BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
PCB No. ________ _
RELIABLE
SAND
&
GRAVEL CO., INC., )
an Illinois corporation,
)
(Enforcement - Land)
)
Respondent.
)
NOTICE OF ELECTRONIC FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE
TAKE NOTICE that today, June 17,2009, I have filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy of which is attached and hereby served upon you.
Pursuant to 35 Ill. Adm. Code 103.204(f), I am required to state that failure to file an
answer to this Complaint within 60 days may have severe consequences. Failure to answer will
mean that all allegations in the Complaint will be taken as if admitted for purposes of this
proceeding.
If
you have any questions about this procedure, you should contact the hearing officer
assigned
to this proceeding, the Clerk's Office or an attorney.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental Facilities Financing Act
(20 ILCS 3515/1 et
seq.)
to correct the alleged pollution.
BY:
Date: June 17, 2009
PEOPLE
OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
£~k~
Assistant Attorney General
Environmental Bureau
69
W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-2087
ssylvester@atg.state.il.us
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
Reliable Sand &Gravel Co., Inc ..
Donald
R. Roberts, Registered Agent
2121
S. River Rd.
McHenry,
IL
60050
SERVICE LIST
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
RELIABLE SAND
&
GRAVEL CO., INC., )
an Illinois corporation,
)
)
Respondent.
)
PCB No. ________ _
(Enforcement - Land)
COMPLAINT
,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, complains
of the Respondent, RELIABLE SAND & GRAVEL
CO., INC., an Illinois corporation, as follows:
COUNT I
VIOLATION OF CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
LOAD
CHECKING AND RECORD KEEPING REQUIREMENTS
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, on her own motion and at the request of
the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to Section 31 of the
Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31 (2006).
1.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4
of the Act, 415 ILCS 5/4 (2006), and charged, inter
alia,
with the duty of
enforcing the Act.
2.
At all times relevant to this Complaint, Respondent, RELIABLE SAND &
GRAVEL CO., INC., ("Reliable") was and is an Illinois corporation in good standing with the
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
State of Illinois.
3.
At all times relevant to this Complaint, Reliable owned and operated a facility to
operate a clean construction
or demolition debris ("CCDD") fill operation at 2121 South River
Road, McHenry, McHenry County, Illinois
("Site").
4.
On August 8, 2005, Reliable applied to the Illinois EPA for interim authorization
to operate a
CCD fill operation at the Site.
5.
From some time after August 8, 2005, until at least November
1,
2007, Reliable
operated its
CCDD fill operation at the Site, pursuant to the Illinois EPA-issued Interim
Authorization No.
CCDD0002.
6.
On February 15, 2008, Reliable applied to the Illinois EPA for a permit to operate
a
CCDD fill operation at the Site.
7.
On August 13, 2008, the Illinois EPA issued to Reliable Permit Number
CCDD2008..QII-DE/OP to operate a CCDD fill operation at the Site.
8.
On September 27, 2007, the Illinois EPA inspected the Site. At that time, Reliable
did
not have a load checking program nor did it inspect incoming loads of CCDD visually or with
an instrument with a photo ionization detector ("PID") utilizing a lamp of 10.6 electron volts
("eV") or greater or an instrument with a flame ionization detector ("FID"), or other monitoring
devices approved by the Agency.
9.
On September 27,2007, the Illinois EPA inspected the Site. At that time, Reliable
did
not maintain written procedures for load checking, load rejection notifications, and training.
10.
Section 22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006), provides as follows:
Clean Construction
or Demolition Debris Fill Operations.
2
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* * * * * PCB 2009-129 * * * * *
(a)
No person shall conduct any clean construction or demolition debris fill
operation in violation
of this Act or any regulations or standards adopted
by the Board.
.
11.
Section
1100.201of the Illinois Pollution Control Board ("Board") CCDD
Regulations, 35 Ill. Adm. Code 1100.201, provides, in pertinent part, as follows:
Section
1100.201
Prohibitions
a)
No
person shall conduct any
CCDD
fill operation in violation of
the
Act
or
any
regulations
or
standards adopted by the Board.
[415 ILCS 5/22.5l(a)].
b)
CCDD fill operations must not accept waste for use as fill.
12.
