BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rei.
LISA MADIGAN, Attorney
)
General
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
DON SWINSON, an individual, and
)
CHAMPION ENVIRONMENTAL)
SERVICES, INC., a Wisconsin
)
corporation,
)
)
Respondents.
)
PCB NO. 2010-
(Enforcement-Land)
NOTICE OF FILING
TO:
Donald
R.
Swinson
2621 Baxter Road
Rockford, Illinois
61109
Clerk
Illinois Pollution Control Board
James
R.
Thompson Center
100 W. Randolph Street, Ste. 11-500
Chicago, Illinois 60601
Champion Environmental Services, Inc.
Barbara
J. Gorniak
Registered Agent
38 West End Drive
Gilberts, IL 60136-9657
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board a Complaint, Notice
of Filing, and a Certificate of Service on
behalf of the People of the State of Illinois, a copy of which is attached and herewith served upon
you.
Section 103.204(f) of the Pollution Control Board Procedural Rules, 35 Ill. Adm. Code
103.204(f) provides: "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,
Electronic Filing - Received, Clerk's Office, July 28, 2009
* * * * * PCB 2010-008 * * * * *
you should contact the hearing officer assigned to this proceeding, the Clerk's Office or an
attorney."
BY:
DATE: July 28,2009
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
69 W. Washington
St., 18
th
FIr.
Chicago, IL
60602
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
ex reI. LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
v.
DON SWINSON, an individual, and
CHAMPION ENVIRONMENTAL
SERVICES, INC.,
a Wisconsin
Corporation,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
COMPLAINT
PCB NO. 2010-
(Enforcement - Land)
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
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 Respondents DON SWINSON, an individual
and
CHAMPION ENVIRONMENTAL SERVICES, Inc., a Wisconsin corporation as follows:
COUNT I
OPEN DUMPING
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 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 (2008).
2.
The Illinois EPA is an administrative agency ofthe State of Illinois, created
pursuant
to Section 4 of the Act, 415 ILCS 5/4 (2008), and charged,
inter alia,
with the duty of
enforcing the Act.
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3.
At all times relevant to this Complaint, Respondent, DON SWINSON
("Swinson"),
an individual, was and is an Illinois citizen.
4.
At all times relevant to this Complaint, Swinson owned and continues to own a
vacant lot located at
2000 Cunningham Road, City of Rockford, Winnebago County, Illinois,
where a recycling operation was conducted
("Site").
5.
At all times relevant to this Complaint, CHAMPION ENVIRONMENTAL
SERVICE, Inc., ("Champion") was and is a Wisconsin corporation authorized to transact
business in the
State of Illinois.
6.
On March 26, 200S, the EPA inspected the Site in response to a citizen complaint.
7.
The Illinois EPA inspection determined that the City of Rockford had contracted
with Champion
to demolish a large building previously used as a garage and storage by the Cit¥
of Rockford Public Works Department. The demolition project was located at 500 S.
Independence Avenue, Rockford, Winnebago County, Illinois. Most of the demolition debris
was transported from the demolition project to the
Site by Champion.
S.
Once the demolition debris was hauled to the Site, workers would hand pick
bricks, metal, and other discarded materials out
of the debris for sale or recycling purposes.
9.
During the March 26, 200S inspection, the Illinois EPA observed workers
salvaging brick from demolition debris and creating piles
of salvaged bricks, piles of demolition
debris and piles
of timber. The Site did not have a permit to handle general construction or
demolition debris.
10.
On May 1, 200S, the Illinois EPA issued a Violation Notice pursuant to Section
31(a)(1) of the Act, 415 ILCS 5/31(a)(1) (200S).
2
11.
On June 13, 2008, the Respondents responded to the Section 31 Violation Notice
and submitted a proposed compliance commitment agreement
("CCA").
12.
On July 1, 2008, the Illinois EPA rejected the proposed CCA.
13.
On July 17, 2008, the Illinois EPA conducted a follow up inspection and observed
that most
of the general construction or demolition ("C&D") debris was removed from the Site.
