OFFICE
OF THE AYFORNEY GENERAL
STATE OF
ILLINOIS
RECEIVED
CLERKS OFFICE
DEC
022905
STATE OF ILLINOIS
Pollution
Control Board
November 29,
2005
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
LeviA.
Kaufman
Dear Clerk Gunn:
Enclosed for filing please
find
the original
and
ten copies
of
a
Notice
of
Filing,
Entry
of
Appearance and
Complaint in regard to the above-captioned matter.
Please
file the originals and
return
file-stamped
copies
to
me in the enclosed,
self-addressed envelope.
Thank
you for your cooperation
and consideration.
DDH/pp
Enclosures
Very truly you
Delbert
D.
Haschemeyer
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
500 South Second Street,
Springfield,
Illinois
62706
•
(217)
782-1090
•
TFY:
(217) 783-2771
•
Fax:
(217)
782-7046
100 V~sr
Randolph
Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
T’FY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East Main,
Carbondale,
Illinois
62901
•
(618) 529-6400
•
‘Ffl’:
(618)
529-6403
•
Fax:
(618) 529-6416
Lisa Madigan
AF’IORNEY
GENERAl.
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
DEC
022005
PEOPLE OF THE
STATE OF
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
PCB No.
(Enforcement)
LEVI
A.
KAUFMAN,
Respondent.
NOTICE
OF FILING
To:
LEVI
A.
KAUFMAN
R.R.
1,
Box 84
Humboldt,
IL 61931
PLEASE TAKE
NOTICE that on
this date
I
mailed for filing with
the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of
which
is
attached
hereto
and
herewith
served
upon
you.
Failure
to
file an
answer to
this Complaint within
60
days
may
have
severe
consequences.
Failure
to
answer will mean that
all
allegations
in
this
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.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act,
20
ILCS 351 5/1
(2004),
to correct the pollution alleged
in
the Complaint filed
in this
case.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA
MADIGAN,
Attorney General of
the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litig
Divisi
BY:
ELBERT
.
SC
EMEY
Assistant Attorney General
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: November 29,
2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on
November 29,
2005, send
by certified
mail,
with
postage
thereon fully prepaid,
by depositing
in a
United States
Post
Office
Box a true and
correct copy
of the following instruments entitled NOTICE
OF
FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
LEVI
A.
KAUFMAN
R.R.
1,
Box 84
Humboldt,
IL
61931
and
the original and
ten copies
by
First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100
West Randolph
Chicago,
Illinois
60601
~rtD.Hachemeyer
Assistant Attorney General
This filing is submitted
on recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
022005
PEOPLE OF THE STATE OF
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control
Board
Complainant,
vs.
)
PCB
No.
(Enforcement)
LEVI A.
KAUFMAN,
Respondent.
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
DELBERT
D.
HASCHEMEYER, Assistant Attorney General of the State of Illinois, hereby enters his appearance
as attorney of
record.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
LISA MADIGAN
Attorney General
of the
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental
EnforcementlAsbestos
itigation
Division
BY:
D
RTD.
SCHEMEYER
Environmental
Bureau
Assistant Attorney General
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
November
29, 2005
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
DEC
02
2~j
COLES COUNTY,
ILLINOIS
STATE OF lLLIj~u;
PEOPLE
OF THE STATE OF ILLINOIS,
)
Pollution Control
Boaro
Complainant,
4,43
vs.
-)
PCB
No.
u
LEVI
A.
KAUFMAN,
Respondent.
COMPLAINT
The PEOPLE OF THE
STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney General of the
State of Illinois,
complains of Respondent,
LEVI
A.
KAUFMAN, as
follows:
COUNT
I
OPEN
DUMPING
OF WASTE VIOLATIONS
1.
This Complaint
is brought
on
behalf of
the
People
of
the
State
of
Illinois
by
the
Attorney General
on
her own
motion
and
at
the request
of
the Illinois
Environmental
Protection
Agency
(“Illinois
EPA”
or “Agency”),
pursuant
to
the terms
and
provisions
of Section
31
of
the
Illinois Environmental
Protection Act
(“Act”),
415
ILCS
5/31
(2004).
2.
