RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
3 0 2000
PEOPLE OF THE STATE OF ILLINOIS
ex rel. GARY W. PACK,
McHenry County State's Attorney,
Plaintiff,
vs .
MICHAEL STRINGINI,
Defendant.
TO: Michael Stringini
437 Spruce Court
Schaumburg, Illinois 60193
PLEASE TAKE NOTICE that we have today filed with the Illinois Pollution Control
Board a Complaint and Certificate of Service on behalf of the Illinois Environmental Protection
Agency, a copy of which is attached hereto and herewith served upon you.
Respectfully submitted,
GARY W . PACK
McHenry County State's Attorney
By :
DATE:
August 30, 2000
THIS FILING IS SUBMITTED ON RECYCLED PAPER
\\MC3000\VOLT\CIVIL\WPSECURE\Stringini\Notic e of Filing doc
NOTICE OF FILING
PCB Q (- t(
3
obin L . Perry
Assistant State's Attorney
2200 N. Seminary Av
Woodstock, Illinois 60098
(815) 334-4159
STATE OF ILLINOIS
Pollution Control Board
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 3 0
zooo
PEOPLE OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
)
ex
rel. GARY W. PACK,
Pollution Control Board
)
McHenry County State's Attorney,
)
Plaintiff,
)
vs.
PCB
C
)
MICHAEL STRINGINI,
)
Defendant.
)
COMPLAINT FOR CIVIL PENALTIES
Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, ex rel
. GARY W .
PACK, McHenry County State's Attorney, complains of Defendant, MICHAEL
STRINGINI as follows:
BACKGROUND
1 .
This complaint is brought on behalf of the People of the State of Illinois
by McHenry County State's Attorney, GARY W
. PACK and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), pursuant to Sections 42(a) (d) (e) and
(f) of the Illinois Environmental Protection Act ("Act")
415 ILCS 5/42(a) (d) (e) and (f),
as amended .
2
. The Illinois Environmental Protection Agency ("Agency") is an
administrative agency of the State of Illinois created by Section 4 of the Act, 415 ILCS
5/4, and is charged with the duty of enforcing the Act
.
3. At
all times relevant to this Complaint, Norman Zimmerman
("Zimmerman") has owned and operated a facility located on McCue Road, south of
Illinois Highway 176 in Union, McHenry County, Illinois ("facility" or "site")
.
4.
On information and belief, from approximately 1980 to 1984, Mr .
Zimmerman leased the facility to the Defendant, Michael Stringini (d/b/a M&G Metal
Reclaiming)("Stringhini"), who used the property for the purpose of reclaiming metals
from foundry sand.
5 .
Sloan Valve Company ("Sloan") is a corporation organized and existing
under the laws of the State of Illinois
. Sloan generated some of the foundry sand stored
at the site .
6.
On information and belief, Mr . Stringini abandoned the property in the
mid-1980's, leaving 170 drums of foundry sand, 2600 cubic yards of foundry sand in
piles and 120 cubic yards of sand in surface impoundments that were stored at the
facility .
7 .
At all times relevant to this Complaint, site samples that were taken at the
facility indicated that the foundry sand contained levels of lead, which exceeded
regulatory limits .
8.
From at least May 17, 1982, and continuing to the present, the Defendant
has not had a permit to treat, store or dispose of hazardous waste at the facility .
9 .
From at least May 17, 1982, and continuing to the present, the Defendant
has not had a permit from the IEPA to develop or operate a solid waste management site
.
10. On information and belief, Sloan, with the assistance
of Mr. Zimmerman,
performed a closure of the site under 35 Ill . Adm. Code Part 725, Subpart G. On June 9,
1998, the Illinois EPA approved a certification of closure of the site submitted by Sloan
after the objectives set forth in 35 Ill
. Adm. Code Part 742, Tiered Approach to
Corrective Action Objectives were achieved .
2
(0
(1)
COUNT I
CONDUCTING A HAZARDOUS WASTE STORAGE
AND DISPOSAL OPERATION WITHOUT A PERMIT
1-10. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Court I as if fully set forth herein .
11 .
Section 21(f) of the Act, 435 5/21(f), provides, in pertinent part as follows :
No person shall :
Conduct any hazardous waste-storage, hazardous waste-treatment
or hazardous waste-disposal operation :
without a RCRA permit for the site issued by the Agency under
subsection (d) of section 39 of this Act, or in violation of any
condition imposed by such permit, including periodic reports and
full access to adequate records and the inspection of facilities, as
may be necessary to assure compliance with this Act and with
regulations and standards adopted thereunder ; or
(2)
In violation of any regulations or standards adopted by the Board
under this Act ; . . .
12.
Section 703
.121 of the Illinois Pollution Control Board ("Board") Waste
Disposal Regulations, 35 Ill . Adm. Code 703
.121, provides, in pertinent part, as follows :
a)
No person shall conduct any hazardous waste storage, hazardous waste
treatment or hazardous waste disposal operation
:
1)
Without a RCRA permit for the HWM (hazardous waste
management) facility ; or
2)
In violation of any condition imposed by a RCRA permit
;
b)
Owners and operators of HWM units shall have permits during the active
life (including the closure period) of the unit . Owners and operators of
surface impoundments, landfills, land treatment units and waste pile units
that received wastes after July 26, 1982, or that certified closure
(according to 35 111 . Adm. Code 725
.215) after January 26, 1983, shall
have post-closure permits, unless they demonstrate closure by removal or
decontamination, as provided under Section 703
.159 and 703 .160, or
3
Code 703
.150, provides
:
obtain enforceable documents containing alternative requirements, as
provided under Section 703 .161
. If a post-closure permit is required, the
permit must address applicable 35 Ill . Adm . Code 724 groundwater
monitoring, unsaturated zone monitoring, corrective action and post-
closure care requirements .