14.
On August 28,2008, the Illinois EPA sent a Notice ofIntent to Pursue Legal
Action
("NITPLA") to the owner of the Site, Don Swinson.
15.
On September 16, 2008, Mr. Swinson attended a meeting pursuant to the NITPLA
letter.
16..
Section
3.160 of the Act, 415 ILCS 5/3.160 (2008), provides the following
definition:
a. "General
construction
or
demolition
debris"
means
non-h~ardous,
uncontaminated materials resulting from the construction, remodeling, repair
and demolition of utilities, structures, and roads, limited to the following:
bricks; concrete; and other masonry materials; soil; rock; wood, including non-
hazardous painted, treated, and coated wood and wood products; wall
coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing
shingles and other roof coverings; reclaimed asphalt pavement; glass; plastics
that are not sealed
in a manner that conceals waste; electrical wiring and
components containing no hazardous substances; and piping or metals
incidental to any of those materials.
General construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not commingled with
any general construction or demolition debris or other waste.
17.
The brick,
concr~te,
timber, and other demolition debris that was transported to
the Site by Champion and accepted by Swinson constitutes "general construction or demolition
debris," as that term is defined in Section 3.160 of the Act, 415 ILCS 5/3.160 (2008).
18.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2008), provides the following
definition:
3
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"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.
19.
Swinson and Champion are each a "person" as that term is defined in Section
3.315
of the Act, 415 ILCS 5/3.315 (2008).
20.
Section 21(a) of the Act, 415 ILCS 5121(a) (2008), provides as follows:
No person shall:
a.
Cause or allow the open dumping of any waste.
21.
Section
3.305 of the Act, 415 ILCS 5/3.305 (2008), provides the following
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.
22.
Section 3.385
of the Act ILCS 5/3.385 (2008) defines "refuse" as waste.
23.
Section 3.535
of the Act, 415 ILCS 5/3.535 (2008), defines "waste" as
" ... any garbage, ... or other discarded material, including solid, liquid, semi-solid ... "
24.
The general construction or demolition debris ("C&D") and other discarded
material disposed
of at the Site are "waste" as that term is defined in Section 3.535 of the Act,
415 ILCS 5/3.525
(2008).
25.
Section 3.185 of the Act, 415 ILCS 5/3.185 (2008), 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.
4
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26.
Respondents' dumping, depositing, or placing of waste at the Site consisting of
bricks, metal, timber and other materials resulting from the demolition of a
struct~re,
constitutes
"disposal," as that term is defined in Section 3.185 of the Act, 415 ILCS 5/3.185 (2008).
27.
Section 3.445 of the Act, 415 ILCS 5/3.445 (2008), 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.
28.
The
Site, where Respondents dumped, deposited, or placed 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 (2008), as Respondents did not apply for nor receive any permit from the Illinois
EPA to operate a landfill at the Site.
29.
From at least March 26, 2008, until July 17, 2008, Respondents caused or allowed
the consolidation
of refuse from one or more sources at the Site which does not fulfill the
requirements
of a sanitary landfill thereby engaging in open dumping.
30.
By causing or allowing the open dumping of waste at a Site that does not fulfill
the requirements
of a sanitary landfill, Respondents violated Section 21 (a) of the Act, 415 ILCS
5/21 (a)(2008).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Illinois Pollution Control Board
("Board") enter an order against the
Respondents, Champion, and Swinson,
as follows:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required
to answer the allegations herein;
5
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2.
Finding that the Respondents have violated Section 21(a) of the Act, 415 ILCS
5/21(a) (2008);
3.
Ordering the Respondents to cease and desist from any further violations of
Section 21(a) of the Act, 415 ILCS 5/21(a) (2008);
4.