Section 3.315
of the Act, 415 ILCS 5/3.315 (2006), provides the following
definition:
"PERSON" is an individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association,
joint stock company, trust estate,
political subdivision, state agency,
or other legal entity, or their legal representative,
agent
or assigns.
13.
Reliable, a corporation,
is a "person" as that term is defined in Section 3.315 of the
Act, 415 ILCS
5/3.315 (2006).
14.
Section 1100.103 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.103,
provides the following definitions:
Except
as stated in this Section, or unless a different meaning of a word or term is
clear from the context, the definition of words or terms in this Part will be the same
as that applieq to the same words or terms in the Environmental Protection Act
[415 ILCS
5]:
*
*
*
"Operator" means a person responsible for the operation and maintenance of a
CCDD fill operation.
"Owner" means a person who has any direct or indirect interest in a CCDD fill
operation
or in land on which a person operates and maintains a CCDD fill
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* * * * * PCB 2009-129 * * * * *
operation. A "direct or indirect interest" does not include the ownership of
publicly traded stock. The "owner" is the "operator" if there is no other person who
is operating and maintaining a CCDD fill operation.
*
*
*
15.
Reliable is both an "operator" and an "owner" of the Site, as those terms are
defined in Section 1100.103 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.103.
16.
Section 1100.205 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.205,
provides in pertinent part, as follows:
Load Checking
The owner or operator must institute and conduct a load checking program
designed
to detect attempts to dispose of waste at the facility. At a minimum, the
load checking program
must consist of the following components:
a) Routine Inspections
1)
An inspector designated by the facility must inspect every load before its
acceptance at the facility utilizing an elevated structure, a designated ground
level inspection area, or another acceptable method as specified in the
Agency permit.
In addition to a visual inspection, the inspector must use an
instrument with a photo ionization detector utilizing a lamp of 10.6 eV or
greater or an instrument with a flame ionization detector, or other
monitoring devices approved by the Agency, to inspect each load. All
instruments shall be interpreted based
on the manufacturer's margin of
error. Any reading in excess of background levels using any of these
instruments
must result in the rejection of the inspected load. In addition,
any reading in excess of background levels on any monitoring device used
by the Agency during
an Agency inspection must result in the rejection of
the inspected load.
2) Cameras or other devices may be used to record the visible contents of
shipments. Where such devices are employed, their use should be
designated
on a sign posted near the entrance to the facility.
b)
Random Inspections
1) In addition to the inspections required under subsection (a) of this
Section,
an inspector designated by the facility must conduct a discharge
inspection
of at least one randomly selected load delivered" to the facility
each day.
The driver of the randomly selected load must be directed to
4
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
discharge the load at a separate, designated location within the facility. The
inspector must conduct an inspection of the discharged material that
includes, but is not limited to, additional visual inspection and additional
instrument testing using the instruments required under subsection (a)(1)
of this Section. All instruments shall be interpreted based on the
manufacturer's margin of error. Any reading in excess of background levels
using any
of these instruments must result in the rejection of the inspected
load.
In addition, any reading in excess of background levels on any
monitoring device used by the Agency during an Agency inspection must
result in the rejection of the inspected load.
2) Cameras or other devices may be used to record the visible contents of
shipments. Where such devices are employed, their use should be
designated
on a sign posted near the entrance to the facility.
c) Documentation of Inspection Results
The documentation for each inspection must include, at a minimum, the
following:
1) The date and time of the inspection, the name of the hauling firm, the
vehicle identification number or license plate number, and the source of
the CCDD;
2) The results of the routine inspection required under subsection (a) of
this Section, including, but not limited to, the monitoring instruments
used,
whether the load was accepted or rejected, and for rejected loads the
reason for the rejection;
3)
The results of any random inspection required under subsection (b) of
this Section, including, but not limited to, the monitoring instruments
used,
whether the load was accepted or rejected, and for rejected loads the
reason for the rejection; and
4) The name of the inspector
*
*
*
g) The owner or operator must ensure that all appropriate facility personnel are
properly trained
in the identification of material that is not CCDD.
h) All field measurement activities relative to equipment and instrument operation,
calibration and maintenance and data handling shall be conducted in accordance
with
the following:
5
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
1) "Test Methods for Evaluating Solid Waste, PhysicaVChemical Methods"
(SW.846), Vol. One, Ch. One (Quality Control), incorporated by reference
at Section 1100.104 of this Part;
2) The equipment or instrument manufacturer's or vendor's published
standard operating procedures; or
3) Other operating procedures specified in the Agency permit.
