flL~
l~~PP\R
R
11
RECEIVED
~J
~i
~ /~\
H
cI~RK’S
BEFORE
THJfrn~dL4ltt4~i~NTROL
BOARD
JAN
1 51999
STATE
OF IWNOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
pollution
Control Board
Complainant,
PCB
-vs-
)
(Enforcement)
THE SCOTTS COMPANY,
an Ohio
Corporation,
Respondent.
NOTICE OF FILING
TO:
Christiane
W.
Schmenk
Director of Legal Affairs
The Scotts Company
14111 Scottslawn Road
Maryville,
Ohio 430041
PLEASE TAKE NOTICE that
I have today filed a Complaint,
Stipulation and Proposal for Settlement,
Motion to Request Relief
from the Hearing Requirement and a Certificate
of Service,
on behalf
of the Illinois
Environmental
Protection Agency,
a copy of which is
attached and herewith served upon you.
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.
PEOPLE OF THE STATE OF ILLINOIS
JANES
E.
RYAN
Attorney General
of the
State
of Illinois
BY:
___________
ALYSSA FR
NENCOMB
Assistant Attorney General
Environmental Bureau
100
W.
Randolph St.
-
11th Fl.
Chicago,
IL
60601
(312)
814-3774
DATE:
January
15,
1999
c:\forms\agrmtn2
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S
OFFICE
JAN
1 51999
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
STATE
OF IWNOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution Control Board
Complainant,
PCB
-vs-
)
(Enforcement)
THE SCOTTS COMPANY,
an Ohio
Corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by JAMES
E.
RYAN,
Attorney General
of the State of Illinois,
complains
of Respondent,
THE SCOTTS COMPANY,
as follows:
COUNT
I
OPERATING
A
COMPOSTING
FACILITY
WIThOUT A PERMIT
1.
This Complaint is brought by the Attorney General
on his
own motion and upon the request of the Illinois Environmental
Protection Agency
(“Illinois EPA”)
pursuant to the terms and
provisions
of Section 31 of the Illinois Environmental
Protection
Act
(“Act”),
415
ILCS 5/31
(1996)
2.
The Illinois EPA is an administrative agency of the State
of Illinois,
created pursuant
to Section
4 of
the Act,
415
ILCS
5/4
(1996),
and charged,
inter alia,
with the duty
of enforcing
the Act.
3.
Respondent,
The Scotts Company
(“Scotts”),
is an Ohio
corporation registered
to do business
in Illinois.
4.
Scotts operates a landscape composting facility that
consists of
58
acres
in Section
8
of T37N,
R7E of the 3rd PM
in
Kendall
County,
Illinois
(“facility”)
5.
On October 23,
1993,
The Illinois EPA issued
a permit
to
Scotts to develop and operate
a landscape composting facility at
its
Kendall County facility.
This permit
expired on September
25,
1996,
and,
in order
to continue operations,
Scotts was required to submit
a reapplication
at least ninety days prior to the expiration date.
6.
On October
1,
1996,
the Illinois EPA conducted an
inspection
of the facility.
The facility was operating although its
permit had expired and Scotts had failed to submit
its
reapplication.
7.
On October
30,
1996,
the
Illinois EPA conducted
a second
inspection
of the facility and discovered
that Scotts was still
accepting landscape
waste.
8.
On December
20,
1996,
the Illinois EPA issued Permit No.
l996-338-REN
to Scotts for composting operations at
the facility.
9.
On April
8,
1997,
the Illinois EPA conducted
a third
inspection
of the facility.
At
this time,
Respondent was operating
the facility with the following deficiencies:
failure to post
a
sign
with
a contact person for complaints;
failure
to monitor on
a weekly
interval
the oxygen level
of each windrow
of composting material;
failure
to monitor on
a bi-weekly basis the moisture
level
of each
2
windrow of composting material;
failure to provide proper
documentation
of personnel training;
and failure to test
compost
derived from landscape waste for the parameters
set
forth in 35
ILL.
Adm.
Code 830.503(a)-(f).
10.