The Illinois
EPA
is an agency of the
State of Illinois created
by the
Illinois
General
Assembly under Section 4 of the Act,
415
ILCS
5/4
(2004),
and
charged,
inter a/ia,
with
the duty
of enforcing the Act.
3.
At all times
relevant to the violations alleged
in this Complaint,
Respondent,
Levi A.
Kaufman,
owned and/or operated a
parcel of property
(the “facility”) located roughly
at the
north
intersection of Roads
1600 N and
500
E,
situated just east of the Kaskaskia River,
Coles County,
Illinois.
The facility was an existing municipal solid waste and non-hazardous special waste landfill
operated by Respondent,
Levi
A.
Kaufman,
pursuant to an Illinois EPA operating
permit
No.
1973-
30.
1
4.
The facility encompasses approximately 17 acres and was active from approximately
May of
1973
until
February,
1988.
The facility
had
a trench
and
fill
operation and was
allowed to
dispose of general
municipal waste and
other waste,
including, but not limited to,
empty herbicide
and
paint
cans, automobile
and
farm
equipment
parts,
refrigerators
and
ranges,
oil,
batteries,
insulation,
high
graphite
core
sand,
incineration
ash,
defective
camera
flash
bulbs
and
empty
barrels
labeled “acetone” and “methyl
chloride.”
5.
Section
21
of the Act, 415 ILCS
5/21
(2004), provides,
in pertinent
part, as follows:
No
person
shall:
(a)
Cause or allow the open
dumping of any
waste.
(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;
or
(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.
(o)
Conduct
a
sanitary
landfill
operation
which
is
required
to
have
a
permit under subjection (d) of this Section, in a mannerwhich results
in
any of the following
conditions:
(3)
leachate flows exiting
the landfill confines (as determined by
the boundaries established for the landfill by
a
permit issued
by the Agency);
2
(11)
failure
to
submit
reports
required
by
permits
or
Board
regulations;
6.
Section 3.305 of the Act, 415
ILCS 5/3.305
(2004),
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.
7.
Section 3.445 of the Act,
415
ILCS
5/3.445
(2004),
provides,
in
pertinent part,
as
follows:
“SANITARY
LANDFILL”
means
a facility
permitted
by
the Agency for
the
disposal of waste
on land
.
.
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 days’ operation, or
by
such
other
methods
and
intervals
as
the
Board
may
provide
by
regulation.
8.
On
June
14,
2001,
the
Illinois
EPA conducted
an inspection
of
the Respondent’s
property.
A small open dump
was observed
in
the southwest
corner
of the facility.
Between
the
open
dump and
a
roadway on or immediately adjacent to the facility was a pileof old lumber and
approximately 25 used tires and some
inner tubes.
Similar waste
was observed in this area during
a
November,
1996,
inspection.
Broken and
crushed flash
bulb waste
was observed on the top of
the ground on
the
south
side.
9.
Old lumber, tires,
inner tubes and broken or crushed flash
bulbs constitute “refuse”
and
“waste”
as
those
terms are
defined
under Sections 3.385
and
3.535
of
the
Act,
415
ILCS
5/3.385, 3.535
(2004),
as follows:
Section 3.385.
“REFUSE” means waste.
Section
3.535.
“WASTE”
means
any
garbage
...
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,
.
.
10.
On
or before June 14,2001, and continuing
to a date known to the Respondent, the
Respondent caused or allowed the open dumping of old lumber, inner-tubes and
flash bulb waste
3
on, or immediately
adjacent to,
the Kaufman
facility
in violation
of
Section
21(a)
of the Act,
415
ILCS
5/21(a)
(2004).
PRAYER FOR RELIEF
WHEREFORE,
the Complainant,
People of the
State of Illinois, respectfully requests that
this
Board
enter an order against
Respondent for
the following:
A.
Authorizing a hearing in this matter, at which time, the Respondents will be required
to answer the allegations
herein;
B.
Finding that the Respondent,
Levi A.
Kaufman,
has violated
Sections
21(a)
of the
Act,
415
ILCS 5/21(a)
(2004);
C.
Ordering the Respondent to cease and desist from further violations
of the Act and
its
regulations;
D.
