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BEFORAILOLL
BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
~
Complainant,
v.
)
PCB9~-9
(Enforcement)
C & S RECYCLING,
INC.,
an Illinois
corporation,
FLOOD BROTHERS
DISPOSAL COMPANY,
INC.,
an
Illinois Corporation, WILLIAM
FLOOD, Individually, and as
president
of C
,&
S Recycling,
and
BRIAN
FLOOD,
Individually,
and as treasurer of C & S
Recycling,
Respondents.
NOTICE OF FILING
TO:
See attached Service List:
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 and herewith served upon you.
Respectfully submitted,
JAMES E. RYAN
Attorney General
State of Illinois
BY:
MIKE MACI~OFF
Assistant Attorne~Genek’al
Environmental Bureau
100 W. Randolph St.
-
11th Fl.
Chicago,
IL 60601
Date:
July 11,
1996
(312)
814-2381
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Mr William Flood
26587 Long Meadow
Mundeline,
Illinois 60060
Mr. Brian Flood
4009 West Taylor Street
Chicago,
Illinois 60624
Mr. Michael Laird
Attorney at Law
180 North Michigan Avenue
Suite 1900
Chicago,
Illinois 60601
SERVICE LIST
~‘~ICE
JUL 11
1996
BEFORE THE POLLUTION CONTROL
BOARD
POLL~O~OONThO~P_
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB
97
-9
(Enforcement)
C & S RECYCLING,
INC.,
an Illinois
corporation,
FLOOD BROTHERS
DISPOSAL COMPANY,
INC.,
an
Illinois Corporation,
WILLIAM
FLOOD,
Individually, and as
president of C & S Recycling,
and BRIAN FLOOD,
Individually,
and as treasurer of C &
S
Recycling,
Respondents.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E.
RYAN, Attorney General of the State of Illinois,
complains of
respondents,
C & S RECYCLING,
INC.,
FLOOD BROTHERS DISPOSAL
COMPANY,
INC., WILLIAM FLOOD,
and BRIAN FLOOD,
as follows:
COUNT I
OPEN DUMPING
1.
This count is brought by
JAMES
E.
RYAN,
Attorney
General of the State of Illinois,
on his own motion and at the
request of the Illinois Environmental Protection Agency
1
(“Agency”), pursuant to Section 31 of the Illinois Environmental
Protection Act
(“Act”), 415 ILCS 5/31(1994).
2.
The Agency is an administrative agency of the State of
Illinois,
created pursuant to Section
4 of the Act,
415 ILCS
5/4(1994),
and charged,
inter alia,
with the duty of enforcing
the terms of the Act.
3.
Respondent,
C &
S RECYCLING,
INC.
(“C & S”),
is an
Illinois corporation in good standing located at 4009 West Taylor
Street,
Chicago, Cook County,
Illinois
(“site”)
4.
Until at least 1992,
or to a time better known to
Respondents,
the site was operated by Respondents,
FLOOD BROTHERS
DISPOSAL,
Inc.
(“Flood Brothers”).
5.
Respondent, WILLIAM FLOOD,
is the president of C
& S
Recycling, and is responsible for the day to day operations
at
the site.
6.
Respondent,
BRIAN FLOOD,
is the treasurer of C & S
Recycling.
7.
On October 20,
1992, when the site was being operated
by Flood Brothers,
the Agency inspected the site and observed at
least four roll-off boxes on site containing yard waste, wood and
garbage.
8.
On January 19,
1993,
the Agency conducted an inspection
2
of the site,
then operated by C & S.
During the inspection,
the
Agency inspector observed several dumpsters at the site
containing miscellaneous metal containers including some
containing used paint and others labeled with the word
“flammable”.
9.
On February 11,
1993,
the Agency conducted another
inspection of the site pursuant to an Administrative Inspection
Warrant.
Inside the building at the site,
the Agency inspector
observed large piles of mixed recyclable and non-recyclable waste
on the floor.
The indoor waste items included,
but were not
limited to, mattresses,
furniture,
metal items, garbage and yard
waste.
The inspector also observed dumpsters containing waste
metal items and other miscellaneous waste items.
Outside of the
building,
the inspector observed a number of piles of waste
including,
but not limited to,
furniture, mattresses,
garbage and
yard waste.
10.
On March
4,
1994,
the Agency conducted another
inspection of the site.
The Agency inspector observed a front
loader and a conveyor belt, which is used to sort and separate
waste, and two compactors filled with miscellaneous non-
recyclable waste.
The agency inspector also found piles of mixed
recyclable and non-recyclable waste at the site both inside and
3
outside of the building including, but not limited to, plastic,
cardboard,
wood items,
mattresses, garbage and used plastic
buckets.
11.
Section 21(a)
of the Act,
415 ILCS 5/21(a) (1994),
provides as follows:
No person shall:
a.