Section 21(d) (1)
(1996)
of
the Act,
415
ILCS 5/21(d)
(1)
(1996), provides
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;
.
11.
Section
3.20,
3.49,
3.53,
and 3.70 of the Act,
415 ILCS
5/3.20,
3.49,
3.53 and 3.70
(1996),
provides
the following
definitions:
“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.
“TREATMENT”
means any method,
technique or process,
including neutralization,
designed to change the
physical,
chemical,
or biological
character
or
composition of any waste so
as to neutralize
it or render
it nonhazardous,
safer for transport,
amenable
for
recovery,
amenable
for storage,
or reduced in volume.
Such term includes any activity or processing designed
to
change the physical
form or chemical composition of
hazardous waste
so as
to render
it nonhazardous.
3
“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,
but does not include solid or dissolved material
in
domestic sewage,
or solid or dissolved materials in
irrigation return flows,
or coal combustion by-products
as defined in Section 3.94,
or industrial discharges
which are point sources subject
to permits under Section
402 of the Federal Water Pollution Control Act,
as now or
hereafter amended,
or source,
special nuclear,
or by-
product materials as defined by the Atomic Energy Act of
1954,
as amended
(68 Stat.
921) 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 or any law or
rule or regulation adopted by the State of Illinois
pursuant thereto.
“Composting” means the biological treatment process by
which microorganisms decompose the organic fraction of
waste, producing compost.
12.
The material Scotts accepts at its facility is
“landscape
waste” and “waste”
as those terms are defined by the Act.
13.
The processes at the Scotts facility is
“composting” and
therefore,
a “treatment”
as those terms are defined by the Act.
14.
The Scotts facility is
a waste-treatment facility that
requires a permit pursuant to Section 21(d) (1)
of the Act,
415 ILCS
5/21(d) (1)
(1996).
15.
Since at least September 25,
1996 until at least
December 20,
1996,
by causing or allowing the operation of
a waste-
treatment facility without the necessary permit,
Scotts has violated
4
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1)
(1996).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order for Complainant
and against Respondent,
THE SCOTTS COMPANY, with respect
to Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has caused or allowed violations
of Section 21(d) (1)
of the Act.
3.
Ordering Respondent to cease and desist from further
violations
of Section
21(d) (1)
of the Act.
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) per day for each violation of the Act and the
regulations promulgated thereunder,
and Ten Thousand Dollars
($10,000.00)
per day for each day of violation;
5.
Ordering Respondent to pay all costs,
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.
COONT II
TREATMENT
OF
LANDSCAPE
WASTE
WITHOUT
A
PERMIT
5
1-9.
Plaintiff realleges and incorporates by reference herein
paragraphs
1 through
9
of Count
I as paragraphs
1 through
9 of this
Count
II.
10.
Section 21(e)
of the Act,
415 ILCS 5/21(e)
(1996),
provides 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.
11-14.
Plaintiff realleges and incorporates by reference herein
paragraphs
11 through 14
of Count
I
as paragraphs
11 through
14 of
this Count
II.
15.
From at least September 25,
1996 until at least December
20,
1996,
by causing or allowing the treatment or storage of
landscape waste its facility without the necessary permit,
Scotts
has violated Section 21(e)
of the Act,
415 ILCS 5/21(e)
(1996).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order for Complainant
and against Respondent,
THE SCOTTS COMPANY,
with respect to Count
II:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
6
2.
Finding that Respondent has caused or allowed violations
of Section 21(e)
of the Act.
3.
Ordering Respondent to cease and desist from further
violations
of Section 21(e)
of the Act.
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) per day for each violation of the Act and the
regulations promulgated thereunder, and Ten Thousand Dollars
($10,000.00) per day for each day of violation;
5.
Ordering Respondent to pay all costs, 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
VIOLATION OF SPECIAL PERMIT CONDITIONS
1-9.
Plaintiff realleges and incorporates by reference herein
paragraphs
1 through 9 of Count
I as paragraphs
1 through 9 of this
Count
III.
10.
Section 21(d) (2)
of the Act,
415 ILCS 5/21(d) (2)
(1996),
provides as follows:
No person shall:
d.