Assessing against Respondents 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)
(2008), with an
additional penalty
ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS
5/42(f)
(2008), 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 II
CONDUCTING A WASTE STORAGE
OR WASTE DISPOSAL OPERATION WITHOUT A PERMIT
1-29. The Complainant realleges and incorporates herein by reference paragraphs 1
through 29
of Count I, as paragraphs 1 through 29 of this Count II.
30.
Section 21(d)(I) of the Act, 415 ILCS 5/21(d)(1) (2008), provide 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,
....
31.
From sometime prior to March 26, 2008, and continuing to July 17, 2008,
Champion transported and disposed of waste at the Site. Swinson as owner of the Site allowed
waste
to be deposited at the Site without a permit granted by the Agency.
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32.
By disposing of C&D waste at the Site, without a permit granted by the Agency,
Respondents violated
Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2008).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondents
Swinson and Champion as
follows:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein;
2.
Finding that the Respondents have violated Section 21(d)(1)ofthe Act, 415 ILCS
5/21(d)(1) (2008);
3.
Ordering the Respondents to cease and desist from any further violations of
Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2008);
4.
Assessing against Respondents 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) (2008), with
an additional penalty ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondents to pay all costs of this action, pursuant to Section 42(f) of
the Act, 415 ILCS 5/42(f) (2008), 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
DEVELOPMENT AND OPERATION OF A SOLID WASTE
MANAGEMENT SITE IN VIOLATION OF BOARD REGULATIONS
1-32. Complainant realleges and incorporates by reference herein paragraphs 1 through
32
of Count II as paragraphs 1 through 32 of this Count III.
33.
Section 21(d)(2) of the Act, 415 ILCS 5/21 (d)(2)(2008), provides as follows:
7
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No person shall:
*
*
*
(d)
Conduct any waste-storage, waste-treatment, or waste-disposal
operation:
*
*
*
(2)
in violation of any regulations or standards adopted by the
Board under this Act,
34.
Section 807.201 of the Illinois Pollution Control Board ("Board"), Waste
Disposal Regulations, 35 Ill. Adm.
C~de
807.201, titled, Development Permits, provides as
follows:
Subject to such exemption as expressly provided in Section 21(e) of the
Environmental Protection 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.
35.
Section 807.202(a) of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
807.202(a), titled, Operating Permits, provides as follows:
Subject to such exemption as expressly provided in Section 21(e) of the
Environmental Protection Act
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.
36.
Section 807.104 of the Board Waste Disposal,Regulations, 35 Ill. Adm. Code
807.104, titled, Definitions, provides in pertinent part, as follows:
"Development" means construction or installation of a unit.
"Owner" means a person who has an interest, directly or indirectly, in land,
including a leasehold interest, on which a person conducts a waste treatment,
waste storage or waste disposal operation. The "owner" is the "operator" if there
8
is no other person who is conducting a waste treatment, waste storage or waste
disposal operation.
"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."
"Unit"
means any device, mechanism, equipment or area used for storage,
treatment or disposal
of waste.
"Waste management" means the process of storage, treatment or disposal of
waste, not including hauling or transport.
37.
Swinson,
as owner of the Site has not obtained from the Illinois EPA a
Development Permit or an Operating Permit to develop and operate a new solid waste
management site nor has Swinson submitted an application for a permit to develop or operate a
new solid waste management site.
38.
The storage and the disposal
of the C&D waste at the Site constitutes "waste
management", as that term is defined by
35 Ill. Adm. Code 807.104.
39.
From at least March 26,2008, until July 17,
2008, the site was a "waste
management" site,
as that term is defined by 35 Ill. Adm. Code 807.104.
40.
From at least March 26,2008, and continuing until July 17, 2008, Swinson, by the
actions as alleged herein, has violated Section 21 (d)(2) of the Act, 415 ILCS 5/21 (d)(2)(2008),
and Sections 807.201, 807.202(a)
of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
807.201,807.202(a).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Swinson on this Count III
as follows:
9
1.
Authorizing a hearing in this matter at which time Swinson will be required to
answer the allegations herein;
2.
