevention Plan ("SWPPP"); and submitted a Notice of Termination of permit coverage prior to final stabilization being achieved at the site.
After granting summary judgment, the Pollution Control Board held that the defendant must pay a $45,000 civil penalty. The Board also ordered that the defendant "must properly implement the SWPPP in its NPDES permit, and comply with all other requirements of that permit. When final site stabilization has been accomplished and all storm water discharges from construction activities have been eliminated, [defendant] must promptly submit a Notice of Termination to IEPA." The Board also ordered that the defendant "must cease and desist from further violations of the [Illinois Environmental Protection] Act and the Board’s regulations."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Sunday, November 28, 2010
Printing Business Settles State Enforcement Action Alleging Air Emission Violations
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Avante, LLC, Case No. PCB 10-77, which concerned the defendant's lithographic printing business formerly located at 865 North Ellsworth Avenue in Villa Park, DuPage County, Illinois and subsequently located at 1228 West Capital Drive in Addison, DuPage County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act by constructing and operating printing presses, which were emissions sources, without first obtaining the requisite permits from the Illinois Environmental Protection Agency ("IEPA"); by failing to submit the required certification to the IEPA, keep required records, and pay construction permit fees; by failing to submit Annual Emissions Reports (AERs) for 1992 through 2005 and for 2008 and to timely submit an AER for 2006; and by operating emissions sources without submitting an operating program to control fugitive particulate matter emissions.
Under the settlement, the defendant does not affirmatively admit the alleged violations, but it agrees to pay a civil penalty of $10,000, $800 of which represents avoided permit fees.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act by constructing and operating printing presses, which were emissions sources, without first obtaining the requisite permits from the Illinois Environmental Protection Agency ("IEPA"); by failing to submit the required certification to the IEPA, keep required records, and pay construction permit fees; by failing to submit Annual Emissions Reports (AERs) for 1992 through 2005 and for 2008 and to timely submit an AER for 2006; and by operating emissions sources without submitting an operating program to control fugitive particulate matter emissions.
Under the settlement, the defendant does not affirmatively admit the alleged violations, but it agrees to pay a civil penalty of $10,000, $800 of which represents avoided permit fees.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, October 22, 2010
Owner of Landfill Settles State Enforcement Action Alleging Methane Gas Violations
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Roxana Landfill, Inc., Case No. PCB 11-4, which concerned the defendant's landfill facility at 4601 Cahokia Road in Roxana, Madison County, Illinois.
The State alleged that the defendant violated Illinois environmental laws and regulations by (1) failing to notify the Illinois EPA within two business days of observed exceedances of methane gas limits, (2) conducting a waste-storage, waste-treatment, or waste-disposal operation in violation of regulations or standards adopted by the Pollution Control Board, and (3) conducting a waste-storage, waste-treatment, or waste-disposal operation in violation of a condition within the operating permit by failing to submit an application to the IEPA for significant modification within 180 days of the occurrences.
Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $10,000 and complete a supplemental environmental project
consisting of landfill disposal services with a settlement value of $18,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated Illinois environmental laws and regulations by (1) failing to notify the Illinois EPA within two business days of observed exceedances of methane gas limits, (2) conducting a waste-storage, waste-treatment, or waste-disposal operation in violation of regulations or standards adopted by the Pollution Control Board, and (3) conducting a waste-storage, waste-treatment, or waste-disposal operation in violation of a condition within the operating permit by failing to submit an application to the IEPA for significant modification within 180 days of the occurrences.
Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $10,000 and complete a supplemental environmental project
consisting of landfill disposal services with a settlement value of $18,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, October 18, 2010
Defendant Agrees to Pay Penalty for Failure to Provide Notification Concerning Tire Storage
The Illinois Pollution Control Board recently accepted the parties' settlement of People v. Pickett, Case No. PCB 10-87, which concerned the defendant's used car lot at 1401 Broadway, Rockford, Winnebago County, Illinois. The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to notify the Illinois Environmental Protection Agency that defendant was operating a tire storage site and failing to register and pay a fee for the tire storage site.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $1,340.00.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $1,340.00.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Wednesday, October 13, 2010
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.
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.
Sunday, October 10, 2010
Individual Settles State Water Enforcement Action for $12,000
The Illinois Pollution Control Board recently accepted the parties' settlement of People v. Rawson, Case No. PCB 09-91, which concerned a sanitary sewer and potable water lines to service future residential subdivisions in the City of Crystal Lake, McHenry County, Illinois.
The State alleged that the Rawson violated state environmental laws by "by causing, threatening, or allowing the discharge of a contaminant into the environment so as to cause or tend to cause water pollution; by depositing contaminants onto the land so as to create a water pollution hazard; and by allowing storm water discharges in violation the general National Pollutant Discharge Elimination System (NPDES) storm water permit for construction site activities."