17.
From a date better
known to Reliable, and on at least September 27, 2007, to a
date better known by Reliable, Reliable failed to conduct, and maintain records of, routine
inspections
of each incoming load at the Site by failing to both visually inspect and use a PID
utilizing a lamp of 10.6 eV or greater, or an instrument with a FID, or other Illinois EPA-approved
monitoring device to inspect each incoming load at the Site.
18.
By failing to conduct, and maintain records of, routine inspections of each
incoming load at the Site by failing to both visually inspect and use a PID utilizing a lamp of 10.6
eV or greater, or an instrument with a FID, or other Illinois EPA-approved monitoring device to
inspect each incoming load at the Site, Reliable violated Section 1100.205(a)(1), and (c) the Board
CCDD Regulations, 35 Ill. Adm. Code 1100.205(a)(1), and (c), and thereby violated Section
1100.201(a)
of the Board CCDD Regulations, 35 Ill. Adm. Code 1 100. 20 l(a).
19.
From a date better
known to Reliable, and on at least September 27, 2007, to a
date better
known by Reliable, Reliable failed to conduct, and maintain records of, a discharge
inspection
of at least one randomly selected load delivered to the Site each day using a PID
utilizing a lamp of 1O.6eV or greater, or an instrument with a FID, or other. Illinois EPA-approved
monitoring device.
20.
By failing to conduct, and maintain records of, a discharge inspection of at least
one randomly selected load delivered to the Site each day using a PID utilizing a lamp of 1O.6eV or
6
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
greater, or an instrument with a FID, or other Illinois EPA-approved monitoring device, Reliable
violated Section 1100.205(b)(1),
and (c) of the Board CCDD Regulations, 35
Ill.
Adm. Code
1100. 205(b)(i), and (c), and thereby violated thereby violated Section 1100.201(a) of the Board
CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a).
21.
From a date better known to Reliable, and on at least September 27, 2007, to a
date better
known by Reliable, Reliable failed to demonstrate that all appropriate Site personnel
are trained in the identification
of material that is not CCDD.
22.
By failing to demonstrate that all appropriate Site personnel are trained in the
identification of material that is not CCDD, Reliable violated Sectionll00.205(g) of the Board
CCDD Regulations, 35
Ill.
Adm. Code 1100.205(g), and thereby violated Section 1100.201(a) of
the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a).
23.
From a date better
known to Reliable, and on at least September 27, 2007, to a
date better
known by Reliable, Reliable failed to conduct all field measurement activities in
accordance with any of the following procedures: 1) "Test Methods for Evaluating Solid Waste,
Physical/Chemical methods,
EPA Publication SW-846 (Third Edition, 1986 as amended by
Updates
I, II, IIA, lIB, Ill, IlIA and IIIB), which is incorporated through 35
Ill.
Adm. Code
1100.104; 2) The equipment or instrument manufacturer's or vendor's published standard
operating procedures;
or 3) Other operating procedures specified by the Agency permit.
24.
By failing to conduct all field measurement activities as alleged in paragraph 23,
Reliable violated
1100.205(h) of the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.205(h),
and thereby violated thereby violated Section 1100.201(a) of the Board CCDD Regulations, 35 Ill.
Adm.
Code 1100.201(a).
7
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
25.
Section 1100.210 of the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.210,
provides as follows:
Recordkeeping Requirements
The owner or operator must maintain an operating record at the facility or in some
alternative location specified in the Agency permit.
The owner or operator must
make the operating record available for inspection and copying by the Agency upon
request during normal business hours. Information maintained in the operating
record
must include, but is not limited to, the following:
a) Any information submitted to the Agency pursuant to this Part,
including, but not limited to, copies of all permits, permit applications, and
annual reports;
b)
Written procedures for load checking, load rejection notifications, and
training required under Section J 100.205 of this Part.
26.