Conduct any waste-storage, waste-treatment,
or
waste-disposal operation:
*
*
*
7
2.
in violation of any regulations or standards
adopted by the Board under this Act.
11-13.
Plaintiff realleges and incorporates by reference herein
paragraphs
11 through
13 of Count
I as paragraphs
11 through
13 of
this Count
III.
14.
Section 830.202(i) (4)
of the Illinois Pollution Control
Board
(“Board”)
Waste Disposal Regulations,
35
Ill.
Adm.
Code
830.202(i) (4),
titled,
Minimum Performance Standards and Reporting
Requirements for Landscape Waste Compost Facilities,
provides as
follows:
With the exception of on-site
landscape waste compost
facilities,
all
landscape waste compost facilities
subject
to this Part shall
comply with the
following
requirements:
*
*
*
i.
Except
for on-farm landscape waste compost
facilities,
the operator shall post permanent
signs
at each entrance,
the text
of which specifies
in
letters not less than three
inches high:
*
*
*
4.
The statement,
“COMPLAINTS CONCERNING THIS
FACILITY CAN BE MADE TO THE FOLLOWING
PERSONS,
followed by the name and telephone number of
the operator,
and the name and telephone number
of
the Bureau
of Land,
Illinois Environmental
Protection Agency,
Springfield,
Illinois.
15.
Section 830.205(m) (1) (B)
and
(C)
of the Board Waste
Disposal Regulations,
35
Ill.
Adm.
Code
830.205(m) (1) (B)
and
(C),
8
titled,
Additional Operating Standards for Permitted Landscape Waste
Compost Facilities,
provides as follows:
All permitted landscape waste compost facilities must
comply with the following operating standards,
in
addition to those set forth in Sections 830.202 and
830.204:
*
*
*
m.
Monitoring
1.
At a minimum, for batch,
windrow and pile
systems:
B.
The moisture level
in each batch, windrow
or pile of composting material must be
monitored once every two weeks; and
C.
For aerobic composting,
the oxygen level
of each batch, windrow or pile of
composting material must be monitored
weekly.
16.
Section 830.210(a)
of the Board Waste Disposal
Regulations,
35
Ill. Adm.
Code 830.210(a), titled,
Personnel
Training for Permitted Landscape Waste Compost Facilities,
provides
as follows:
a.
The operator of a permitted landscape waste compost
facility shall provide training to all personnel
prior to initial operation of a composting facility.
In addition,
annual personnel training shall be
provided, which must include,
at
a minimum,
a
thorough explanation of the operating procedures for
both normal and emergency situations.
17.
Section 830.504(a)
and
(d)
of the Board Waste Disposal
Regulations,
35 Ill. Adm.
Code 830.504 (a) and
(d),
titled,
Testing
9
Requirements for End-Product Compost Derived from Landscape Waste,
provides as
follows:
a.
Operators shall perform testing to demonstrate
compliance with the standards set forth in
subsections
(b)-(e)
of Section 830.503.
Such
testing must be done in accordance with the methods
set forth in Section
830, Appendix B,
except that
an
alternative method or methods may be used to
demonstrate compliance with any of these standards,
if approved in writing by the Agency.
*
*
*
d.
End-product compost derived from landscape waste
must be tested for the parameters set forth in
Section 830.503 at a frequency of:
1.
Once every 5,000 cubic yards of end-product
compost transported off-site;
or
2.
Once per year,
if
less than 5,000 cubic yards
of end-product compost are transported off-site
per year.
18.
Special Condition 10(d)
of Permit No.
1996-338-REN
provides as follows:
The operator shall post a permanent sign at each
entrance, the text of which specifies in letters of not
less than three
inches high:
d.
The statement,
“COMPLAINTS CONCERNING THIS FACILITY
CAN BE MADE
TO THE FOLLOWING PERSONS,
followed by
the name and telephone number of the operator,
and
the name and telephone number of the Bureau of Land,
Illinois Environmental Protection Agency,
Springfield,
Illinois.
19.
Special Condition 16
of Permit No.