Under the settlement terms, Rawson did not affirmatively admit the alleged violations but agreed to pay a civil penalty of $12,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the Rawson violated state environmental laws by "by causing, threatening, or allowing the discharge of a contaminant into the environment so as to cause or tend to cause water pollution; by depositing contaminants onto the land so as to create a water pollution hazard; and by allowing storm water discharges in violation the general National Pollutant Discharge Elimination System (NPDES) storm water permit for construction site activities."
Under the settlement terms, Rawson did not affirmatively admit the alleged violations but agreed to pay a civil penalty of $12,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Saturday, August 21, 2010
Hillside Landfill Owners and Operators to Pay Over $1 Million Penalty and Complete Compliance Plan
On August 18, 2010, the Illinois Attorney General's office announced the entry of a consent decree between the State of Illinois and the owners and operators of the Hillside landfill, a former solid waste landfill located at 4100 W. Frontage Rd., Hillside, Illinois. Residents (and those driving past the landfill) have endured periods of sometimes nauseating odors since at least January 2004.
Under the terms of the consent decree, the defendants must pay a civil penalty of $1 million to address past conduct. The defendants must also pay $100,000 to Illinois EPA for costs incurred up to the entry of the agreement and up to $25,000 for future costs associated with Illinois EPA implementing a Community Relations Plan. Additionally, the defendants will reimburse the Attorney General’s office $100,000 for its costs of investigating and litigating the case.
The consent decree also confirms that the actions required of the defendants in prior agreed preliminary injunctions entered in April 2006 and January 2007 have been completed. Those actions included: addressing the alleged hazards created by the uncontrolled release of landfill gas and evaluating and controlling all of the causes of odors at the site which, in conjunction with the installation of a 55-acre cover system, achieved a significant reduction in both reported odor complaints and surface emissions within the past year.
Within 45 days, the defendants are required to submit to the Attorney General's office and Illinois EPA a Landfill Compliance Plan that will include, among other things, a number of work plans that address: landfill settlement and the effect it may have on the facility’s cover; landfill gas collection and control systems and air quality; monitoring and corrective actions; leachate (contaminated waste water) monitoring and removal; surface water management; and groundwater monitoring and corrective actions.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Under the terms of the consent decree, the defendants must pay a civil penalty of $1 million to address past conduct. The defendants must also pay $100,000 to Illinois EPA for costs incurred up to the entry of the agreement and up to $25,000 for future costs associated with Illinois EPA implementing a Community Relations Plan. Additionally, the defendants will reimburse the Attorney General’s office $100,000 for its costs of investigating and litigating the case.
The consent decree also confirms that the actions required of the defendants in prior agreed preliminary injunctions entered in April 2006 and January 2007 have been completed. Those actions included: addressing the alleged hazards created by the uncontrolled release of landfill gas and evaluating and controlling all of the causes of odors at the site which, in conjunction with the installation of a 55-acre cover system, achieved a significant reduction in both reported odor complaints and surface emissions within the past year.
Within 45 days, the defendants are required to submit to the Attorney General's office and Illinois EPA a Landfill Compliance Plan that will include, among other things, a number of work plans that address: landfill settlement and the effect it may have on the facility’s cover; landfill gas collection and control systems and air quality; monitoring and corrective actions; leachate (contaminated waste water) monitoring and removal; surface water management; and groundwater monitoring and corrective actions.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, August 17, 2010
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.
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.
Sunday, August 15, 2010
$15,000 Settlement of State Enforcement Action by Operator of Liquid Agricultural-Chemical Facility
The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Thermogas Co., Case No. PCB 10-10, which concerned a liquid agricultural-chemical facility located approximately two miles south of McLeansboro, Hamilton County.
The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to control the agrichemicals handled at the facility and thereby causing or threatening water pollution and causing or allowing groundwater quality exceedences. Under the terms of the settlement, the defendant denies the alleged violations but agrees to pay a civil penalty of $15,000. The settlement further provides that the facility is the property of Ferrellgas, L.P., a signatory to the settlement, and that Ferrellgas must “obtain a deed restriction on the former facility property prohibiting withdrawal of the groundwater for potable use within the area where concentrations of agrichemicals exceed the Class I Groundwater Standards.”
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to control the agrichemicals handled at the facility and thereby causing or threatening water pollution and causing or allowing groundwater quality exceedences. Under the terms of the settlement, the defendant denies the alleged violations but agrees to pay a civil penalty of $15,000. The settlement further provides that the facility is the property of Ferrellgas, L.P., a signatory to the settlement, and that Ferrellgas must “obtain a deed restriction on the former facility property prohibiting withdrawal of the groundwater for potable use within the area where concentrations of agrichemicals exceed the Class I Groundwater Standards.”