Assessing
against
the Respondent
a
monetary
penalty
of
up
to
Fifty
Thousand
Dollars ($50,000.00) for each violation and
up to an additional Ten Thousand
Dollars ($10,000.00)
for each
day
that the violation has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant its
costs and
reasonable
attorney’s fees;
and
F.
Grant such other and further
relief as this
Board
deems appropriate.
COUNT
II
OPEN
DUMPING
OF TIRES
1-7.
Complainant
realleges
and
incorporates by
reference paragraphs
1
through
7 of
Count
I
as paragraphs
1
through
7
of this Count
II.
8.
Section
55(1)(a) of the Act, 415
ILCS 5/55(1)(a)
(2004), provides:
(1)
No
person
shall:
(a)
cause
or allow
the
open
dumping
of
any
used
or
waste
tires.
4
9.
Complainant realleges
and
incorporates
by
reference paragraph 8
of
Count
I
as
paragraph
9 of this Count
II.
10.
On
or before
June
14,
2001,
and
continuing
to
a
date
known
to the Respondent,
Respondent caused or allowed the open dumping of tires in violation of Section
55(1 )(a) of the Act,
415
ILCS 5/55(1)(a)
(2004).
PRAYER
FOR RELIEF
WHEREFORE,
the Complainant, People
of the State
of
Illinois, respectfully requests
that
this
Board
enter an order against
Respondent for
the following:
A.
Authorizing a hearing in this matter, at which time,
the Respondent will be required
to answer the allegations
herein;
B.
Finding that the Respondent,
Levi
A.
Kaufman, has violated
Section 55(1 )(a) of the
Act,
415
ILCS 5/55(1)(a)
(2004);
C.
Ordering
the Respondent to cease and desist from further violations of the Act and
its
regulations;
D.
Assessing
against
the
Respondent a monetary
penalty
of
up
to
Fifty Thousand
Dollars ($50,000.00)
for each violation and
up
to an addition
Ten Thousand
Dollars
($10,000.00)
for each day that the violation
has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant its costs and
reasonable
attorney’s
fees;
and
F.
Grant
such
other and
further relief as
this
Board deems
appropriate.
COUNT
III
OPERATION OF A DISPOSAL
SITE WITHOUT A PERMfl
1-8.
Complainant realleges
and
incorporates
by reference
paragraphs
1
through 8
of
Count
I
as paragraphs
1
through 8 of this Count
III.
5
9.
The disposal site described
in paragraph 8 herein located on the Kaufman property
is not currently
permitted
by the Illinois
EPA
as
a “sanitary landfill,” as that term
is defined
under
Section 3.448
of
the Act,
415
ILCS 5/3,448
(2004),
nor does
the
disposal
site
meet the sanitary
landfill
requirements of the Act and
its
regulations.
10.
On or before June
14,2001, and
continuing to a date known to the Respondent, the
Respondent conducted a waste-storage orwaste-disposal operation at the disposal sHe described
in
paragraph
8 herein
without
a permit granted
by the Illinois
EPA,
in
violation of Section
21 (d)(1)
of the
Act,
415
ILCS 5/21(d)(1)
(2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People of the State of Illinois, respectfully requests that
this
Board
enter an order against Respondent for the following:
A.
Authorizing a hearing
in this matter, at which time, the Respondent will be
required
to
answer the allegations
herein;
B.
Finding that the Respondent,
Levi A. Kaufman, has violated Section 21(d) of the Act,
415
ILCS 5/21(d)
(2004);
C.
Ordering
the Respondent to cease and desist from further violations of the Act and
its
regulations;
D.
Assessing against
the
Respondent
a monetary
penalty
of
up
to
Fifty Thousand
Dollars ($50,000.00) for each violation and
up to an additional Ten Thousand
Dollars ($10,000.00)
for each
day
that the violation has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant its
costs
and
reasonable attorney’s fees;
and
F.
Grant such
other and
further relief as
this
Board
deems appropriate.
6
COUNT IV
DISPOSAL OF WASTE AT A SITE WHICH
DOES
NOT MEET THE REQUIREMENTS OF THE ACT
1-8.