13 .
Section 703 .150 of the Board Waste Disposal Regulations, 35 Ill
. Adm .
a)
The owner or operator of an existing HWM facility or of an HWM facility
in existence on the effective date of statutory or regulatory amendments
that render the facility subject to the requirement to have a RCRA permit
must submit Part A of the permit application to the Agency no later than
the following times, whichever comes first :
1)
Six months after the date of publication of regulations which
first require the owner or operator to comply with standards in
35 Ill. Adm. Code 725 or 726 ; or
2)
Thirty days after the date the owner or operator first becomes
subject to the standards in 35 Ill . Adm. Code 725 or 726 ; or
3)
For generators which generate greater than 100 kilograms but
less than 1000 kilograms of hazardous waste in
a
calendar
month and treat, store or dispose of these wastes on-site, by
March 24, 1987 .
b)
In granting a variance under subsection
(c), below, the
Board will consider whether there has been substantial
confusion as to whether the owner or operator of such
facilities were required to file a Part A application and
whether such confusion was attributable to ambiguities in
35 Ill. Adm. Code 720, 721 or 725
.
c)
The time for filing Part A of the permit application may be
extended only by a Board Order entered pursuant to a
variance petition .
d)
The owner or operator of an existing HWM facility may be
required to submit Part B of the permit application
. The
Agency will notify the owner or operator that a Part B
application is required, and set a date for receipt of the
application, not less than six months after the date the
notice is sent . The owner or operator may voluntarily
4
submit a Part B application for all or part of the HWM
facility at any time
. Notwithstanding the above, any owner
or operator of an existing HWM facility must submit a Part
B permit application in accordance with the dates specified
in Section 703
.157 . Any owner or operator of a land
disposal facility in existence on the effective date of
statutory or regulatory amendments which render the
facility subject to the requirement to have a RCRA permit
must submit a Part B application in accordance with the
dates specified in Section 703
.157.
e)
Interim status may be terminated as provided in Section
703 .157
14.
Section 724
.101 (a) of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 724
.101(a), provides as follows
:
a)
The purpose of this Part is to establish minimum standards that
define the acceptable management of hazardous waste
.
15 .
Section 702.110
of the Board Waste Disposal Regulations, 35 Ill
. Adm.
702.110,
provides in pertinent part, the following definitions
:
"HWM facility" (RCRA) means "Hazardous Waste Management Facility"
"Hazardous waste management facility ("HWM facility") means all
contiguous land and structures, other appurtenances and improvements on
the land, used for treating, storing or disposing of "hazardous waste"
. A
facility may consist of several "treatment", "storage" or "disposal"
operational units (for example, one or more landfills, surface
impoundments or combinations of them) .
"Hazardous Waste" (RCRA and UIC) means a hazardous waste as defined
in 35111 . Adm. Code 721
.103.
"Disposal" (RCRA) means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any "hazardous waste" into or on any land
or water so that such hazardous waste or any constituent of the waste may
enter the environment or be emitted into the air or discharged into any
waters, including ground water
.
"Storage" (RCRA) means the holding of "hazardous waste" for a
temporary period, at the end of which the hazardous waste is treated,
disposed or stored elsewhere
.
5
"Treatment" (RCRA) means any method, technique, process, including
neutralization, designed to change the physical, chemical or biological
character or composition of any "hazardous waste" so as to neutralize such
wastes, or so as to recover energy or material resources from the waste, or
so as to render such wastes non-hazardous, or less hazardous ; safer to
transport, store or dispose of; or amenable for recovery, amenable for
storage or reduced in volume .
16 .
Section 721 .102 of the Board Waste Disposal Regulations, 35 Ill . Adm.
Code 721 .102, provides in pertinent part, as follows :
a)
Solid Waste.
1)
A solid waste is any discarded material that is not excluded by
Section 721 .104(a) or that is not excluded pursuant to 35 Ill . Adm. Code
720.130 and 720 .131 .
b)
Materials are solid waste if they are abandoned by being
:
1)
Disposed of: or
2)
Burned or incinerated ; or
3)
Accumulated, stored or treated (but not recycled) before or
in lieu of being abandoned by being disposed of, burned or
incinerated .
17.
Section 721 .103 of the Board Waste Disposal Regulations, 35 Ill . Adm.
Code 721 .103, provides, in pertinent part, as follows
:
a)
A solid waste, as defined in Section 721 .102, is a hazardous waste
if:
1)
It is not excluded from regulation as a hazardous waste
under Section 721 .104(b); and
2)
It meets any of the following criteria :
6
2)
A discarded material is any material that is :
section;
section;
A)
B)
C)
Abandoned, as explained in subsection (b) of this
Recycled, as explained in subsection (c) of this
Considered inherently waste-like, as explained in
subsection (d) of this section ; . . .
Code 721 .124, in effect in 1988, provided as follows :
A)
It exhibits any of the characteristics of hazardous
waste identified in subpart C of this Part
. . .
18.
The foundry sand is material that was abandoned on Defendant
Zimmerman's property .
19 .
The foundry sand located at the facility constituted solid waste as that term
is defined in the Board Waste Disposal Regulations .
20. Section 721 .120(a) of the Subpart C of Part 721 of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 721 .120(a), provides, in pertinent part, as
follows:
a) A solid waste, as defined in Section 721
.102, which is not
excluded from regulation as a hazardous waste under Section
721 .104(b), is hazardous waste if it exhibits any of the
characteristics identified in this Subpart .
21
.