From a date better known to Reliable, and on at least September 27, 2007, to a
date better known by Reliable, Reliable failed to keep records
of training reports, written
procedures for load checking,
and load rejection notifications at the Site or in some alternative
location specified in the Agency permit.
27.
By failing to keep records of training reports, written procedures for load checking,
and load rejection notifications at the Site or in some alternative location specified in the Agency
permit, Reliable Princeton violated
1100:210 of the Board CCDD Regulations, 35
Ill.
Adm. Code
1100.210, and thereby violated thereby violated Section 1100.201(a) of the Board CCDD
Regulations, 35
Ill.
Adm. Code 1100.201(a).
28.
As alleged herein, by violating Sections 1100.201(a), 1100.205(a)(1), (b)(1), (c), (g),
and (h), and 1100.210 of the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a),
1100.205(a)(1),
(b)(1), (c), (g), and (h), and 1100.210, Reliable thereby violated Section 22.51(a) of
the Act, 415 ILCS 5/22.5l(a) (2006).
8
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, RELIABLE SAND
& GRAVEL
CO., INC., an Illinois corporation, as follows:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 22.51(a) of the Act, 415 ILCS
5/22.51(a)
(2006), and Sections 1100.201(a), 1100.205(a)(1), (b)(1), (c), (g), and (h), and 1100.210
of the Board CCDD Regulations, 35 Ill. Adm: Code 1100.201(a), 1100.205(a)(I), (b)(I), (c), (g),
and (h), and 1100.210;
3.
Ordering the Respondent to cease and desist from any further violations
of Section
22.5l(a)
of the Act, 415ILCS 5/22.5l(a) (2006), and Sections 1100.201(a), 1100.205(a)(l), (b)(l),
(c), (g), and (h), and 1100.210 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a),
1100.205(a)(1), (b)(1),
(c), (g), and (h), and 1100.210;
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 22.5l(a) of the Act, 415 ILCS 5/22.5l(a) (2006), and
Sections
1100.201(a), 1100.205(a)(1), (b)(l), (c), (g), and (h), and 1100.210 of the Board CCDD
Regulations, 35 Ill. Adm. Code 1100.201(a), 1100.205(a)(1), (b)(l), (c), (g), and (h), and 1100.210,
with an additional penalty of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent t to pay all costs
of this action, including attorney, expert
witness and consultant
fees expended by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
9
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* * * * * PCB 2009-129 * * * * *
COUNT II
CONDUCTING A CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
FILL
OPERATION WITHOUT INTERIM AUTHORIZATION OR A PERMIT
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
by Lisa Madigan, Attorney General
of the State of Illinois, on her own motion, pursuant to the
terms and provisions of Section 42 of the Act, 415 ILCS
5/42 (2006).
2-12. The Complainant realleges and incorporates herein by reference paragraphs 2
through 7 and paragraphs 10 and 12 through 15 of Count I, as paragraphs 2 through 12 of this
Count II.
13.
Section 22.51(b) of the Act, 415 ILCS
5/22.51(b)
(2006), provides, in pertinent
part, as follows:
Clean Construction or Demolition Debris Fill Operations.
*
*
*
(b)(1)(A) Beginning 30 days after the effective date of this amendatory Act of the
94th General Assembly but prior to July 1, 2008, no person shall use clean
construction
or demolition debris as fill material in a current or former quarry,
mine,
or other excavation, unless they have applied for an interim authorization
from the Agency for
the clean construction or demolition debris fill operation.
*
*
*
(2) Beginning September 1, 2006, owners and operators of clean construction or
demolition debris fill operations shall, in accordance with a schedule prescribed by
the Agency, submit to the Agency applications for the permits required under this
Section.
The Agency shall notify owners and operators in writing of the due date
for
their permit application. The due date shall be no less than 90 days after the
date of the Agency's written notification. Owners and operators who do not receive
a written notification from
the Agency by October 1, 2007, shall submit a permit
application to the Agency by January 1, 2008. The interim authorization of owners
and operators who fail to submit a permit application to the Agency by the permit
application's due date shall terminate on (i) the due date established by the Agency
if the owner
or operator received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive
a written notification from
the Agency by October 1, 2007.