Complainant realleges
and incorporates herein by reference paragraphs
1
through
8 of Count
I
as paragraphs
1
through 8 of
this Count
IV.
9.
On
or
before
June
14,
2001,
and
continuing
through
the
date
of
filing
of
this
Complaint, Respondent has disposed of or stored
waste at a site located on the Kaufman property
as
described
in
paragraph
8
herein
which does
not
meet the
requirements
of
the Act
and
the
regulations
and
standards promulgated
thereunder,
in
violation
of Section
21(e)
of the Act,
415
ILCS 5/21(e)
(2004).
PRAYER FOR
RELIEF
WHEREFORE,
the Complainant,
People of the
State
of Illinois,
respectfully requests that
this Board
enter an
order against
Respondent
for the following:
A.
Authorizing a hearing in this matter, at which time, the Respondents will be
required
to answer the allegations
herein;
B.
Finding that the Respondent, Levi A. Kaufman, has violated Section 21(e) of the Act,
415
ILCS
5/21(e),
(2004);
C.
Ordering the Respondentto cease and desist from further violations
of the Actand
its
regulations;
D.
Assessing
against the
Respondent a
monetary
penalty
of
up
to
Fifty Thousand
Dollars ($50,000.00) for each violation and
up
to an additional Ten Thousand Dokars ($IQ000.00)
for each day that the violation has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant its
costs
and
reasonable
attorney’s fees;
and
F.
Grant such other and further
relief as
this
Board
deems appropriate.
7
COUNT V
LEACHATE VIOLATIONS
1-7.
Complainant realleges and
incorporates
by
reference
paragraphs
1
through
7
of
Count
I as
paragraphs
1
through 7 of
this Count V.
8.
Section
807.314
of
the
Pollution
Control
Board’s
(“Board”)
Waste
Disposal
Regulations,
35
III.
Adm.
Code 807.314,
provides,
in relevant
part:
Section 807.314
Standard Requirements
Except as otherwise authorized
in writing by the Agency,
no person
shall
cause
or allow
the
development or
operation
of
a
sanitary
landfill which does
not provide:
(e)
Adequate
measures
to
monitor and
control
leachate;
9.
Section
807.502
of
the Board’s Waste
Disposal
Regulations,
35
III.
Adm.
Code
807.502,
provides:
Section
807.502
Closure
Performance Standard
In
addition
to the specific requirements
of this Part,
an operator of a
waste
management site shall close the
site
in a
manner which:
(a)
Minimizes the need for
further maintenance;
and
(b)
Controls,
minimizes or
eliminates
post-closure
release
of
waste, waste constituents, leachate, contaminated rainfall, or
waste decomposition products to the groundwater orsurface
waters
or
to
the
atmosphere
to
the
extent
necessary
to
prevent threats to
human
health or the environment.
10.
Commencing on
or before June
14,
2001,
and
continuing
to
some date
known
to
the Respondent, Respondent allowed leachate to seep from the facility on the east side
in violation
of
Section
807.314 and
807.502 of
the
Board’s Waste
Disposal
Regulations,
35
Ill.
Adm.
Code
807.314 and
807.502,
and Section
21(o)(3) of the Act, 415
ILCS 5/21(o)(3)
(2004).
8
PRAYER FOR RELIEF
WHEREFORE,
the Complainant,
People of the
State of Illinois, respectfully requests
that
this
Board
enter an order against Respondent for the following:
A.
Authorizing
a hearing in this matter, at which time, the Respondents will be
required
to answer the allegations
herein;
B.
Finding that the Respondent,
Levi A.
Kaufman,
has violated
Sections 807.314 and
807.502 of the Board’s Waste Disposal Regulations,
35 Ill. Adm.
Code 807.314 and 807.502,
and
Section 21(o)(3) of the Act,
415 ILCS
5/21(o)(3)
(2004);
C.
Ordering
the Respondent to cease
and desist from further violations of the Act and
its
regulations;
D.
Assessing
against
the
Respondent a monetary
penalty
of
up
to
Fifty Thousand
Dollars ($50,000.00) for each violation and up to
an additional Ten Thousand
Dollars ($10,000.00)
for each
day that the violation
has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant
its
costs
and reasonable attorney’s
fees;
and
F.