Section 721 .124 of the Board Waste Disposal regulations, 35 Ill
. Adm
.
a)
A solid waste exhibits the characteristic of EP toxicity if, using the
test methods described in Appendix II or equivalent methods
(Section 720 .121), the extract from a representative sample of the
waste contains any of the contaminants listed in Table I at a
concentration equal to or greater than the respective value given in
that Table . Where the waste contains less than 0
.5 percent
filterable solids, the waste itself, after filtering is considered to be
the extract for the purpose of this Section .
b)
A solid waste that exhibits the characteristic of EP toxicity, but is
not listed as a hazardous waste in Subpart D, has the EPA
Hazardous Waste Number specified in Table I which corresponds
to the toxic contaminant causing it to be hazardous
.
Table I . -
CONCENTRATION OF CONTAMINANTS FOR
CHARACTERISTICS OF EP TOXICITY
EPA
Hazardous
7
Waste
Concentration
Number
Contaminant
(mg/1)
D008
Lead
5.0
22 .
Effective as of the filing of this complaint, Section 721
.124 of the Board
Waste Disposal regulations, 35 Ill
. Adm. Code 721
.124, provides as follows :
a)
A solid waste exhibits the characteristic of toxicity if, using the
Toxicity Characteristic Leaching Procedure (TCLP), test Method
1311 in
"Test Methods for
Evaluating Solid
Waste,
Physical/Chemical Methods", U
.S . EPA Publication SW-846, as
incorporated by reference in 35 Ill
. Adm
. Code 720 .111, the extract
from a representative sample of the waste contains any of the
contaminants listed in the table in subsection (b) below at a
concentration equal to or greater than the respective value given in
that table
. Where the waste contains less than 0
.5 percent filterable
solids, the waste itself, after filtering using the methodology
outlined in Method 1311, is considered to be the extract for the
purpose of this Section .
b)
A solid waste that exhibits the characteristic of toxicity has the
U.S
. EPA Hazardous Waste Number specified in the following
table that corresponds to the toxic contaminant causing it to be
hazardous .
MAXIMUM CONCENTRATIONS OF CONTAMINANTS FOR THE
23 .
The foundry sand stored at the facility contained lead which exhibits the
characteristic of toxicity as defined in Section 721
.124 of the Board Waste Disposal
regulations and was a hazardous waste identified by number D008
.
8
TOXICITY
CHARACTERISTIC
USEPA
Hazardous
Regulatory
Waste
CAS Level
Number
Contaminant No.
Note MG/1)
D008
Lead
7439-92-1 5.0
24.
On information and belief, from at least January 12, 1988 until June 9,
1998, the Defendant stored and/or disposed of foundry sand containing lead, hazardous
waste as defined in the Board Waste Disposal Regulations, at the facility
.
25.
The Defendant conducted a hazardous waste storage and/or hazardous
waste disposal operation without a RCRA permit issued by the Agency for the facility, in
violation of Section 21(f) of the Act and Sections 703
.121 and 703
.150 of the Board
Waste Disposal Regulations .
26 .
Plaintiff requires all RCRA storage or disposal site's to post financial
assurances pursuant to Section 21(f) of the Act and Sections 725
.243, 725
.245 and
725
.246 of the Board Waste Disposal Regulations
.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILINOIS, respectfully
requests that this Court enter an order against Defendant with respect to Count I
:
A .
Finding that Defendant has caused or allowed violations of Section 21(f)
of the Act and 35 Ill . Adm
. Code 703 .121 and 703
.150;
B .
Assessing a civil penalty of twenty-five thousand dollars ($25,000
.00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred ;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant
; and
D .
Granting such other relief as this Court deems appropriate
.
COUNTII
FAILURE TO PROPERLY STORE HAZARDOUS WASTE
1-10
. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count II as if fully set forth herein
.
9
11
.
Section 725
.271 of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 725 .271 (a) provides as follows :
If a container holding hazardous waste is not in good condition or if it
begins to leak, the owner or operator shall transfer the hazardous waste
from this container to a container that is in good condition or manage the
waste in some other way that it complies with the requirements of this
Part.
12.
Section 725.273(a) and (b) of the Board Waste Disposal Regulations, 35
Ill . Adm. Code 725
.273(a) and (b) provides as follows :
a)
A container holding hazardous waste must always be closed during
storage, except when it is necessary to add or remove waste
.
b)
A container holding hazardous waste must not be opened, handled
or stored in a manner which may rupture the container or cause it to leak .
13
.
Section 728
.150(a) of the Board Waste Disposal Regulations, 35 Ill . Adm.
Code 728
.150(a), provide as follows :
a)
Except as provided in this Section, the storage of hazardous wastes
restricted from land disposal under Subpart C of this Part is
prohibited, unless the following conditions are met
:
1)
A generator stores such wastes in tanks, containers or
contaminant buildings on-site solely for the purpose of the
accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment or
disposal and the generator complies with the requirements
in 35 Ill
. Adm . Code 722 .134 and 35 Ill . Adm
. Code 724
and 725
. (A generator that is in existence on the effective
date of a regulation under this Part and which must store
hazardous wastes for longer than 90 days due to the
regulations under this Part becomes an owner or operator of
a storage facility and shall obtain a RCRA permit, as
required by 35 Ill
. Adm. Code 703 . Such a facility may
qualify for interim status upon compliance with the
regulations governing interim status under 35 Ill
. Adm.
Code 703 .153 .)
10
2)
An owner or operator of a hazardous waste treatment,
storage or disposal facility stores such wastes in tanks,
containers or containment buildings solely for the purpose
of the accumulation of such quantities of hazardous waste
as necessary to facilitate proper recovery, treatment or
disposal and each of the following conditions are fulfilled
:
A)
Each container is clearly marked to identify its
contents and the date each period of accumulation
begins ; and
B)
Each tank is clearly marked with a description of its
contents, the quantity of each hazardous waste
received and the date each period of accumulation
begins, or such information is recorded and
maintained in the operating record at the facility
.