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, August 3, 2010
Residential Property Owners Settle Alleged Water Pollution Violations for $5,500
The Illinois Pollution Control Board recently accepted the settlement in People v. Fairfield, Case No. PCB 10-105, which concerned the defendants' residential property located at 1990 Lake Jacksonville Road in Jacksonville, Morgan County, Illinois.
The State alleged that the defendants violated the Illinois Environmental Protection Act by by causing, allowing, or threatening to cause water pollution and by violating a water quality standard. Specifically, the State alleges that the defendants deposited a contaminant upon the land in such a place and manner as to create a water pollution hazard, and violated a water quality standard by causing, allowing, or threatening to allow offensive conditions in an unnamed tributary of Sandy Creek. The State further alleged that the defendants caused, threatened, or allowed the discharge of a contaminant into a water of the State without a National Pollutant Discharge Elimination System permit.
Under the terms of the settlement, the defendants admit the alleged violations and agree to pay a civil penalty of $5,500.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendants violated the Illinois Environmental Protection Act by by causing, allowing, or threatening to cause water pollution and by violating a water quality standard. Specifically, the State alleges that the defendants deposited a contaminant upon the land in such a place and manner as to create a water pollution hazard, and violated a water quality standard by causing, allowing, or threatening to allow offensive conditions in an unnamed tributary of Sandy Creek. The State further alleged that the defendants caused, threatened, or allowed the discharge of a contaminant into a water of the State without a National Pollutant Discharge Elimination System permit.
Under the terms of the settlement, the defendants admit the alleged violations and agree to pay a civil penalty of $5,500.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, August 2, 2010
Aluminum Products Manufacturer Fined $716,440 for Air Pollution Violations
The Illinois Pollution Control Board recently issued an opinion in People v. Toyal, Inc., Case No. PCB 00-211, which concerned the defendant's operation of an aluminum products manufacturing facility located at 17401 South Broadway, Lockport, Will County, Illinois. The State's complaint related to the defendant's alleged failure to control emissions of volatile organic materials ("VOM") in violation of the Illinois Environmental Protection Act and environmental regulations. Count I of the complaint alleged that the defendant failed, as required, to achieve VOM reductions of at least 81% no later than March 15, 1995. Count II alleges that, by failing to control sources accordingly to industry standards, Toyal caused, allowed, or threatened air pollution.
There was no dispute that the defendant was out of compliance with VOM control standards from March 15, 1995 to April 30, 2003. There was also no dispute that the defendant has been in compliance since April 30, 2003. The dispute between the parties was over the appropriate penalty. The Board found that a penalty was appropriate based on several factors:
"In summary, the Board finds that the analysis of the Section 33 (c) factors warrants imposition of a remedy, including a penalty, for Toyal’s eight year period of non-compliance. The character and degree of injury to the People’s health, safety, and welfare was great, and of long duration. While Toyal certainly has social and economic value as a business and employer, that is undercut during the period of its emission of excess VOM emissions in a non-attainment area. Likewise, the suitability of its location is slightly undercut during the period of non-compliance. It was technically feasible and economically reasonable for Toyal to achieve compliance. To the extent Toyal may have had unusual difficulties, it was free to seek regulatory relief but did not avail itself of the opportunity to do so. The fact that Toyal has continued to be in compliance since 2003, following its eight year non-compliance period, definitely weighs in Toyal’s favor."
The Board imposed a $400,000 penalty plus $316,440 to recapture the economic benefit that the defendant received from noncompliance. Thus, the total penalty was $716,440.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
There was no dispute that the defendant was out of compliance with VOM control standards from March 15, 1995 to April 30, 2003. There was also no dispute that the defendant has been in compliance since April 30, 2003. The dispute between the parties was over the appropriate penalty. The Board found that a penalty was appropriate based on several factors:
"In summary, the Board finds that the analysis of the Section 33 (c) factors warrants imposition of a remedy, including a penalty, for Toyal’s eight year period of non-compliance. The character and degree of injury to the People’s health, safety, and welfare was great, and of long duration. While Toyal certainly has social and economic value as a business and employer, that is undercut during the period of its emission of excess VOM emissions in a non-attainment area. Likewise, the suitability of its location is slightly undercut during the period of non-compliance. It was technically feasible and economically reasonable for Toyal to achieve compliance. To the extent Toyal may have had unusual difficulties, it was free to seek regulatory relief but did not avail itself of the opportunity to do so. The fact that Toyal has continued to be in compliance since 2003, following its eight year non-compliance period, definitely weighs in Toyal’s favor."