Grant
such other and further
relief as
this
Board
deems appropriate.
COUNT VI
CLOSURE VIOLATIONS
1-4.
Complainant realleges and incorporates herein by reference paragraphs
1
through
4 of Count
I as paragraphs
1
through
4 of this Count VI.
5.
Section
21 (o)(1
1) of the Act, 415
ILCS
5/21 (o)(1 1)
(2004), provides:
No
person shall:
o.
conduct
a
sanitary
landfill
operation
which
is
required
to
have
a
permit
under
subsection
(d)
of
this
Section,
in
a
manner
which
results
in
any of the following
conditions:
9
(11)
failure
to
submit
reports
required
by
permits
or
Board
regulations;
6.
Section
22.17 of the Act, 415
ILCS 5/22.17
(2004),
provides
in relevant part:
Section 22.17.
Landfill
post-closure care.
a.
The owner and
operator of a
sanitary
landfill
site that
is
not
a site
subject to subsection (a.5) or (a. 10) of this Section shall monitor gas,
water and settling at the completed site for a period of 15 years after
the site
is completed
or closed,
or
such
longer
period
as
may
be
required by Board
or federal regulation.
a.5
The owner and
operator of a
MSWLF
unit
that accepts
household
waste
after October 8,
1993,
shall conduct post-closure care at the
site for a period of 30 years
after the site is
completed or closed,
or
such
other
period
as
may
be
approved
by the Agency
pursuant
to
Board
or federal rules.
a.10
The owner and
operator of a
MSWLF
unit
that
accepts
household
waste on or after October 9,
1991,
but stops receiving waste before
October
9,
1993,
and
installs
final
cover
more
than 6
months
after
the receipt
of
the
final
volume
of waste
shall conduct
post-closure
care at the site for a period of 30 years after the site is completed or
closed,
or such
other
period
as
may be
approved
by
the Agency
pursuant to
Board
or federal rules.
b.
The owner
and
operator of
a
sanitary
landfill
that
is
not
a facility
subject
to
subsection
(a.5)
or
(a.10)
of
this
Section
shall
take
whatever remedial
action
is necessary to
abate
any
gas, water
or
settling
problems which appear during such period of time specified
in
subsection
(a).
The owner
and
operator of
a
MSWLF
unit
that
accepts household waste after October 8, 1993, shall take whatever
remedial action is required under Section 22.40 and 22.41
of this Act
during
the period of
time specified
in
subsection (aS) or (a.10).
10
7.
Commencing on or before June 14,2001, and continuing thereafter to a date known
to
the Respondent,
Respondent caused
or allowed the
site
to
have
areas
of poor drainage
and
areas
of settlement,
all
in
violation of Section 22.17(b) of the Act, 415 ILCS
5/22.17(b) (2004).
8.
Section 807.305(c)
of the Board’s Waste
Disposal
Regulations,
35
III.
Adm.
Code
807.30S(c),
provides:
Section 807.305
Cover
Unless
otherwise
specifically
provided
by
permit,
the
following
cover
requirements
shall be followed:
(c)
Final
Cover
-
a compacted layer of not less than two feet of suitable
material shall be
placed over the entire surface of each
portion of the
final
lift
not later than
60
days following
the placement
of refuse
in
the final
lift,
unless a different schedule
has
been authorized
in the
Operating Permit.
9.
Section
807.508
of
the
Board’s Waste
Disposal
Regulations,
35
III.
Adm.
Code
807.508,
provides:
Section
807.508 Certification
of Closure
(a)
When
closure
is completed, the operator of a
waste
management
site
shall submit to
the Agency:
(1)
Plan
sheets for
the closed
site;
and
(2)
An affidavit by the operator and
by a professional engineer
that the site has
been closed
in accordance with the closure
plan.
(b)
If the Agency finds
that the site has been closed
in accordance with
the specifications of the closure
plan, and the closure
requirements
of this
Part,
the Agency shall:
(1)
Issue a
certificate of closure for
the
site;
(2)
Notifythe operator in writing that any applicable post-closure
period has
begun;
and
(3)
Provide the date the post-closure
care
period
begins.
11
10.