Regardless of whether the tank itself is marked, the
owner and operator shall comply with the operating
record requirements of 35 Ill
. Adm. Code 724.173
or 725.173
.
3)
A transporter stores manifested shipments of such wastes at
a transfer facility for 10 days or less .
14.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to maintain the drums of hazardous waste in
good condition and keep the drums closed during storage in violation of Sections 725
.271
and 725 .273(a) of the Board Waste Disposal Regulations
.
15.
On information and belief, from at least April 14, 1992 until at least
November 3, 1994, the Defendant stored hazardous waste at the facility in violation of
Section 728
.150(a) of the Board Waste Disposal Regulations .
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this court enter an order against Defendant with respect to
Count II :
11
A.
Finding the Defendant has caused or allowed violations of 35 Ill
. Adm .
Code 725
.271, 725
.273(a) and 728 .150(a) ;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000 .00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred ;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant ; and
D.
Granting such other relief as this court deems appropriate .
COUNT III
FAILURE TO INSTITUTE PROPER SITE ENTRY CONTROLS
1-10. Plaintiff realleges and incorporates by reference paragraphs 1 though 10 as
paragraph 1 through 10 of this Count III as if fully set forth herein
.
11 .
Section 725 .114 of the Board Waste Disposal Regulations 35 Ill . Adm.
Code 725 .114, provides as follows :
a)
The owner or operator must prevent the unknowing entry and
minimize the possibility for the unauthorized entry of persons or
livestock onto the active portion of his facility, unless:
1)
Physical contact with the waste, structures, or equipment of
the active portion of the facility will not injure unknowing
or unauthorized persons or livestock that may enter the
active portion of a facility; and
2)
Disturbance of the waste or equipment by the unknowing
or unauthorized entry of persons or livestock onto the
active portion of a facility will not cause a violation of the
requirements of this Part .
b)
Unless exempt under subsections (a)(1) and (a)(2) above, a facility must
have:
12
1)
A 24-hour surveillance system (e.g.,
television monitoring or
surveillance by guards or facility personnel) that continuously
monitors and controls entry into the active portion of the
facility ; or
2)
Controlled access, including the following minimum
elements :
A)
An artificial or natural barrier
(e.g., a fence in good
repair or a fence
. combined with a cliff), that
completely surrounds the active portion of the facility
;
and
B)
A means to control entry at all times through the
gates or other entrances to the active portion of the
facility (e.g.
an attendant, television monitors,
locked entrance or controlled roadway access to the
facility) .
c)
Unless exempt under subsections (a)(1) and (a)(2)
above, a sign
with the legend, "Danger-Unauthorized Personnel Keep Out",
must be posted at each entrance to the active portion of a facility
and at other locations, in sufficient numbers to be seen from any
approach to this active portion
. The sign must be legible from a
distance of at least 25 feet
. Existing signs with a legend other than
"Danger-Unauthorized Personnel Keep Out" may be used if the
legend on the sign indicates that only authorized personnel are
allowed to enter the active portion and that entry onto the active
portion can be dangerous .
12
.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to control entry to the site at all times through
the gates or other entrances, failed to post a "Danger-Unauthorized Personnel Keep Out"
sign and failed to prevent the unknowing entry and minimize the possibility of
unauthorized entry of persons or livestock onto the active portion of the facility in
violation of Section 725
.114 of the Board Waste Disposal Regulations .
13
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court enter an order in favor of Plaintiff and against Defendant with
respect to Count III :
A.
Finding that Defendant has caused or allowed violations of 35 Ill . Adm.
Code 725 .114
;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000.00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred ;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant ; and
D.
Granting such other relief as this Court deems appropriate .
COUNT IV
FAILURE TOCONDUCT PROPERTY INSPECTIONS
AND MAINTAIN PROPER INSPECTION RECORDS
1-10. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count IV as if fully set forth herein .
11 .
Section 725 .115 of the Board Waste Disposal Regulations 35 111
. Adm.
Code 725 .115, provides, in pertinent part, as follows :
a)
The owner or operator shall inspect the facility for malfunctions
and deterioration, operator errors and discharges that may be
causing, or may lead to, the conditions listed below
. The owner or
operator shall conduct these inspections often enough to identify
problems in the time to correct them before they harm human
health or the environment .
1)
Release of hazardous waste constituents to the
environment ; or
14
2)
A threat to human health
.
b)
Written Schedule.
1)
The owner or operator shall develop and follow a written
schedule for inspecting all monitoring equipment, safety
and emergency equipment, security devices and operating
and structural equipment (such as dikes and sump pumps)
that are important to preventing, detecting or responding to
environmental or human health hazards.
2)
The owner or operator shall keep this schedule at the
facility .
3)
The schedule must identify the types of problems (e.g.
malfunctions or deterioration) that are to be looked for
during the inspection (e .g.
inoperative sump pump, leaking
fitting, eroding dike, etc .)
4)
The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the
rate of deterioration, of the equipment and the probability
of an environmental or human health incident if the
deterioration, malfunction or any operator error goes
undetected between inspections
. Areas subject to spills,
such as loading and unloading areas, must be inspected
daily when in use . At a minimum, the inspection schedule
must include the items and frequencies called for in
Sections 725 .274, 725
.293, 725 .295, 725 .326, 725
.360,
725.378, 725.404,
725 .447, 725 .477, 725 .503, 725 .933,
725.952, 725.953, 725.958, and 725
.984 through 725 .990,
where applicable
.
12 .
Section 725 .274 of the Board Waste Disposal Regulations, 35 Ill
.
Adm. Code 725
.274, provides as follows :
The owner or operator shall inspect areas where containers are stored at
least weekly, looking for leaks and for deterioration caused by corrosion
or other factors .
13 .