1996-338-REN provides
as follows:
10
The operator shall take measures to adjust the oxygen
level within the windrow as necessary to promote aerobic
composting.
The oxygen level of each windrow of
composting material shall be monitored at
a minimum
weekly.
20.
Special Condition 17 of Permit No. 1996-338-REN provides
as follows:
The operator shall take measures to maintain the moisture
level
of the composting material with a range of
40
to
60.
The moisture level
in each windrow of composting
material shall be monitored at a minimum of once every
two weeks.
21.
Special Condition 33
of Permit No.
1996-338-REN provides
as follows:
Employees shall be provided training annually in facility
operating procedures for both normal and emergency
situations.
New employees shall be trained prior to
participating in operations at the facility relevant to
their employment.
Employees shall sign an acknowledgment
stating that they have received training in facility
operating procedures and such acknowledgment shall be
made a part of the records for the facility.
22.
Special Condition 37 of Permit No.
1996-338-REM provides
as follows:
Except for end product compost used as daily cover or
vegetative amendment in the final
layer at a landfill,
compost derived from landscape waste must be tested for
the parameters set forth in 35
Ill.
Adm. Code 830.503 (a-
e)
at a frequency of once every 5000 cubic yards
transported off-site or once per year
if less than 5000
cubic yards of compost are transported off-site per year.
23.
By failing to failure to post
a sign with
a contact
person for complaints; failing to monitor on a weekly interval the
11
oxygen level of each windrow of composting material; failing to
monitor on a bi-weekly basis the moisture level of each windrow of
composting material;
failing to provide proper documentation of
personnel training;
and failing to test compost derived from
landscape waste for the parameters set forth in
35
ILL.
Adm.
Code
830.503(a)-(f),
Scotts has violated Section 21(d) (2)
of the Act,
415
ILCS 5/21(d) (2)
(1996),
Sections 830.202(i)
(4),
830.205(m) (1) (B) and
(C),
830.210(a)
and 830.504(a) and
(d)
of the 35 Ill. Adm Code, and
Special Conditions
10(d),
16,
17,
33 and 37 of Permit No.
1996-338-
REN.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order for Complainant
and against Respondent, THE SCOTTS COMPANY,
with respect to Count
III:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has caused or allowed violations
of Section 21(d) (2)
of the Act,
Sections 830.202(i) (4),
830.205(m) (1) (B) and
(C),
830.210(a)
and 830.504(a)
and
(d)
of the
35 Ill. Adm Code,
and Special Conditions 10(d),
16,
17,
33 and 37 of
Permit No. 1996-338-REN.
3.
Ordering Respondent to cease and desist from further
violations
of Section 21(d) (2)
of the Act,
Sections 830.202(i) (4),
12
830.205(m) (1) (B) and
(C),
830.210(a)
and 830.504(a) and
(d)
of the
35
Ill. Adm Code, and Special Conditions
10(d),
16,
17,
33 and 37 of
Permit No.
1996-338-REN.
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
per day for each violation of the Act and the
regulations promulgated thereunder, and Ten Thousand Dollars
($10,000.00) per day for each day of violation;
5.
Ordering Respondent to pay all costs,
including attorney,
expert witness and consultant fees expended by the State in its
pursuit of this action; and
13
6.
Granting such other relief as
the Board deems appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E.
RYAN
Attorney General
State
of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
By:___________
WILLIAM
D.
SEITH,
Chief
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
ALYSSA FRON MEWCOMB
Assistant Attorney General
Environmental Bureau
100 West Randolph Street,
11th Floor
Chicago,
IL 60601
(312)
814-3774
C:\scotts\cmplt
14
RECEIVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CT
FPK’S
OFF!CE
JAN
151999
PEOPLE OF THE STATE OF ILLINOIS,
STATE
OF
IWNOIS
Complainant,
)
Pollution
Control Board
PCB
99-/01-
-vs-
)
(Enforcement)
THE SCOTTS COMPANY,
an Ohio
Corporation,
Respondent.
MOTION
TO
REQUEST
RELIEF
FROM
HEARING
REOUIREMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by JAMES
E.