10
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* * * * * PCB 2009-129 * * * * *
(3)
On and after July 1, 2008, no person shall use clean construction or demolition
debris
as fill material in a current or former quarry, mine, or other excavation
without a permit granted
by the Agency for the clean construction or demolition
debris
fill operation 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 Board
regulations and standards adopted under this Act.
14.
On July 16, 2007, the Illinois EPA sent a letter to Reliable notifying it that the due
date for submitting to the Illinois
EPA its permit application to operate its CCDD fill operation
was November 1, 2007.
15.
Reliable failed to submit its permit application to operate its CCDD fill operation
to the Illinois
EPA by November 1, 2007.
16.
By failing to submit its permit application to operate its CCDD fill operation to the
Illinois
EPA by November 1, 2007, Reliable's Illinois EPA-issued Interim Authorization No.
CCDD0002 terminated on November 1, 2007 pursuant to Section 22.51(b)(2) of the Act, 415
ILCS 5/22.51(b)(2) (2006).
17.
From November 1, 2007 through June 30, 2008, by operating its CCDD fill
operation without interim authorization issued by the Illinois
EPA, Reliable violated Section
22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006).
18.
From July 1,2008 through August 12,2008, by operating its CCDD fill operation
without a permit issued by the Illinois
EPA, Reliable violated Section 22.51 (b )(3) of the Act, 415
ILCS 5/22.51(b)(3) (2006) and thereby violated Section 22.51(a) of the Act, 415 ILCS
5/22.51(a) (2006).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, RELIABLE SAND
&
GRAVEL
CO., INC., an Illinois corporation, as follows:
11
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* * * * * PCB 2009-129 * * * * *
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 22.51(a) and (b)(3) of the Act,
415
ILCS 5/22.51(a) and (b)(3) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of Section
22.5l(a) and (b)(3) of the Act, 415 ILCS 5/22.51(a) and (b)(3) (2006);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 22.51(a) and (b)(3) of the Act, 415 ILCS 5/22.51(a) and
(b)(3) (2006), with an additional penalty ofTen Thousand Dollars ($10,000.00) for each day of
violation;
5.
Ordering Respondent to pay all costs
of this action, including attorney, expert
witness
and consultant fees expended by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
OPEN DUMPING
1-9.
The Complainant realleges and incorporates herein by reference paragraphs 1
through 7 and paragraphs 12 through 13 of Count I, as paragraphs 1 through 9 of this Count III.
10.
On September 27, 2007, the Illinois EPA inspected the Site. At that time there
were approximately
100 cubic yards of leaves and sod at the face of the fill area at the Site.
11.
Section 21(a) of the Act, 415 ILCS 5/21(a) (2006), provides as follows:
No person shall:
a)
Cause or allow the open dumping of any waste.
12.
Section 3.305 of the Act, 415 ILCS 5/3.305 (2006), provides the following
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* * * * * PCB 2009-129 * * * * *
definition:
"OPEN DUMPING" means the consolidation of refuse from one or more sources
at a disposal site
that does not fulfill the requirements of a sanitary landfill.
13.
Section 3.385
of the Act, 415 ILCS 5/3.385 (2006), provides the following
definition:
"REFUSE" means waste.
14.
Section 3.535
of the Act, 415 ILCS 5/3.535 (2006), provides the following
definition:
"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, and from community
activities ...
15.
Section
3.470 of the Act, 415 ILCS 5/3.470 (2006), provides the following
definition:
"Solid waste" means waste.
16.
Section 3.270
of the Act, 415 ILCS 5/3.270 (2006), provides the following
definition:
"Landscape
waste" means all accumulations of grass or shrubbery cuttings,
leaves, tree limbs
and other materials accumulated as the result of the care
of lawns, shrubbery, vines and trees.
17.
Section 3.185
of the Act, 415 ILCS 5/3.185 (2006), provides the following
definition:
"Disposal" means the discharge, deposit, injection, dumping, spilling,
leaking
or placing of any waste or hazardous waste into or on any land or
water or into any well so that such waste or hazardous waste or any
constituent thereof may enter
the environment or be emitted into the air or
discharged into any waters, including ground waters.
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* * * * * PCB 2009-129 * * * * *
18.
Section 3.540 of the Act, 415 ILCS 5/3.540 (2006), provides the following
definition:
"Waste disposal site" is a site on which solid waste is disposed.