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to comply with general inspection requirements,
15
maintain an inspection log or summary and inspect the container storage area in violation
of Sections 725
.115 and 725
.274 of the Board Waste Disposal Regulations .
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court enter an order in favor of Plaintiff and against Defendant with
respect to Count IV :
A.
Finding that Defendant has caused or allowed violations of 35 Ill
. Adm.
Code 725
.115(a) and (b) and 725
.274;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000
.00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred
;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant
; and
D.
Granting such other relief as this Court deems appropriate
.
COUNT V
FAILURE TOKEEP
AND MAINTAIN PROPER RECORDSAT
THE FACILITY
1-10
. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count V as if fully set forth herein
.
11 .
Section 725
.173 of the Board Waste Disposal regulations 35 111
. Adm.
Code 725
.173, provides, in part, as follows
:
a)
The owner or operator shall keep a written operating record at the facility
.
b)
The following information must be recorded as it becomes available and
maintained in the operating record until closure of the facility
.
16
1)
A description and the quantity of each hazardous waste
received and the method or methods and date or dates of its
treatment, storage or disposal at the facility as required by
section 725, Appendix A
:
2)
The location of each hazardous waste within the facility
and quantity at each location
. For disposal facilities the
location and quantity of each hazardous waste must be
recorded on a map or diagram of each cell or disposal area
.
For all facilities this information must include cross-
references to specific manifest document numbers if the
waste was accompanied by a manifest
;
3)
Records and results of waste analysis, waste
determinations, and trial tests performed as specified in
Sections 725 .113, 725 .300, 725
.325, 725 .352, 725 .373,
725 .414, 725
.441, 725 .475 725.502, 725
.934, 725 .963,
725
.984 and 35 Ill . Adm. Code 728
.104(a) and 728 .107 ;
4)
Summary reports and details of all incidents that require
implementing the contingency plan as specified in Section
725 .156(j) ;
5)
Records and results of inspections as required by Section
725
.115(d) (except these data need be kept only three
years);
6)
Monitoring, testing or analytical data where required by
Subpart F of this Part of Sections 725
.119, 725 .190,
725 .194, 725 .291, 725.293,
725 .295, 725
.322, 725 .323,
725 .326, 725 .355, 725
.359, 725 .360, 725
.376, 725 .378,
725
.380(d)(1), 725 .402 through 725
.404, 725
.447, 725 .477,
725 .934(c) through (f),
725 .935, 725
.963(d) through (i),
725.964, and 725
.1083 through 725.990;
7)
All closure cost estimates under Section 725
.242 and, for
disposal facilities, all post-closure cost estimates under
725 .244
;
8)
Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units
under an extension of the effective date of any land
disposal restriction granted pursuant to 35 Ill Adm
. Code
728.105, a petition pursuant to 35 Ill
. Adm. Code 728
.106
or a certification under 35 Ill
. Adm . Code 728
.108, and the
17
applicable notice required of a generator under 35 111
. Adm.
Code 728 .107(a) ;
9)
For an off-site treatment facility, a copy of the notice, and
the certification and demonstration, if applicable, required
of the generator or the owner or operator under 35 Ill
. Adm.
Code 728 .107 or 728 .108;
10)
For an on-site treatment facility, the information contained
in the notice (except in the manifest number) and the
certification and demonstration, if applicable, required of
the generator or the owner or operator under 35111
. Adm.
Code 728 .107 or 728.108;
11)
For an off-site land disposal facility, a copy of the notice
and the certification and demonstration, if applicable,
required of the generator or the owner or operator of a
treatment facility under 35 Ill
. Adm. Code 728
.107 or
728 .108;
12)
For an on-site land disposal facility, the information
contained in the notice required of the generator or owner
or operator of a treatment facility under 35 Ill . Adm
. Code
728
.107, except for the manifest number, and the
certification and demonstration, if applicable, required
under 35 Ill. Adm . Code 728
.107 or 728 .108;
13)
For an off-site storage facility, a copy of the notice and the
certification and demonstration, if applicable, required of
the generator or the owner or operator under 35 Ill
. Adm.
Code 728 .107 or 728.108; and,
14)
For an on-site storage facility, the information contained in
the notice (except the manifest number), and the
certification and demonstration, if applicable, required of
the generator or the owner or operator under 35 Ill
. Adm.
Code 728 .107 or 728.108.
12 .
Section 725
.175 or the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 725 .175 provides as follows
:
The owner or operator shall prepare and submit a single copy of an annual report
to the Agency by March 1 of each year
. The report form and instructions supplied
by the Agency must be used for this report
. The annual report must cover facility
18
activities during the previous calendar year and must include the following
information :
a)
The USEPA identification number (Section 725
.111), name
and address of the facility
;
b)
The calendar year covered by the report
;
c)
For off-site facilities, the U .S
. EPA identification number
of each hazardous waste generator from which the facility
received a hazardous waste during the year
; for imported
shipments, the report must give the name and address of the
foreign generator
;
d)
A description and the quantity of each hazardous waste the
facility received during the year
. For off-site facilities this
information must be listed by USEPA identification
number of each generator
;
e)
The method of treatment, storage or disposal for each
hazardous waste;
I)
g)
Monitoring data under Section 725
.194(a)(2)(B) and (C)
and (b)(2) where required
;
The most recent closure cost estimate under Section
725
.242 and for disposal facilities the most recent post-
closure cost estimate under Section 725
.244;
h)
For generators which treat, store or dispose of hazardous
waste on-site, a description of the efforts undertaken during
the year to reduce the volume and toxicity of the waste
generated;
i)
For generators which treat, store or dispose of hazardous
waste on-site, a description of the changes in volume and
toxicity of waste actually achieved during the year in
comparison to previous years, to the extent such
information is available for years prior to 1984
; and
The certification signed by the owner or operator of the
facility or the owner or operator's authorized
representative .