RYAN,
Attorney General
of the State of Illinois,
hereby requests relief
from the hearing requirement
in the above captioned matter.
In support thereof the Complainant states
as follows:
1.
Today,
the parties
in the above-captioned matter
simultaneously filed
a Complaint and Stipulation and Proposal
for
Settlement with the Board.
2.
Section 31(a)
(2)
of the Illinois Environmental
Protection
Act
(“Act”),
415
ILCS 5/31(a)
(2) (1996), provides:
Notwithstanding
the provisions
of subdivision
(1)
of this
subsection
(a)
,
whenever
a
complaint has been filed on behalf of
the
Agency or by the People of the State
of
Illinois,
the parties may file with the Board
a
stipulation and proposal
for settlement
accompanied by
a request for relief from the
requirement
of a hearing pursuant
to
subdivision
(1)
.
.
.
3.
The parties thereto have filed
a Stipulation and Proposal
for Settlement
and agree that
a formal hearing
is not necessary
to
1
conclude
this matter and wish to avail themselves of
Section
31(a) (2)
of the Act.
WHEREFORE,
Complainant requests relief from the hearing
requirement pursuant to Section 31(a) (2)
of the Act.
Respectfully submitted,
JAMES
E.
RYAN
Attorney General
of the
State
of Illinois
BY:____
ALYSSA~RON NEWCOMB
Assistant Attorney General
Environmental
Bureau
100 West Randolph,
11th
Flr.
Chicago,
Illinois
60601
(312)
814-3774
2
RECEIVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
JAN
1
5
1999
Complainant,
STATE
OF fWNOJs
PCB 99-
iP6~
Pollution
Control Board
-vs-
)
(Enforcement)
THE SCOTTS COMPANY,
an Ohio
Corporation,
Respondent.
STIPULATION MiD PROPOSAL FOR
SETTIa&ENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, 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
(“Illinois EPA”), and Respondent, THE SCOTTS COMPANY(hereinafter
referred to as
“Respondent” or
“Scotts”),
do hereby submit this
Stipulation and Proposal for Settlement.
The parties agree that the
Complainant’s statement of facts contained herein is agreed to only
for the purposes of settlement.
The parties further state that
neither the fact that a party has entered into this stipulation,
nor
any of the facts stipulated herein,
shall be admissible into
evidence,
or used for any purpose in this,
or any other proceeding,
except to enforce the terms hereof, by the parties to this
agreement.
Notwithstanding the previous sentence,
this Stipulation,
and any Illinois Pollution Control Board
(“Board”)
order accepting
same, may be used as evidence of
a past adjudication of a violation
of the Illinois Environmental Protection Act
(“Act”)
for purposes of
Section 42 (h)
of the Act,
415 ILCS 5/42 (h)
(1996)
.
This Stipulation
and Proposal for Settlement shall be null and void unless the Board
approves and disposes of this matter on each and every one of the
terms and conditions of the settlement
set forth herein.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of
the parties consenting hereto pursuant to the Act,
415 ILCS 5/1 et
seq.
(1996)
II.
AUTHORI ZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to enter
into the terms and conditions of this Stipulation and Proposal for
Settlement and to legally bind them to it.
III.
APPL
ICAB
ILflY
This Stipulation and Proposal for Settlement shall
apply to,
and be binding upon,
the Complainant and Respondent, and any
officer,
agent,
employee or servant of Respondent,
as well as the
Respondent’s successors and assigns.
Respondent shall not raise as
a defense to any enforcement action taken pursuant to this
settlement the failure of its officers,
directors,
agents,
servants
or employees to take such action as shall be required to comply with
the provisions of this settlement.
IV.
STATE?~NTOF FACTS
On October 23,
1993,
the Illinois EPA issued a permit to
develop and operate a landscape waste composting facility known as
the Scotts Composting Facility
(“Facility”)in Kendall County,
Illinois.
This permit expired on September
25,
1996 and,
in order
to continue operations,
Respondent was required to submit
a
2
reapplication at least ninety
(90)
days prior to the expiration
date.