19.
Section 3.445
of the Act, 415 ILCS 5/3.445 (2006), provides the following
definition:
"Sanitary landfill" means a facility permitted by the Agency for the disposal of waste
on land meeting the requirements of the Resource Conservation and Recovery Act,
P.L. 94-580, and regulations thereunder, and without creating nuisances or hazards
to public health or safety, by confining the refuse to the smallest practical volume
and covering it with a layer of earth at the conclusion of each day's operation, or by
such other methods
and intervals as the Board may provide by regulation.
20.
The approximately 100 cubic yards of leaves and sod that were accepted by Reliable
at the Site
and dumped, at the face of the fill area constitutes, "landscape waste," as that term is
defined in Section 3.270 of the Act, 415 ILCS 5/3.270 (2006), "waste," as that term is defined in
Section 3.535
of the Act, 415 ILCS 5/3.535 (2006), "refuse," as that term is defined in Section
3.385
of the Act, 415 ILCS 5/3.385 (2006) and "solid waste," as that term is defined in Section
3.4
70 of the Act, 415 ILCS 5/3.470 (2006).
21.
Reliable's dumping, depositing, or placing of approximately 100 cubic yards of
landscape waste that was accepted by it and dumped at the face of the fill area, constitutes
"disposal," as that term is defined in Section 3.185 of the Act, 415 ILCS 5/3.185 (2006).
22.
The face of the fill area, where Reliable dumped, deposited, or placed
approximately
100 cubic yards of landscape waste constitutes a "waste disposal site," as that term is
defined in Section 3.540 of the Act, 415 ILCS 5/3.540 (2006).
23.
At all times relevant to the Complaint, Reliable operated without a permit from the
Illinois EPA to treat, store, or dispose of waste at the Site.
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* * * * * PCB 2009-129 * * * * *
24.
The face of the fill area, where Reliable dumped, deposited, or placed
approximately
100 cubic yards of landscape waste does not meet the requirements of a "sanitary
landfill," as that term is defined in Section 3.445 of the Act, 415 ILCS 5/3.445 (2006), as Reliable
did
not have a permit to dispose of landscape waste at the Site.
25.
Reliable's dumping, depositing, or placing of approximately 100 cubic yards of
landscape waste at the face of the fill area constitutes "open dumping," as that term is defined in
Section
3.305 of the Act, 415 ILCS 5/3.305 (2006).
26.
On at least September 27, 2007, on dates better known to Reliable, by causing or
allowing open dumping at the Site, as alleged herein, Reliable violated Section 21(a) of the Act,
415
ILCS 5/21(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests
that the Board enter an order against the Respondent, RELIABLE SAND
&
ORA VEL
CO., INC., an Illinois corporation, as follows:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 21 (a) of the Act, 415 ILCS
5/21(a) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of Section
21(a) of the Act, 415 ILCS 5/21(a) (2006);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 21(a) of the Act, 415 ILCS 5/21(a) (2006), with an
additional penalty of Ten Thousand Dollars ($10,000.00) for each day of violation;
15
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* * * * * PCB 2009-129 * * * * *
5.
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2006), including attorney, expert witness, and consultant fees expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
CONDUCTING
A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
1-23. The Complainant realleges and incorporates herein by reference paragraphs 1
through 7
and paragraphs 12 through 13 of Co-unt I, and paragraphs 10 and 12 through 24 of
Count III, as paragraphs 1 through 23 of this Count IV.
24.
Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(l) (2006), 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,
....
25.
On at least September 27,2007, on dates better known to Reliable, Reliable
disposed
of approximately 100 cubic yards of landscape waste at the face of the fill area at the Site
without a permit granted by the Agency.
26.
On at least September 27, 2007, on dates better known to Reliable, by disposing
~f
approximately 100 cubic yards of landscape waste at the face of the fill area without a permit
granted by the Agency, Reliable violated Section 21(d)(l)
of the Act, 415 ILCS 5/21(d)(1) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests
that the Board enter an order against the Respondent, RELIABLE SAND
&
GRAVEL
CO., INC., an Illinois corporation, as follows:
16
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 21(d)(1)of the Act, 415 ILCS
5/21(d)(1) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of Section
21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2006);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2006), with an
additional penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs
of this action, including attorney, expert
witness
and consultant fees expended by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT V
DISPOSAL
OF NON.CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
WASTE AT
THE SITE
1-27. The Complainant realleges and incorporates herein by reference paragraphs 1
through 7 and paragraphs 10 through 15 of Count I, and paragraphs 10 and 12 through 24 of
Count III, as paragraphs 1 through 27 of this Count
V.