J)
19
13 .
Section 725
.113(b) of the Board Waste Disposal Regulations, 35 Ill
. Adm
.
Code 725
.113(b), provides as follows :
b)
The owner or operator shall develop and follow a written waste
analysis plan that describes the procedures that the owner or operator will
carry out to comply with subsection (a) of this section
. The owner or
operator shall keep this plan at the facility
. At a minimum, the plan must
specify:
1)
The parameters for which each hazardous waste, or non-
hazardous waste if applicable under Section 725
.213(d),
will be analyzed and the rationale for the selection of these
parameters (i.e.,
how analysis for these parameters will
provide sufficient information on the waste's properties to
comply with subsection (a) of this section
.
2)
The test methods that will be used to test for these
parameters .
3)
The sampling method that will be used to obtain a
representative sample of the waste to be analyzed
. A
representative sample may be obtained using either
:
A)
One of the sampling methods described in 35 Ill
.
Adm
. Code 721, Appendix A, or
B)
An equivalent sampling method
.
4) The frequency with which the initial analysis of the waste
will be reviewed or repeated to ensure that the analysis is
accurate and up-to-date
.
5)
For off-site facilities, the waste analysis that hazardous
waste generators have agreed to supply .
6)
Where applicable, the methods that will be used to meet
the additional waste analysis requirements for specific
waste management methods, as specified in Section
725
.300, 725 .325, 725 .352, 725
.373,725 .414, 725 .441,
725 .475, 725 .502, 725
.934(d), 725 .963(d), and 725
.984,
and 35 111 . Adm
. Code 728 .107.
7)
For surface impoundments exempted from land disposal
restrictions under 35 Ill . Adm
. Code 728 .104(a), the
procedures and schedules for
:
20
14
.
A)
The sampling of impoundment contents
;
B)
The analysis of test data
; and,
C)
The annual removal of residues that are not delisted
under 35 Ill . Adm. Code 720
.122 or that exhibit a
characteristic of hazardous waste and either ;
i)
Do not meet the applicable standards of 35
Ill. Adm. Code 728
. Subpart D ; or
ii)
Where no treatment standards have been
established
: Such residues are prohibited
from land disposal under 35 Ill . Adm. Code
728 .132 or 728 .139.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to have a waste analysis plan available at the
site, failed to make waste analysis and dates of waste storage available in the operating
record, and failed to submit annual reports in violation of Sections 725
.173 and 725 .175
of the Board Waste Disposal Regulations
.
15 .
On information and belief, from at least January 12, 1988 until at least
November 1, 1993, the Defendant failed to develop and follow a written waste analysis
plan in violation of Section 725
.113(b) of the Board Waste Disposal Regulations
.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court enter an order in favor of Plaintiff and against Defendant with
respect to Count V
:
A.
Finding that Defendant has caused or allowed violation of 35 Ill
. Adm.
Code 725 .113(b), 725
.173 and 725 .175 ;
21
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000
.00) per
violation per day against the Defendant for each day said violations of the Act and board
Waste Disposal Regulations occurred ;
C .
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against Defendant ; and
D.
Granting such other relief as this Court deems appropriate
.
COUNT VI
FAILURE TOTAKE HAZARDOUS
WASTE RELEASE CONTAINMENT MEASURES
1-10.
Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this count VI as if fully set forth herein
.
11 .
Section 725
.131 of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 725 .131, provides as follows
:
Facilities must be maintained and operated to minimize the possibility of a
fire, explosion or any unplanned sudden or non-sudden release of hazardous
waste or hazardous waste constituents to air, soil or surface water which
could threaten human health or the environment
.
12 .
Section 725
.351 of the Board Waste Disposal Regulations, 35 111
. Adm.
Code 725
.351, provides as follows :
The owner or operator of a pile containing hazardous waste which could
be subject to dispersal by wind must cover or otherwise manage the pile so
that wind dispersal is controlled .
13
.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to contain releases of foundry sand in violation
of Section 725
.131 of the Board Waste Disposal Regulations
.
22
14.
On information and belief, on or about January 12, 1988, the Defendant
failed to protect foundry sand from dispersal by the wind in violation of Section 725
.351
of the Board Waste Disposal Regulations .
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Court enter an order in favor of Plaintiff and against
Defendant with respect to Count VI
:
A.
Finding the Defendant has caused or allowed violations of 35 Ill
. Adm.
Code 725
.131 and 725 .351 ;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000.00)
per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred
;
C .
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant
; and
D.
Granting such other relief as this Court deems appropriate
.
COUNT VII
FAILURE TO MAKE PROPER EMERGENCY AND CONTINGENCY PLAN
ARRANGEMENTS
1-10.
Plaintiff realleges and incorporates by reference paragraphs 1 though 10 as
paragraphs 1 through 10 of this Count VII, as if fully set forth herein
.
11 .
Section 725
.135 of the Board Waste Disposal Regulations, 35111
. Adm.
Code 725 .135, provides as follows
:
The owner or operator must maintain aisle space to allow the unobstructed
movement of personnel, fire protection equipment, spill control equipment
23
and decontamination equipment to any area of facility operation in an
emergency, unless aisle space is not needed for any of these purposes
.
12 .
Section 725
.137 of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code
725.137,
provides as follows :
a)
The owner or operator must attempt to make the following
arrangements, as appropriate for the type of waste handled at his
facility and the potential need for the services of these
organizations :
1) Arrangements to familiarize police, fire departments and
emergency response teams with the layout of the facility,
properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would
normally be working, entrances to roads inside the facility and
possible evacuation routes ;
2)
Where more than one police and fire department might
respond to an emergency, agreements designating primary
emergency authority to a specific police and a specific fire
department and agreements with any others to provide support
to the primary emergency authority ;
3)
Agreements with State emergency response teams, emergency
response contractors and equipment suppliers; and
4) Arrangements to familiarize local hospitals with the properties
of hazardous waste handled at the facility and the types of
injuries or illnesses which could result from fires, explosions
or releases at the facility .
b)
Where state or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in
the operating record .
