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.
Monday, April 12, 2010
Sunday, April 11, 2010
IEPA Refers Property Owner to Attorney General for Enforcement for Alleged Improper Management of Waste Tires
The Illinois Environmental Protection Agency has asked the Illinois Attorney General's Office to file an enforcement action against the owner of property located along State Highway 50, near Bourbonnais, Illinois. IEPA alleges that the property owner improperly and unsafely managed waste tires onsite.
According to IEPA, an inspection was done "in response to a reported break in an 8-inch petroleum pipeline. The Illinois EPA inspector observed that the break was likely caused during the excavation of a large volume of soil, which was apparently being dug to bury tires and other wastes. Buckeye representatives installed a metal clamp around the damaged area of the pipe to stop the release, obtained a vacuum truck to recover released product, and took other precautionary measures to prevent contamination of a nearby creek."
IEPA requests that the Attorney General’s Office seek a court order "direct[ing] Lemna and anyone acting on his behalf to cease all activities on-site, including the continued storage of used or waste tires on-site, moving any of the tires and other wastes on-site and any excavation. The Illinois EPA feels that an Order is necessary so that site conditions do not worsen to a point where a cost effective remedy becomes excessive. The Order should also allow the Illinois EPA access to the site to respond to the petroleum release and to remove and properly dispose of all waste, including the used or waste tires. According to Illinois EPA staff, site conditions create a substantial risk to human health and require immediate action."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to IEPA, an inspection was done "in response to a reported break in an 8-inch petroleum pipeline. The Illinois EPA inspector observed that the break was likely caused during the excavation of a large volume of soil, which was apparently being dug to bury tires and other wastes. Buckeye representatives installed a metal clamp around the damaged area of the pipe to stop the release, obtained a vacuum truck to recover released product, and took other precautionary measures to prevent contamination of a nearby creek."
IEPA requests that the Attorney General’s Office seek a court order "direct[ing] Lemna and anyone acting on his behalf to cease all activities on-site, including the continued storage of used or waste tires on-site, moving any of the tires and other wastes on-site and any excavation. The Illinois EPA feels that an Order is necessary so that site conditions do not worsen to a point where a cost effective remedy becomes excessive. The Order should also allow the Illinois EPA access to the site to respond to the petroleum release and to remove and properly dispose of all waste, including the used or waste tires. According to Illinois EPA staff, site conditions create a substantial risk to human health and require immediate action."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Wednesday, April 7, 2010
Insurance Coverage Denied for Designer of Thomas & Friends Toys
On April 5th, the Seventh Circuit Court of Appeals issued its opinion in ACE American Insurance Co. v. RC2 Corp., No. 09-3032. RC2 designs and markets the Thomas & Friends toys, which are manufactured in China.
In 2007, RC2 recalled certain of its wooden railway trains and train set components that had been manufactured in China between 2005 and 2007 because they contained lead. This recall led to numerous class action lawsuits against RC2, alleging that the recalled toys were negligently manufactured and tested.
ACE American Insurance Co. issued commercial general liability policies to RC2. The policies excluded coverage of "occurrences" that took place within the United States. ACE denied coverage for the class action lawsuits against RC2, claiming that the policies excluded the damages in question because the occurrences took place within the United States. RC2 argued that Illinois law compelled the conclusion that an “occurrence” took place in China, where at least some of the negligent acts that “caused” the harm took place.
Under the terms of the policy, the insurance applied only to “bodily injury” and “property damage” caused by an "occurrence" that took place in the "coverage territory." The term “occurrence” was defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” “Coverage Territory” included anywhere in the world but excluded “the United States of America (including its territories and possessions).”
The Seventh Circuit held that ACE did not have a duty to defend RC2 for the class action lawsuits under the terms of the policies:
"In sum, under Illinois law and unless a particular policy contemplates a different definition, an accident occurs when and where all the factors come together at once to produce the force that inflicts injury and not where some antecedent negligent act takes place. Thus, under the policies in question here, the accident that constitutes the policy-triggering occurrence takes place at the location of the exposure to lead paint, not at the location where the products were manufactured and painted. Because the parties agree that all the alleged exposure to the products took place within the United States, these occurrences took place in the excluded coverage area of the ACE international policies."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
In 2007, RC2 recalled certain of its wooden railway trains and train set components that had been manufactured in China between 2005 and 2007 because they contained lead. This recall led to numerous class action lawsuits against RC2, alleging that the recalled toys were negligently manufactured and tested.