28.
Section 21 of the Act, 415 ILCS 5/21 (2006), provides, in pertinent part, as
follows:
No person shall:
d.
Conduct any waste.storage, waste.treatment, or waste.disposal operation:
*
*
*
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Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
2.
in violation of any regulations or standards adopted by the Board
under this Act.
*
*
*
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.
29.
Section 1100.205(f) of the Board CCDD Regulations, 35 Ill. Adm. Code
1100.205(f), provides as follows:
Section 1100.205
Load Checking
The owner or operator must institute and conduct a load checking program
designed
to detect attempts to dispose of waste at the facility. At a minimum, the
load checking program must consist of the following components:
*
*
*
f)
If material other than CCDD is discovered to be improperly accepted or
deposited at the facility, the owner or operator must remove and properly
dispose
of the material.
30.
Section 3. 160(b) of the Act, 415 ILCS 5/3. 160(b) (2006), provides the following
definition:
Construction or demolition debris
(b)
"Clean construction or demolition debris" means uncontaminated
broken concrete without protruding metal bars, bricks, rock, stone,
reclaimed
or other asphalt pavement, or soil generated from
construction
or demolition activities ....
31.
The approximately 100 cubic yards of leaves and sod that were accepted by Reliable
at the Site and dumped at the face of the fill area constitute "landscape waste" as that term is
defined in Section 3.270 of the Act, 415 ILCS 5/3.270 (2006), and therefore did not constitute
"CCDD," as that term is defined in Section 3. 160(b) of the Act, 415ILCS 5/3. 160(b) (2006).
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* * * * * PCB 2009-129 * * * * *
32.
On at least September 27, 2007, on dates better known to Reliable, by accepting
non-CCDD landscape waste for fill
at the Site without removing and properly disposing of it,
Reliable violated
Section 1100.205(f) of the Board CCDD Regulations, 35 IlL Adm. Code
1100.205(f), and thereby violated Section 1100.201(b) of the Board CCDD Regulations, 35 Ill.
Adm. Code 1100.201(b).
33.
By violating Sections 1100.201(b) and 1100.205(f) of the Board CCDD
Regulations, 35 IlL Adm. Code 1100.201(b) and 1100.205(f), Reliable thereby violated
Secti~ns
1100.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a).
34.
By violating Sections 1100.201(a) and (b) and 1100.205(f) of the Board CCDD
Regulations, 35 Ill. Adm. Code 1100.201(a) and (b) and 1100.205(f), Reliable thereby violated
Section 22.5l(a) of the Act, 415 ILCS 5/22.51(a) (2006).
35.
On at least September 27, 2007, on dates better known to Reliable, by disposing of
approximately 100 cubic yards of non-CCDD landscape waste at the face of the fill area in
violation
of Sections 1100.201(a) and (b) and 1100.205(f) of the Board CCDD Regulations, 35 IlL
Adm. Code 1100.201(a) and (b) and 1100.205(f), Reliable thereby violated Section 21(d)(2) and (e)
of the Act, 415 ILCS 5/21(d)(2) and (e) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, RELIABLE
SAND
&
ORA VEL
CO., INC., an Illinois corporation, as follows:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Sections 21(d)(2) and (e), and 22.5l(a) of
19
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
the Act, 415 ILCS 5/21(d)(2) and
(e),
and 22.51(a) (2006), and Sections 1100.201(a) and (b) and
1100.205(f) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and (b) and
1100.205(f);
3.