Finding that Swinson has violated Section 21(d)(2) of the Act, 415 ILCS
5/21(d)(2) (2008), and Sections 807.201and 807.202(a) of the Board Waste Disposal
Regulations,
35 Ill. Adm. Code 807.201 and 807.202(a);
3.
Ordering Swinson to cease and desist from any further violations of Section
21(d)(2)
of the Act, 415 ILCS 5/21(d)(2) (2008), and Sections 807.201 and 807.202(a) of the
Board Waste Disposal Regulations, 35 Ill. Adm. Code 807.201 and 807.202(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) for each
violation
of the Act and Board regulations with an additional penalty ofTen Thousand Dollars
($10,000.00) for each day of violation;
5.
Ordering Swinson to pay all costs of this action, pursuant to Section 42(f) of the
Act, 415
ILCS 5/42(f) (2008), 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
DISPOSAL OF WASTE AT AN UNPERMITTED FACILITY
1-29. Complainant realleges and incorporates by reference herein paragraphs 1 through
29
of Count I as paragraphs 1 through 29 of this Count
IV.
30.
Section 21(e) of the Act, 415 ILCS 5/21(e) (2008), provides as follows:
No person shall:
*
*
*
(e)
Dispose, treat, store or abandon any waste, or
transport any waste into this
State for disposal,
10
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treatment, storage or abandonment, except at a site
or facility which meets the requirements
of this Act
and
of regulations and standards thereunder.
31.
The Site has never been permitted by the Illinois EPA for the disposal or
treatment or storage
of waste.
32.
From at least March
26,2008, and continuing until July 17, 2008, the
Respondents have disposed, treated or stored waste consisting
of C&D waste in violation of
Section 21(e) of the Act, 415 ILCS 5/21(e)(2008).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondents, Swinson and Champion on this
Count IV as follows:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein;
2.
Finding that the Respondents have violated Section 21(e)
of the Act, 415 ILCS
5/21 (e)
(2008);
3.
Ordering the Respondents to cease and desist from any further violations of
Section 21(e) of the Act, 415 ILCS 5/21(e) (2008);
4.
Assessing against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 21(e) of the Act, 415 ILCS 5/21(e) (2008), with an
additional penalty
ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondents to pay all costs of this action, pursuant to Section 42(f) of
the Act, 415 ILCS 5/42(f) (2008), 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.
11
COUNT V
CAUSING OR ALLOWING LITTER
1-30. Complainant realleges and incorporates by reference herein paragraphs 1 through
30 of Count I as paragraphs 1 through 30 of this Count V.
31.
Section 21 (P) of the Act, 415 ILCS 5/21 (P) (2008), provides in pertinent part as
follows:
No person shall:
*
*
*
(P)
In
violation of subdivision (a) of this Section, cause
or allow the open dumping
of any waste in a
manner which results in any
of the following
occurrences at the dump site:
*
*
*
(1)
litter;
32.
From at least March 26,
2008, and continuing until at least July 17, 2008,
Respondents have caused or allowed the open dumping of waste, in violation of Section 21(a) of
the Act, 415 ILCS 5/21 (a)(2008) which resulted in litter.
33.
The Respondents, by their actions
as alleged herein, have violated Section
21(p)(I)
of the Act, 415 ILCS 5/21(p) (1)(2008).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondents, Swinson and Champion on this
Count
V as follows:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein;
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2.
Finding that the Respondents have violated Section 21(P)(1)ofthe Act, 415 ILCS
5121(P)(1) (2008);
3.
Ordering the Respondents to cease and desist from any further violations of
Section 21(P)(1) of the Act, 415 ILCS
5121(P)(1) (2008);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of Section 21(P)(1) of the Act, 415 ILCS 5/21(P)(1) (2008), 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, pursuant to Section 42(f) of
the Act, 415 ILCS 5/42(f) (2008), 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
FAILURE TO SUBMIT NOTIFICATION OF ACCEPTANCE
OF GENERAL C&D PRIOR TO INITIAL ACCEPTANCE
1-29. Complainant realleges and incorporates by reference herein, paragraphs 1 through
29
of Count I as paragraphs 1 through 29 of this Count VI. .