ACE American Insurance Co. issued commercial general liability policies to RC2. The policies excluded coverage of "occurrences" that took place within the United States. ACE denied coverage for the class action lawsuits against RC2, claiming that the policies excluded the damages in question because the occurrences took place within the United States. RC2 argued that Illinois law compelled the conclusion that an “occurrence” took place in China, where at least some of the negligent acts that “caused” the harm took place.
Under the terms of the policy, the insurance applied only to “bodily injury” and “property damage” caused by an "occurrence" that took place in the "coverage territory." The term “occurrence” was defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” “Coverage Territory” included anywhere in the world but excluded “the United States of America (including its territories and possessions).”
The Seventh Circuit held that ACE did not have a duty to defend RC2 for the class action lawsuits under the terms of the policies:
"In sum, under Illinois law and unless a particular policy contemplates a different definition, an accident occurs when and where all the factors come together at once to produce the force that inflicts injury and not where some antecedent negligent act takes place. Thus, under the policies in question here, the accident that constitutes the policy-triggering occurrence takes place at the location of the exposure to lead paint, not at the location where the products were manufactured and painted. Because the parties agree that all the alleged exposure to the products took place within the United States, these occurrences took place in the excluded coverage area of the ACE international policies."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, April 6, 2010
U.S. EPA Settles Enforcement Action Concerning Anhydrous Ammonia Release
On April 2nd, U.S. EPA announced that it settled a federal enforcement action against Handy Fertilizer Inc. in Millstadt, Illinois. EPA alleged that the defendant failed to provide immediate notification to the National Response Center of a 4,096-pound release of anhydrous ammonia on Sept. 23, 2008 at its plant located at 5959 Floraville Road. The defendant also failed to update the accident history as required by its Risk Management Plan. According to EPA, the release was caused by persons stealing the anhydrous ammonia for illegal methamphetamine production.
Under the terms of the settlement, the defendant paid a $5,500 penalty and has installed a $22,855 site security system.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Under the terms of the settlement, the defendant paid a $5,500 penalty and has installed a $22,855 site security system.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, April 5, 2010
City of Ottawa, IL Agrees to Pay $150,000 to Settle Superfund Case
On March 25th, a consent decree was agreed to by the parties in United States vs. City of Ottawa, Civil Action No. 10-1887, which concerned facilities at the Ottawa Radiation Areas Superfund Site in Ottawa, LaSalle County, Illinois. The site consists of 16 areas polluted by radioactive materials.
The pollution came from the Radium Dial Co. (from 1918 to 1936) and Luminous Processes, Inc. (from 1937 to 1978), which made glow-in-the-dark dials for clocks and watches using radium-based paint. Building demolition material and soil, polluted with radioactive waste, were used as fill material in the Ottawa area. The federal government sued the City of Ottawa, which owned part of the site and operated a dump on another part of the site, for costs that were incurred and will be incurred for cleaning up the site.
Under the terms of the consent decree, the City of Ottawa will pay $150,000 and also provide approximately $4.35 million in in-kind services, primarily through the provision of clean fill and top soil.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The pollution came from the Radium Dial Co. (from 1918 to 1936) and Luminous Processes, Inc. (from 1937 to 1978), which made glow-in-the-dark dials for clocks and watches using radium-based paint. Building demolition material and soil, polluted with radioactive waste, were used as fill material in the Ottawa area. The federal government sued the City of Ottawa, which owned part of the site and operated a dump on another part of the site, for costs that were incurred and will be incurred for cleaning up the site.