13 .
Section 725
.151 (a) of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 725 151(a), provides as follows :
a)
Each owner or operator must have a contingency plan for his
facility
. The contingency plan must be designed to minimize
hazards to human health or the environment from fires,
explosions or any unplanned sudden or non-sudden release of
24
Code 725 .155 provides as follows:
hazardous waste or hazardous waste constituents to air, soil or
surface water .
14.
Section 725
.155 of the Board Waste disposal Regulations, 35 Ill
. Adm.
At all times, there must be at least one employee either on the facility
premises or on call (i .e.,
available to respond to an emergency by reaching
the facility within a short period of time) with the responsibility for
coordinating all emergency response measures
. This emergency
coordinator must be thoroughly familiar with all aspects of the facility's
contingency plan, all operations and activities at the facility, the location
and characteristics of waste handled, the location of all records within the
facility and the facility layout . In addition, this person must have the
authority to commit the resources needed to carry out the contingency
plan.
15 .
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant failed to make proper emergency arrangements by
failing to provide adequate aisle space, failed to inform local authorities of the presence
of hazardous waste, failed to have a contingency plan, and failed to identify a person as
emergency coordinator in violation of Sections 725 .135, 725
.137, 725 .151(a) and
725.155 of the Board Waste Disposal Regulations
.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Court enter an order in favor of Plaintiff and against
Defendant with respect to Count VII :
A.
Finding that Defendant has caused or allowed violations of 35 Ill
. Adm.
Code 725.135,
725 .137, 725 .151 (a) and 725 .155 ;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000 .00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred
;
25
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against Defendant
; and
D.
Granting such other relief as this Court deems appropriate
.
COUNT VIII
FAILURE TO PROPERLY IMPLEMENT A GROUNDWATER MONITORING
PROGRAM
1-10. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count VIII, as if fully set forth herein .
11 .
Section 725
.190 of the Board Waste Disposal Regulations, 35 Ill . Adm.
Code 725.190, provides, in pertinent part, as follows :
a)
The owner or operator of a surface impoundment, landfill or land
treatment facility which is used to manage hazardous waste shall
implement a groundwater monitoring program capable of
determining the facility's impact on the quality of groundwater in
the uppermost aquifer underlying the facility, except as Section
725
.101 and paragraph (c) provide otherwise.
b)
Except as paragraphs (c) and (d) provide otherwise, the owner or
operator shall install, operate and maintain a groundwater
monitoring system which meets the requirements of Section
725
.191 and shall comply with Section 725 .192 through 725 .194
.
This groundwater monitoring program must be carried out during
the active life of the facility and for disposal facilities during the
post-closure care period as well .
12.
Section 725 .194(a) of the Board Waste Disposal Regulations, 35 Ill
.
Adm.. Code 725
.194(a) provides as follows :
a)
Unless the groundwater is monitored to satisfy the requirements of
Section 725 .193 (d)(4), the owner or operator shall
:
1)
Keep records of the analysis required in Section 725 .192(c)
and (d),
the associated groundwater surface elevations
26
required in Section 725
.192(e) and the evaluations required in
Section 725
.193(b) throughout the active life of the facility
and, for disposal facilities, also throughout the post-closure
care period; and
2)
Report the following groundwater monitoring information to
the Agency
:
A)
During the first year when initial background
concentrations are being established for the facility
:
concentrations or values of the parameters listed in
Section 725
.192(b)(1) for each groundwater
monitoring well, within 15 days after completing
each quarterly analysis
. The owner or operator
shall separately identify for each monitoring well
any parameters whose concentration or value has
been found to exceed the maximum contaminant
levels listed in Section 725, Appendix C .
B)
Annually : concentrations or values of the
parameters listed in Section 725 .192(b)(3) for each
groundwater monitoring well, along with the
required evaluations for these parameters under
Section 725 .193(b)
. The owner or operator shall
separately identify any significant differences from
initial background found in the upgradient wells, in
accordance with Section 725.193(c)(1)
. During the
active life of the facility, the owner or operator shall
submit this information as part of the annual report
required under Section 725
.175 .
C)
As part of the annual report required under Section
725 .175 : results of the evaluation of groundwater
surface elevations under Section 725
.193(1) and a
description of the response to the evaluation, where
applicable .
13 .
On information and belief, on or about June 17, 1993, the Defendant failed
to install, operate and maintain a groundwater monitoring system, and failed to report
groundwater monitoring information in violation of Sections 725
.190 and 725
.194 of the
Board Waste Disposal Regulations .
27
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court grant enter an order in favor of Plaintiff and against Defendant
with respect to Count VIII
:
A.
Finding that Defendant has caused or allowed violations of 35 Ill
. Adm.
Code 725 .190 and 725 .194(a);
B .
Assessing a civil penalty of twenty-five thousand dollars ($25,000 .00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant ; and
D.
Granting such other relief as this Court deems appropriate .
COUNT IX
CONDUCTING A SOLID WASTE MANAGEMENT SITE WITHOUT A PERMIT
1-10 . Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count IX, as if fully set forth herein
.
11 .
Section 21(d) of the Act, 435 ILCS 5/21(d), provides, in pertinent part as
follows:
No person shall :
(d)
Conduct any waste-storage, waste-treatment, or waste-disposal
operation:
(1) without a permit granted by the Agency or in violation of any
conditions imposed by such permit, including periodic reports and
full access to adequate records and the inspection of facilities, as
may be necessary to assure compliance with this Act and with
regulations and standards adopted thereunder
; ...