Section
807.523
of
the
Board’s Waste
Disposal
Regulations,
35
III.
Adm.
Code
807.523,
provides,
in
relevant part:
Section 807.523
Post-Closure
Care
Plan
(a)
An operator of a disposal site shall
have a written
post-closure care
plan which shall
be
a condition
of the site permit.
(b)
The post-closure care plan shall include as
a minimum a description
of
methods
for compliance
with
all
post-closure
care
requirements
of this
Part.
11.
Section
807.601
of
the
Board’s
Waste
Disposal
Regulations,
35
Ill.
Adm.
Code
807.601, provides:
Section
807.601
Requirement to
Obtain Financial Assurance
No
person shall conduct
a waste
disposal
operation
or indefinite
storage
operation
which
requires
a
permit
under Section
21(d)
of
the Act
unless
such
person
has
provided
financial
assurance
in
accordance
with
this
Subpart.
(a)
The financial assurance requirement does not apply to the State
of
Illinois,
its
agencies
and
institutions,
or
to
any
unit
of
local
government: provided, however, that any other persons who conduct
such
a waste
disposal
operation
on
a
site which
may
be
owned
or
operated
by
such
a
government
entity
must
provide
financial
assurance
for closure and
post-closure
care of the site.
(b)
Financial assurance is
required of all
sites which,
on or after March
1,
1985,
accept waste for
disposal or for indefinite
storage.
12.
The site
stopped
receiving
waste
in
the fall
of
1998.
Respondent submitted
a
certificate
of closure
to
the Agency
in
1998.
The closure
and post-closure
plan
application was
denied
in March,
1999, for incompleteness in the areas of groundwater monitoring, geology testing,
and
landfill gas.
13.
Commencing on
some date
prior to June
14,
2001,
and
continuing to the present,
Respondent
has
possessed
and
controlled
a
closed
landfill,
the
site,
without
submitting
an
adequate
closure
plan,
in violation of Section
807.508
and
807.523
of the Board’s
Regulations,
12
35
III.
Adm.
Code 807.508
and
807.523,
and
Section
21
(°)O
1)
of the Act, 415
ILCS
5/21 (o)(1 1)
(2004).
14.
Commencing on
some
date prior to June
14,
2001,
and
continuing
to the present,
Respondent has
possessed
and
controlled
a closed
landfill,
the
site, without
providing adequate
financial assurance,
in violation of
Section 807.601
of the Board’s
Regulations, 35
III.
Adm.
Code
807.601,
and
Section
21 (o)(1 1) of the Act, 415
ILCS 5/21 (o)(1 1)
(2004).
PRAYER FOR RELIEF
WHEREFORE,
the Complainant,
People of the
State of Illinois,
respectfully requests
that
this
Board
enter an
order against
Respondent for the following:
A.
Authorizing
a hearing
in this
matter, at which time, the Respondents will be required
to answer the allegations
herein;
B.
Finding
that the Respondent,
Levi
A.
Kaufman,
has
violated
Sections
807.305(c),
807.314, 807.502, 807.508, 807.523 and
807.601
of the Board’s Waste Disposal
Regulations,
35
Ill.
Adm.
Code
807.305(c),
807.314,
807.502,
807.508,
807.523
and
807.601,
and
Sections
21 (o)(1 1) and
22.17 of the Act, 415
ILCS
5/21 (o)(1 1) and
5/22.17
(2004);
C.
Ordering the Respondent to cease and desist from any further violations of the Act
and
its regulations;
D.
Assessing
against
the
Respondent
a
monetary
penalty
of
up
to
Fifty Thousand
Dollars ($50,000.00) for each violation and up to an additional Ten Thousand DolLars
($1QfQOO.00)
for each day that the violation has
continued;
E.
Pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2004),
award
the
Complainant
its costs
and
reasonable
attorney’s fees; and
13
F.
Grant such other and
further
relief as
this
Board
deems
appropriate.
Respectfully submitted,
PEOPLE OF THE
STATE
OF
ILLINOIS
LISA MADIGAN,
Attorney General of the
State
of
Illinois,
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigatioa Division
BY:__________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
Of Counsel
DELBERT
D.
HASCHEMEYER
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
///L9
/0
y
14