Under the terms of the consent decree, the City of Ottawa will pay $150,000 and also provide approximately $4.35 million in in-kind services, primarily through the provision of clean fill and top soil.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, April 2, 2010
City of Naperville Releases Draft Environmental Sustainability Plan
The City of Naperville, Illinois recently released its Draft Environmental Sustainability Plan, the purpose of which is to "establish a long-term vision for environmental sustainability in Naperville, a guide for the city's actions related to environmental leadership and initiatives over the next ten years."
The draft plan focuses on five specific areas: (1) leadership and education, (2) resources and energy, (3) mobility, (4) waste management and recycling, and (5) sustainable development and infrastructure. The City also released a draft work plan that provides recommended actions for each of these five areas. The Naperville City Council will consider the recommendations of the Environmental Sustainability Plan during a workshop at 5 p.m. April 13 in Meeting Rooms A, B & C of the Naperville Municipal Center, 400 S. Eagle St.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The draft plan focuses on five specific areas: (1) leadership and education, (2) resources and energy, (3) mobility, (4) waste management and recycling, and (5) sustainable development and infrastructure. The City also released a draft work plan that provides recommended actions for each of these five areas. The Naperville City Council will consider the recommendations of the Environmental Sustainability Plan during a workshop at 5 p.m. April 13 in Meeting Rooms A, B & C of the Naperville Municipal Center, 400 S. Eagle St.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Thursday, April 1, 2010
Environmental Appeals Board Affirms $105,590 Penalty for Violations of Safe Drinking Water Act
On March 30th, the Environmental Appeals Board issued its opinion in In re Rocky Well Service, Inc., SDWA Appeal Nos. 08-03 & 08-04, which concerned defendants' operation of six underground injection wells in Clinton, Effingham, Jefferson and Wayne counties in Illinois. The Appeals Board is the final U.S. EPA decisionmaker on administrative appeals under all major environmental statutes that EPA administers.
In this case, EPA alleged that defendants failed to subject six Class II underground injection wells to mechanical integrity testing and failed to submit annual monitoring reports for the same six wells. An underground injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals. Underground injection wells have a range of uses that include waste disposal, enhancing oil production, mining, and preventing salt water intrusion. EPA regulates underground injection wells to prevent endangerment of drinking water sources.
The Regional Judicial Officer for EPA Region 5 assessed a joint civil penalty of $105,590 against both Rocky Well Service, which held the permit for the wells, and Edward Klockenkemper, who served as the President, Secretary, Treasurer, and Agent for, as well as conducting the day-to-day operations of, the corporation. The Appeals Board affirmed the Officer's order assessing the penalty. In particular, the Appeals Board held that "the scope of liability under both the [Safe Drinking Water Act] and the approved Illinois [Underground Injection Control] program is not, as Mr. Klockenkemper asserts, limited to permittees. Indeed . . . the Board finds that the applicable statutory and regulatory provisions unambiguously extend liability beyond permittees to a broad range of individuals, including individuals, such as Mr. Klockenkemper, acting on behalf of a corporation."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
In this case, EPA alleged that defendants failed to subject six Class II underground injection wells to mechanical integrity testing and failed to submit annual monitoring reports for the same six wells. An underground injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals. Underground injection wells have a range of uses that include waste disposal, enhancing oil production, mining, and preventing salt water intrusion. EPA regulates underground injection wells to prevent endangerment of drinking water sources.
The Regional Judicial Officer for EPA Region 5 assessed a joint civil penalty of $105,590 against both Rocky Well Service, which held the permit for the wells, and Edward Klockenkemper, who served as the President, Secretary, Treasurer, and Agent for, as well as conducting the day-to-day operations of, the corporation. The Appeals Board affirmed the Officer's order assessing the penalty. In particular, the Appeals Board held that "the scope of liability under both the [Safe Drinking Water Act] and the approved Illinois [Underground Injection Control] program is not, as Mr. Klockenkemper asserts, limited to permittees. Indeed . . . the Board finds that the applicable statutory and regulatory provisions unambiguously extend liability beyond permittees to a broad range of individuals, including individuals, such as Mr. Klockenkemper, acting on behalf of a corporation."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Subscribe to:
Posts (Atom)
Posts