The Board imposed a $400,000 penalty plus $316,440 to recapture the economic benefit that the defendant received from noncompliance. Thus, the total penalty was $716,440.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Saturday, July 17, 2010
Wastewater Treatment Plant Operator Settles Alleged Environmental Violations
The Illinois Pollution Control Board recently accepted the parties' settlement in the case of People v. Penrith, No. PCB 10-94, which concerned the defendant's wastewater treatment plant located on the southeast corner of the intersection of U.S. Highway 41 and W. Wadsworth Road, Wadsworth, Lake County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act by by failing to comply with the monitoring and recording requirements of a National Pollutant Discharge Elimination System (NPDES) permit and by failing to have a person certified by the Illinois EPA supervising the operation of the wastewater treatment plant.
Under the terms of the settlement, the defendant neither admits nor denies the alleged violations but agrees to pay a civil penalty of $5,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act by by failing to comply with the monitoring and recording requirements of a National Pollutant Discharge Elimination System (NPDES) permit and by failing to have a person certified by the Illinois EPA supervising the operation of the wastewater treatment plant.
Under the terms of the settlement, the defendant neither admits nor denies the alleged violations but agrees to pay a civil penalty of $5,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, July 12, 2010
State Settles Enforcement Action Against Dairy Farm For Alleged Water Pollution Violations
The Illinois Pollution Control Board recently accepted the parties' settlement of a State enforcement action in People v. Miller, Case No. PCB 10-43, which concerned a 1,300-acre dairy farm, consisting of two separate parcels: 765 East Rock Grove Road, Orangeville, Stephenson County, Illinois; and 1984 Hickory Grove Road, Dakota, Stephenson County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act by: (1) causing and threatening the discharge of manure and manure-containing runoff into a small tributary, so as to cause water pollution; (2) causing and allowing offensive conditions; (3) failing to provide adequate runoff structures at the farm; (4) failing to construct a temporary manure stack at the farm; (5) placing livestock wastes on soils; and (6) depositing contaminants on land so as to cause water pollution.
Under the terms of the settlement, the defendant neither admits nor denies the violations and agrees to pay a civil penalty of $2,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act by: (1) causing and threatening the discharge of manure and manure-containing runoff into a small tributary, so as to cause water pollution; (2) causing and allowing offensive conditions; (3) failing to provide adequate runoff structures at the farm; (4) failing to construct a temporary manure stack at the farm; (5) placing livestock wastes on soils; and (6) depositing contaminants on land so as to cause water pollution.
Under the terms of the settlement, the defendant neither admits nor denies the violations and agrees to pay a civil penalty of $2,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, June 25, 2010
Owner of Apartment Building to Pay $43,000 Penalty For Failing to Follow Asbestos Requirements During Renovation
The Illinois Pollution Control Board recently accepted the parties' settlement in People v. Al-Algonquin Apartments, LLC, Case No. PCB 09-39, which concerned a residential apartment building at 1605 East 50th Street in Chicago, Cook County, Illinois.
The State alleged that the owners of the building violated the Illinois Environmental Protection Act by: (1) failing to adequately wet and keep wet all regulated asbestos-containing material (RACM) removed during renovation operations until such asbestos-containing waste materials were collected and contained in leak-tight wrapping in preparation for disposal, (2) failing to provide notice of a renovation activity, (3) failing to have a trained foreman or representative present during the disturbance of regulated asbestos containing materials, (4) failing to maintain adequate containment of RACM, thereby causing and allowing the release of asbestos fibers into the environment, and (5) failing to deposit all asbestos-containing waste material within a site permitted to accept such waste as soon as practicable.
Under the terms of the settlement, the owners do not affirmatively admit the alleged violations but agree to pay, jointly and severally, a civil penalty of $43,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the owners of the building violated the Illinois Environmental Protection Act by: (1) failing to adequately wet and keep wet all regulated asbestos-containing material (RACM) removed during renovation operations until such asbestos-containing waste materials were collected and contained in leak-tight wrapping in preparation for disposal, (2) failing to provide notice of a renovation activity, (3) failing to have a trained foreman or representative present during the disturbance of regulated asbestos containing materials, (4) failing to maintain adequate containment of RACM, thereby causing and allowing the release of asbestos fibers into the environment, and (5) failing to deposit all asbestos-containing waste material within a site permitted to accept such waste as soon as practicable.
Under the terms of the settlement, the owners do not affirmatively admit the alleged violations but agree to pay, jointly and severally, a civil penalty of $43,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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