This subsection (d) shall not apply to hazardous waste
.
28
12.
Section 807
.201 of the Board Waste Disposal Regulations, 35 Ill . Adm.
Code 807
.201 provides, in pertinent part, as follows :
Subject to such exemption as expressly provided in Section 21(e)
(Ill. Rev . Stat. 1981, ch . 111 %2, par
. 1021(e)) of the Act as to the
requirement of obtaining a permit, no person shall cause or allow
the development of any new solid waste management site or cause
or allow the modification of an existing solid waste management
site without a Development Permit issued by the Agency .
13 .
Section 807
.202(a) of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 807
.202(a) provides as follows :
a)
New Solid Waste Management Sites
.
Subject to such exemption as expressly provided in Section 21(e)
of the Act (Ill . Rev . Stat. 1981, ch. 111
%2, par. 1021(e)) as to the
requirement of obtaining a permit, no person shall cause or allow
the use or operation of any solid waste management site for which
a Development Permit is required under Section 807
.201 without
an Operating Permit issued by the Agency, except for such testing
operations as may be authorized by the Development Permit .
14.
Section 807
.104 of the Board Waste Disposal Regulations, 35 Ill
. Adm.
Code 807
.104 provides, in pertinent part, the following definitions
:
"Site" means any location, place or tract of land used for waste
management
. A site may include one or more units .
"Solid waste" means waste
.
"Solid waste management" means "waste management" .
"Waste" means any garbage, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material
resulting from industrial, commercial, mining and agricultural operations,
or from community activities, but does not include solid or dissolved
materials in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges which are point sources subject to
29
permits under 35 Ill
. Adm . Code 309 .102 or source, special nuclear, or
by-product materials as defined by the Atomic Energy Act of 1954, as
amended (42 U .S .C.A. 2011 et seq.)
or any solid or dissolved material
from any facility subject to the Federal Surface Mining Control and
Reclamation Act of 1977 (P.L .
95-87) or the rules and regulations
thereunder (Ill . Rev. Stat. 1983 ch
. 96 1/2, par . 7901 .01 et seq . and 62111
.
Adm
. Code 1700 through 1845) (Section 3 (11) of the Act) .
"Waste management" means the process of storage, treatment or disposal
of waste, not including hauling or transport
.
15 .
On information and belief, from at least April 30, 1991 until at least
November 3, 1994, the Defendant caused or allowed the development and operation of a
new solid waste management site without a permit in violation Section 21(d) of the Act
and Sections 807.201 and 807
.202 of the Board Waste Disposal Regulations
.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court grant enter an order in favor of Plaintiff and against Defendant
with respect to Count IX
:
A.
Finding that Defendant has caused or allowed violations of Section 21(d)
of the Act and 35 Ill . Adm. Code 807
.201 and 807 .202;
B .
Assessing a civil penalty of twenty-five thousand dollars ($25,000 .00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred;
C .
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against Defendant
; and
D .
Granting such other relief as this Court deems appropriate
.
COUNT X
STORAGE AND ABANDONMENT OF WASTE
30
1-10. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count X, as if fully set forth herein .
11 .
Section 21(e) of the Act, 435 5/21(e), provides, in pertinent part as
follows:
No person shall :
(e)
Dispose, treat, store or abandon any waste, or transport any waste
into this State for disposal, treatment, storage or abandonment,
except at a site or facility which meets the requirements of this Act
and of regulations and standards thereunder .
12.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant disposed, treated, stored and abandoned waste without
meeting the requirements of the Act or the regulations in violation of Section 21(e) of the
Act.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court grant enter an order in favor of Plaintiff and against Defendant
with respect to Count X :
A.
Finding that Defendant has caused or allowed violations of Section 21(e)
of the Act;
B .
Assessing a civil penalty of twenty-five thousand dollars ($25,000 .00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred ;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against Defendant ; and
D.
Granting such other relief as this Court deems appropriate .
31
COUNT XI
OPEN DUMPING
1-10
. Plaintiff realleges and incorporates by reference paragraphs 1 through 10
as paragraphs 1 through 10 of this Count XI, as if fully set forth herein .
11
.
Section 21(a) of the Act, 435 5/21(a), provides, in pertinent part as
follows:
No person shall :
(a)
Cause or allow the open dumping of any waste . . . .
12.
On information and belief, from at least January 12, 1988 until at least
November 3, 1994, the Defendant caused or allowed the open dumping of waste in
violation of Section 21 (a) of the Act
.
32
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Court grant enter an order in favor of Plaintiff and against Defendant
with respect to Count XI :
A.
Finding that Defendant has caused or allowed violations of Section 21 (a)
of the Act
;
B.
Assessing a civil penalty of twenty-five thousand dollars ($25,000
.00) per
violation per day against the Defendant for each day said violations of the Act and Board
Waste Disposal Regulations occurred;
C.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against Defendant
; and
D.
Granting such other relief as this Court deems appropriate
.
GARY W . PACK
McHenry County State's Attorney
Robin L
. Perry
Assistant State's Attorney
2200 North Seminary Avenue
Woodstock, IL 60098
(815) 334-4159
PEOPLE OF THE STATE OF ILLINOIS,
Ex. Rel. GARY W. PACK
McHenry Cou
State's Attorney
By:
obin L . Perry
Assistant State's A
33
CERTIFICATE OF SERVICE
I, Robin L
. Perry, an Assistant State's Attorney in this case, do certify that I caused to be
mailed this 30`h day of August, 2000, the foregoing Notice of Filing and Complaint upon the
persons listed on said Notice by certified mail in an envelope bearing sufficient postage with the
United States Postal Service located at 1050 Country Club Road, Woodstock, Illinois 60098
.
\\MC3000\VOL1\CIVIL\WPSECURE\Stringini\Notice of Filingdoc