30.
Section 22.38(b)(11) of the act, 415 ILCS 5122.38(b)(11) (2008), provides as
follows:
(b)
An
owner or operator of a facility accepting exclusively general
construction or demolition debris for transfer, storage, or treatment shall:
*
*
*
(11)
submit to the Agency at least 30 days prior to the initial
acceptance
of general construction or demolition debris at the
facility, on forms provided the Agency, the following
information:
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(A)
the name, address, and telephone number of both the
facility owner and operator;
(B)
the street address and location
of the facility;
(C)
a description
of facility operations;
(D)
a description
of the tagging and recordkeeping procedures
the facility will employ to
(i)
demonstrate compliance with this Section and
. (ii)
identify the source and transporter of all material
accepted by the facility;
(E)
the name and location
of the disposal site be used for the
transportation and disposal
of non-recyclable materials
accepted
at the facility;
(F)
the name and location
of an individual, facility, or business
to which recyclable materials will be transported; and
(G)
other information as specified on the forms provided by the
Agency.
When any information contained or processes described in the
initial notification form submitted to the Agency changes, the owner and
operator shall submit an updated form within 14 days
of the change.
31.
Swinson did not submit
to the Illinois EPA any of the information required by
Section 22.38(b)(11), 415
ILCS 5/22.38(b)(11) (2008), at least 30 days prior to the acceptance of
general C&D waste for transfer, storage, or treatment at the Site.
32.
By failing to submit to the Illinois EPA the necessary information prior to
accepting C&D waste at the
Site, Swinson violated Section 22.38(b)(11) of the Act, 415 ILCS
5122.38(b)(11) (2008).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Swinson on this Count VI as follows:
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1.
Authorizing a hearing in this matter at which time Swinson will be required to
answer the allegations herein;
2.
Finding that the Swinson has violated Section 22.38(b)(II) of the Act, 415 ILCS
5/22.38 (b)(ll) (2008);
3.
Ordering the Swinson to cease and desist from any further violations of Section
22.38(b)(II) of the Act, 415 ILCS 5/22.38(b)(II) (2008);
4.
Assessing against Swinson a civil penalty of Fifty Thousand Dollars ($50,000.00)
for each violation of Section 22.38(b)(1l) of the Act, 415 ILCS 5/22.38(b)(11) (2008), with an
additional civil penalty
ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Swinson to pay all costs of this action, pursuant to Section 42(f) of the
Act, 415
ILCS 5/42(f) (2008), including attorney, expert witness and consultant fees expended
by the
State in its pursuit of this action; and
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6.
Granting such other relief as the Board deems appropriate and just.
Of Counsel:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
69 West Washington Street, Suite
1800
Chicago, Illinois 60602
(312) 814-3816
(312) 814-2347 - fax
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex re!.
LISA MADIGAN, Attorney
General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
Assistant Attorney General
G:\Environmental Enforcement\Z BEREKET-AB\Swinson.Champion Complaint 6-l9-09.doc
16
Electronic Filing - Received, Clerk's Office, July 28, 2009
* * * * * PCB 2010-008 * * * * *
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET -AB, an Assistant Attorney General, do certify that I caused
to be served on this 28
th
day of July 2009, the foregoing Notice of Filing, and a Complaint, upon
Mr. Donald
R. Swinson, an individual, and Barbara J. Gorniak, Registered Agent of Champion
Environmental Services, Inc., by placing same in an envelope bearing sufficient postage with the
United States
Postal Service located at 100 West Randolph Street, Chicago, Illinois.
ZEMEHERET BEREKET-AB
G:\Environmental Enforcement\Z BEREKET-AB\Swinson-Champion - NOF&Cert 7-28-09.doc
Electronic Filing - Received, Clerk's Office, July 28, 2009
* * * * * PCB 2008-010 * * * * *