Cause or allow the open dumping of any waste.
12.
Section 3.24 of the Act,
415 ILCS 5/3.24(1994),
provides as follows:
“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 3.31 of the Act,
415 ILCS 5/3.31(1994),
provides as follows:
“REFUSE” means waste.
14.
Section 3.53 of the Act,
415 ILCS 5/3.53(1994),
provides,
in pertinent part,
as follows:
“WASTE” means any garbage,
.
.
.
or other discarded
material,
including any solid,
liquid,
semi-solid,
or
contained gaseous material resulting from industrial,
commercial, mining and agricultural operations, and
from community activities
.
.
.
15.
Section 3.41 of the Act,
415 ILCS 5/3.41(1994),
provides as follows:
“SANITARY LANDFILL” means a facility permitted by the
4
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.
16.
Section 3.08 of the Act,
415 ILCS 5/3.08(1994),
provides as follows:
“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
other constitute thereof may enter the environment or
be emitted into the air or discharged into any waters,
including ground waters.
17.
The material described in paragraphs
7 through 10
is
“waste”
as that term is defined in Section 3.53 of the Act,
415
ILCS 5/3.53(1994).
18.
Neither Flood Brothers nor C & S are permitted by the
Agency to dispose of waste on land nor do they cover refuse with
a layer of earth at the conclusion of each day’s operation and,
therefore,
the site does not meet the definition
of “sanitary
landfill”.
19.
By the actions described herein,
Respondents have
caused or allowed the open dumping of waste at the site.
20.
By the actions described herein,
Respondents have
5
violated Section 21(a)
of the Act,
415 ILCS 5/21(a) (1994).
WHEREFORE,
complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
complainant and against respondents on Count
I:
1.
Authorizing a hearing in this matter,
at which time the
respondnets will be required to answer the allegations herein;
2.
Finding that respondents have violated Section 21(a)
of
the Act;
3.
Ordering respondents to cease and desist from any
future violations of Section 21(a)
of the Act;
4.
Assessing
a civil penalty of Fifty Thousand Dollars
($50,000.00)
against respondents for each violation of the Act,
and an additional civil penalty of Ten Thousand Dollars
($10,000.00)
for each day of violation;
5.
Assessing all costs against respondents pursuant to
Section 42(f)
of the Act,
including expert witness, consultant,
and attorney fees; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT II
DEVELOPING A SOLID WASTE MANAGEMENT
SITE WITHOUT A PERMIT
1-10.
Complainant realleges and incorporates by reference
6
herein paragraphs
1 through 10 of Count
I as paragraphs
1 through
10 of this Count
II.
11.
Sections 21(d) (1)
and
(2)
of the Act,
415 ILCS
5/21(d) (1) and
(2) (1994),
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
.
.
.
;
or
(2)
In violation of any regulations or standards
adopted by the Board under this Act
.
.
12.
Section 807.201
of the Illinois Pollution Control
Board’s
(“Board”)
Waste Disposal Regulations,
35
Ill.
Adm.
Code
807.201, provides,
in pertinent part,
as follows:
no person shall cause or allow the development of
any new solid waste management site
.
.
.
without a
Development Permit issued by the Agency.
13.
Section 807.104 of the Board’s Waste Disposal
Regulations,
35
Ill. Adm. Code 807.104, provides
as follows:
“Waste management” means the process of storage,
treatment or disposal of waste, not including hauling
or transport.
14.
Section 3.47 of the Act,
415 ILCS 5/3.47
(1994),
provides as follows:
“STORAGE SITE”
is a site at which waste is stored.
7
“Storage site” includes transfer station.
15.
Section 3.46 of the Act,
415 ILCS 5/3.46
(1994),
provides as follows:
“STORAGE” means the containment of waste,
either on a
temporary basis or for a period of years,
in such a
manner as not to constitute disposal.
16.
Section 3.83 of the Act,
415 ILCS 5/3.83
(1994),
provides,
in pertinent part,
as follows:
“Transfer station” means a site or facility that
accepts waste for temporary storage or consolidation
and further transfer to a waste disposal,
treatment or
storage facility.
17.
During each of the inspections described above in
paragraphs
7 through
10,
the Agency inspector determined that
respondents were accepting mixed recyclable and non-recyclable
waste from outside the facility and separating out and storing
non-recyclable waste for disposal at another location.
18.
By the actions described herein,
respondents have
developed a waste transfer station, and,
therefore,
a waste
storage facility at the site.
19.
By the actions described herein,
respondents have
developed a solid waste management site at the site.
20.
Respondents have never possessed an Agency Development
Permit to develop a solid waste management site at the site.
8
21.