On October
1,
1996,
the Illinois EPA conducted an inspection
of the Facility.
The Facility was operating although its permit had
expired and Respondent had failed to submit its reapplication.
A
representative of Respondent was told at this time to cease
accepting waste until
it obtained a new permit.
On October 30,
1996,
the Illinois EPA conducted a second inspection of the Facility
and discovered that Respondent was still accepting landscape waste.
On December 20,
1996,
the Illinois EPA issued Permit No.
1996-338-
REN to Respondent for composting operations at the Facility.
On
April
8,
1997,
the Illinois EPA conducted a third inspection of the
Facility.
At this time,
Respondent was operating the Facility in
violation of conditions of its operating permit as follows:
failure
to post a sign with a contact person for complaints;
failure to
monitor on a weekly interval the oxygen level of each windrow of
composting material; failure to monitor on a bi-weekly basis the
moisture level
of each windrow of composting material; failure to
provide proper documentation of personnel training;
and failure to
test compost derived from landscape waste for the parameters
set
forth in 35
Ill.
Adm. Code 830.503(a)-(f).
V.
VIOLATIONS
This Stipulation
is intended to resolve the allegations in the
People’s Complaint filed in this matter.
The Complaint alleges
violations
of the Act,
415 ILCS
s/i
et seq.
(1996),
and the Board
Waste Disposal Regulations,
35
Ill. Adm.
Code Subtitle G,
as
follows:
3
COUNT
I
-
OPERATING A COMPOSTING FACILITY WITHOUT A
PERMIT:
violation of 415 ILCS 5/21(d) (1)
(1996);
COUNT
II
-
TREATMENT
OF
LJ½1’~DSCAPE
WASTE
WITHOUT
A
PEP.MIT:
violation of 415 ILCS 5/21(e)
(1996);
COUNT
III
-
VIOLATION OF SPECIAL PERMIT CONDITIONS:
violation of 415 ILCS 21(d) (2)
(1996),
35 Ill.
Adm.
Code
830.202(i) (4),
830.205(m) (1) (B) and
(C),
830.210(a)
and 830.504(a)
and
(d),
and
Special Conditions 10(d),
16,
17,
33 and 37.
VI.
NATURE OF RESPONDENT’S OPERATION AND EOUIPMENT
Respondent is in the business of receiving and treating
landscape waste.
VII.
EXPLANATION
OF
PAST
FAILURES
TO
COMPLY
As to the alleged violations set forth in Counts
I and II,
Respondent states that due to change in management at the Facility,
it did not become aware that the applicable permit was about to
expire until mid-September,
1996.
Respondent immediately contacted
the permitting section of the Illinois EPA and advised them of the
situation.
Respondent also disclosed its need to continue receipt
of leaves and woody materials so that Respondent would have a carbon
source to prevent environmental problems associated with the
composting of grass.
Respondent forwarded an application for a new
permit to the Illinois EPA on October 10,
with receipt occurring on
October 11,
1996.
Respondent maintained contact with the Illinois
EPA until November 22,
1996,
when a violation notice letter was
received, and thereafter.
On that date,
Respondent ceased active
operations at the Facility but continued to receive deliveries of
leaves and woody materials until December 1 so that
it would have an
4
adequate source of carbon.
In December,
i996,
Respondent’s new
permit was issued.
Regarding the violations alleged in Count
III, Respondent
states that
it did initially fail to comply with the conditions
of
its operating permit set forth in Section IV of this Stipulation.
However,
once advised of these issues in April,
1997, Respondent
diligently responded and came into compliance.
VIII.
FuTURE PLANS OF COMPLIANCE
Respondent
shall conform with all requirements of the Act and
any and all of the Board Regulations,
35
Ill. Adm.
Code Subtitles A
through
H.
IX.
IMPACT
ON
THE
PUBLIC
RESULTING
FROM
ALLEGED
NON- COMPLIANCE
Section 33(c)
of the Act,
415 ILCS 5/33 (c) (1996)
,
provides as
follows:
In making its orders and determinations,
the Board shall
take
into consideration all the facts and circumstances
bearing upon the reasonableness of the emissions,
discharges,
or deposits involved including,
but not
limited to:
1.
the character and degree of injury to,
or
interference with the protection of the health,
general welfare and physical property of the people;
2.
the social and economic value of the pollution
source;
3.
the suitability or unsuitability of the pollution
source to the area in which it
is located, including
the question of priority of location in the area
involved;
4.