Ordering the Respondent to cease and desist from any further violations of
Sections 21(d)(2) and
(e),
and 22.51(a) of the Act, 415 ILCS 5/21(d)(2) and
(e),
and 22.51(a)
(2006), and Sections 1100.201(a) and (b) and 1100.205(f) of the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a) and
(b)
and 1100.205(f);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Sections 21(d)(2) and
(e),
and 22.5l(a) of the Act, 415 ILCS
5/21(d)(2) and
(e),
and 22.51(a) (2006), and Sections 1100.201(a) and (b) and 1100.205(f) of the
Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and (b) and 1100.205(f), with an
additional penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to
pay all costs of this action, including attorney, expert
witness and consultant
fees expended by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT VI
VIOLATION OF CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
BOUNDARY
CONTROL REQUIREMENTS
1-13. The Complainant realleges and incorporates herein by reference paragraphs 1
through 7 and paragraphs 10 through
15 of Count I, as paragraphs 1 through 13 of this Count VI.
14.
Section 1100.207 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.207,
provides as follows:
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Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
Boundary Control
a)
Unauthorized vehicular access to the working face of all units and to all
other areas within the boundaries of the facility must be restricted.
b)
A
permanent sign must be posted at the entrance to the facility or each unit
stating that only CCDD is accepted for use as fill.
15.
On September 27, 2007, the Illinois EPA inspected the Site. At that time, Reliable
did
not restrict unauthorized vehicular access to the working face of the fill area at the Site and all
other areas within the boundaries of the Site.
16.
From a date better known to Reliable, and on at least September 27, 2007, to a
date better known by Reliable, Reliable failed to restrict unauthorized vehicular access to the
working face
of the fill area at the Site and all other areas within the boundaries of the Site.
17.
By failing to restrict unauthorized vehicular access to the working face of the fill
area at the
Site and all other areas within the boundaries of the Site, Reliable violated Section
1100.207(a)
of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.207(a), and thereby
violated thereby violated
Section 1100.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code
1100.201(a).
18.
At the time of the Illinois EPA's September 27,2007 inspection, Reliable did not
post a permanent sign at the entrance to the Site stating that only CCDD is accepted for use as fill.
19.
From a date better known to Reliable,
and on at least September 27, 2007, to a
date better known by Reliable, Reliable failed
to post a permanent sign at the entrance to the Site
stating that only CCDD is accepted for use as fill.
20.
By failing to post a permanent sign at the entrance to the Site stating that only
CCDD is accepted for use as fill, Reliable violated Section 1100.207(b) of the Board CCDD
21
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* * * * * PCB 2009-129 * * * * *
Regulations, 35 Ill. Adm. Code 1100.207(b), and thereby violated thereby violated Section
1100.201(a)
of the Board CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a).
21.
As alleged herein, by violating Sections 1l00.201(a) and 1100.207(a) and (b) of the
Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.207(a) and (b), Reliable
thereby violated
Section 22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, RELIABLE
SAND & GRAVEL
CO., INC., an Illinois corporation, as follows:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 22.51(a) of the Act, 415 ILCS
5/22.51(a) (2006), and Sections 1l00.201(a) and 1l00.207(a) and (b) of the Board CCDD
Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.207(a) and (b);
3.
Ordering the Respondent to cease and desist from any further violations of Section
22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006), and Sections 1l00.201(a) and 1l00.207(a) and
(b) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.207(a) and (b);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006), and
Sections 1100.201(a) and 1100.207(a) and (b) of the Board CCDD Regulations, 35 Ill. Adm. Code
1l00.201(a) and 1l00.207(a) and (b) with an additional penalty ofTen Thousand Dollars
($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs
of this action, including attorney, expert
22
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
witness and consultant fees expended by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
Of Counsel:
STEPHEN J. SYLVESTER
Assistant Attorney General
Environmental Bureau
69
W. Washington St., Suite 1800
Chicago, IL 60602
Tel: (312) 814-2087
Fax: (312) 814-2347
Email: ssylvester@atg.state.il.us
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General
of the State of Illinois,
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
r:Asbestos
Litigatio~
Di . . on
By.
~;c
-;;.;-::chid
Environmental Bureau
Assistant Attorney General
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* * * * * PCB 2009-129 * * * * *
CERTIFICATE OF SERVICE
I, Stephen]. Sylvester, an Assistant Attorney General, do certify that a true and correct
copy
of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the persons listed on the Notice of Filing on ] une 17, 2009.
Electronic Filing - Received, Clerk's Office, June 17, 2009
* * * * * PCB 2009-129 * * * * *