By the actions described herein,
respondents caused or
allowed the development of a new solid waste management site
without an Agency Development Permit in violation of Sections
21(d)
(1)
and
(2)
of the Act,
415 ILCS 5/21(d) (1)
and
(2) (1994),
and Section 807.201 of the Board’s Waste Disposal Regulations,
35
Ill. Adm.
Code 807.201.
WHEREFORE,
complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
complainant and against respondents on Count
II:
1.
Authorizing a hearing in this matter,
at which time the
respondnets will be required to answer the allegations herein;
2.
Finding that respondents have violated Sections
21(d) (1) and
(2)
of the Act and 35 Ill.
Adm. Code 807.201;
3.
Ordering respondents to cease and desist from any
further violation of Sections 21(d) (1) and
(2)
of the Act, and 35
Ill. Adm.
Code 807.201;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against respondents for each violation of the Act
and the Board’s Waste Disposal Regulations, and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Assessing all costs against respondents pursuant to
9
Section 42(f)
of the Act,
including expert witness,
consultant,
and attorney fees;
and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT III
OPERATING WITHOUT A PERMIT
1-11.
Complainant realleges and incorporates by
reference herein paragraphs
1 through 10 of Count
I and paragraph
11 of Count
II as paragraphs
1 through 11 of this Count
III.
12.
Section 807.202(a)
of the Board’s Waste Disposal
Regulations,
35
Ill.
Adm.
Code 807.202 (a), provides,
in pertinent
part,
as follows:
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
.
13.
Section 807.104
of the Board’s Waste Disposal
Regulations,
35
Ill. Adm.
Code 807.104, provides as follows:
“Waste management” means the process of storage,
treatment or disposal of waste, not including hauling
or transport.
14.
Section 3.47 of the Act, 415 ILCS 5/3.47
(1994),
provides as follows:
“STORAGE SITE”
is a site at which waste
is stored.
“Storage site” includes transfer station.
10
15.
Section 3.46 of the Act,
415 ILCS 5/3.46
(1994),
provides as follows:
“STORAGE” means the containment of waste,
either on a
temporary basis or for a period of years,
in such a
manner as not to constitute disposal.
16.
Section 3.83 of the Act,
415
ILCS 5/3.83
(1994),
provides,
in pertinent part,
as follows:
“Transfer station” means a site or facility that
accepts waste for temporary storage or consolidation
and further transfer to a waste disposal,
treatment or
storage facility.
17.
During each of the inspections described above in
paragraphs
7 through 10, the Agency inspector determined that
respondents were accepting mixed recyclable and non-recyclable
waste from outside the facility and separating out and storing
non-recyclable waste for disposal at another location.
18.
By the actions described herein,
respondents have
operated and continue to operate a waste transfer station,
and,
therefore,
a waste storage facility at the site.
19.
By the actions described herein,
respondents have
operated and continue to operate
a solid waste management site at
the site.
20.
Respondents have never possessed an Agency Operating
Permit to operate a solid waste management site at the site.
11
21.
By the actions described herein,
respondents have
caused or allowed the use or operation of a solid waste
management site for which a Development Permit is required,
without an Agency Operating Permit in violation of Sections
21(d) (1) and
(2)
of the Act,
415 ILCS 5/21(d) (1) and
(2) (1994),
and Section 807.202(a)
of the Board’s Waste Disposal Regulations,
35
Ill. Adm.
Code 807.202(a).
WHEREFORE,
complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
complainant and against respondents on Count
III:
1.
Authorizing a hearing in this matter,
at which time the
respondnets will be required to answer the allegations herein;
2.
Finding that respondents have violated Sections
21(d)(1) and
(2)
of the Act and 35
Ill. Adm.
Code 807.202 (a);
3.
Ordering respondents to cease and desist from any
further violation of Sections 21(d)
(1)
and
(2)
of the Act, and 35
Ill. Adm.
Code 807.202(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against respondents for each violation of the Act
and the Board’s Waste Disposal Regulations, and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
12
5.
Assessing all costs against respondents pursuant to
Section 42(f)
of the Act,
including expert witness,
consultant,
and attorney fees; and
6.
Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES E.
RYAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
By:
_______________
WILLIAM D.
SEITH,
Chief
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
MIKE MACKOFF
Assistant Attorney General
Environmental Bureau
100 W. Randolph Street,
11th Floor
Chicago,
Illinois 60601
(312)
814-2381
a: c&s4 .doc
13
CERTIFICATE OF SERVICE
I,
MYRON F. MACKOFF, an Assistant Attorney General
in this
case,
do certify that
I caused to be mailed this 11th day of
July,
1996,
the foregoing Notice of Filing and Complaint upon the
person listed on said Notice by certified mail in an envelope
bearing sufficient postage with the United States Postal Service
located at 100 West Randolph Street,
Chicago, Illinois.
MYRON