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions,
discharges or deposits resulting from
such pollution source; and
5.
any subsequent compliance.
5
In response to these factors the parties state as
follows:
1.
The impact to the public regarding Respondent’s
noncompliance was that the Illinois EPA and the public were not
privy to information that
is important to the control of pollution
in the State of Illinois.
2.
The parties agree that Respondent’s operation is of
social and economic benefit.
3.
The parties agree that Respondent’s business is suitable
to the area in which it is conducted.
4.
Compliance with the requirements of the Act and the Board
regulations is both technically practicable and economically
reasonable.
5.
With respect to the violations as alleged in the
Complaint filed herein, Respondent has come
into compliance with the
Act and the Board regulations.
X.
CONSIDERATION
OF
SECTION
42(h)
FACTORS
Section 42(h)
of the Act,
415 ILCS 5/42(h)
(1996), provides as
follows:
In determining the appropriate civil penalty to be
imposed under subdivisions
(a),
(b) (1),
(b) (2)
or
(b) (3)
of this
Section, the Board is authorized to consider any
matters of record in mitigation or aggravation of
penalty,
including but not limited to the following
factors:
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part
of the violator in attempting to comply with
requirements of this Act and regulations thereunder
or to secure relief therefrom as provided by this
Act;
3.
any economic benefits accrued by the violator
because of delay in compliance with requirements;
6
4.
the amount of monetary penalty which will
serve to
deter further violations by the violator and to
otherwise aid in enhancing voluntary compliance with
this act by the violator and other persons similarly
subject to the Act; and
5.
the number, proximity in time,
and gravity of
previously adjudicated violations of this Act by the
violator.
In response to these factors the parties state as follows:
1.
The violations,
as set forth in the People’s Complaint,
occurred from at least October
1,
1996 and continued until at
least
April
8,
1997.
2.
Respondent exhibited due diligence in attempting
to
comply with the requirements of the Act and the Board Waste Disposal
Regulations.
3.
The Respondent accrued an economic benefit by failing to
comply with the Act and the Board Waste Disposal Regulations.
4.
A civil penalty of Five Thousand Dollars
($5,000.00) will
serve to deter any future violations of the Act and the Board
regulations,
and will enhance voluntary compliance with the law.
5.
Complainant’s records do not reflect previously
adjudicated violations of the Act by Respondent.
XI.
TERMS OF SETTLEMENT
1.
Respondent admits to the violations alleged by the
Complainant herein.
2.
Respondent
shall pay a civil penalty of Five Thousand
Dollars
($5,000.00)
into the Illinois Environmental Protection Trust
Fund within thirty
(30)
days from the date the Board adopts
a final
opinion and order approving this Stipulation and Proposal for
Settlement.
Payment shall be made by certified check or money
7
order, payable to the Treasurer of the State of Illinois,
designated
to the Illinois Environmental Protection Trust Fund,
and shall be
sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
A copy of the check shall be sent
to:
Alyssa Fron Newcomb
Assistant Attorney General
Environmental Bureau
100 West Randolph Street,
11th Floor
Chicago,
Illinois 60601
Respondent’s Federal Employee Identification Number (“FEIN”)is
31-1414921 and shall appear on the face of the certified check or
money order.
3.
For the purposes of collection, Respondent may be reached
at the following address:
The Scotts Company
ATTN:
G.
Robert Lucas, Gen’l Counsel
l4iil Scottslawn Road
Marysville,
Ohio 43041
4.
Pursuant to Section 42(g)
of the Act,
415 ILCS
5/42(g)
(1996)
,
interest shall accrue on any amount not paid,
within the
time prescribed herein,
at the maximum rate allowable under Section
1003(a)
of the Illinois Income Tax Act,
35 ILCS
5/1003(a)
(1996).
a.
Interest on unpaid amounts shall begin to accrue
from the date the penalty payment
is due and continue to accrue to
the date payment is
received.
b.
Where partial payment
is made on any payment amount
that
is due,
such partial payment
shall be first applied to any
interest on unpaid amounts then owing.
8
c.
All interest on amounts owed the Complainant,
shall
be paid by certified check payable to the Treasurer of the State of
Illinois for deposit in the Environmental Protection Trust Fund and
delivered in the same manner as described in Section XI.2.
herein.
5.
Respondent shall at all times comply with the solid waste
rules and regulations as set forth in Section 21 of the Act,
415
ILCS 5/21 et
seq.
(1996),
and Subtitle G of
35 Ill. Adm.
Code.
6.
Respondent shall at all times comply with the terms and
conditions of Permit No.
1996-338-REN.
7.
Respondent shall cease and desist from further violations
of the Act and the regulations promulgated thereunder.
XII.
COMPLIANCE
WITH
OTHER
LAWS
AND
REGULATIONS
This Stipulation and Proposal for Settlement in no way affects
Respondent’s responsibility to comply with any federal,
state or
local
laws and regulations, including but not limited to,
the Act,
415 ILCS
5/21
(1996),
and the Board Regulations,
35 Ill.
Adm.
Code
Subtitle A through
H.
XIII.
RIGHT OF ENTRY
In addition to any authority at
law,
the Illinois EPA,
its
employees and representatives, and the Illinois Attorney General,
his agents and representatives,
shall have the right of entry to
Respondent’s place of business at all reasonable times,
for the
purpose of conducting inspections of Respondent’s operation.
The
Illinois EPA,
its employees and representatives,
and the Attorney
General, his agents and representatives,
may take any photographs or
samples they deem necessary in order to conduct their inspection.
9
XIV.
RELEASE
FROM
LIABILITY
In consideration of Respondent’s payment of
a Five Thousand
Dollar
($5,000.00) civil penalty,
commitment to comply with the Act
and the regulations promulgated thereunder, and commitment to
refrain from further violations of the Act, and the regulations
promulgated thereunder,
the Complainant releases, waives and
discharges Respondent and its officers,
directors,
employees,
agents,
successors and assigns from any further liability or
penalties from the violations of the Act and Board regulations which
were the subject matter of the Complaint herein, upon receipt by
Complainant of all payments required by Section XI.
However,
nothing in this Stipulation and Proposal for Settlement shall be
construed as a waiver by Complainant of the right to redress future
violations or obtain penalties with respect
thereto.
10
WHEREFORE,
Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
AGREED:
FOR THE COMPLAINANT:
FOR THE
RESPONDENT:
PEOPLE OF THE STATE OF ILLINOIS
THE SCOTTS
COMPANY
JAMESE.
RYAN
~.
~
Attorney General
By:
~
1 ~
~,
State of Illinois
G.
ROBERT
LuCAS
MATTHEW
J.
DUNN,
Chief
Senior
Vice
President,
Environmental
Enforcement/Asbestos
General
Counsel
and
Secretary
Litigation Division
Dated:
,2~,i7~qg
By:
___________
WILL’IAM
D.
SEITH,
Chief
Environmental Bureau
Assistant Attorney General
Dated:
__________________
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
__________
J
SEP
E.
SVOBODA
eneral Counsel
Division of Legal Counsel
Dated:
//-
2Q’—QY
c:\scotts\stip.fnl
11
CERTIFICATE OF SERVICE
I, Alyssa Fron Newcomb,
an Assistant Attorney General
in this
case,
do certify that on the 15th day of January,
I caused to be
served, by certified mail,
the foregoing Complaint,
Stipulation and
Proposal for Settlement,
Motion to Request Relief From the Hearing
Requirement and Notice of Filing upon the person(s)
listed on said
Notice of Filing by depositing same in the U.S.
Mail depository
located at
100 W.
Randolph Street,
Chicago,
Illinois in an envelope
with sufficient postage prepaid return receipt requested.
AL
SA FRON NEWCOMB
3
