ILLINOIS POLLUTION CONTROL BOARD

May 15, 2003

 

PEOPLE OF THE STATE OF ILLINOIS, )

 

  

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

  

)

v. ) PCB 02-77

) (Enforcement-Land)

MILLENIUM RECYCLING & SOLID WASTE )

CONSULTANTS, Inc., an Illinois corporation, )

SHERRI CLEMENTI, individually and as )

President of MILLENIUM RECYCLING & )

SOLID WASTE CONSULTANTS, Inc., and )

MICHAEL LORENCE individually, )

 

  

  

  

  

  

  

)

Respondents. )

 

ORDER OF THE BOARD (by M.E. Tristano):

 

This matter is before the Board on a motion for leave to file an amended complaint filed

April 10, 2003, by the People of the State of Illinois (complainant). There has been no response

to this motion.

 

On December 12, 2001, the complainant filed a four-count complaint against Millenium

Recycling & Solid Waste Consultants, Inc. The four counts included open dumping, conducting

a waste disposal operation without a permit, disposal of waste at an unpermitted facility, and

causing or allowing litter. All the alleged violations arose from respondent’s facility at 31 W

620 Spaulding Road, Elgin, Cook County.

 

The amended complaint, attached to the motion for leave, adds Sherri Clementi and

Michael Lorence as respondents. According to the amended complaint, Sherri Clementi is the

President and Registered Agent for Millenium Recycling & Solid Waste Consultants, Inc. The

People allege that she had decision-making authority and communicated directly with the Illinois

Environmental Protection Agency (Agency) regarding the environmental issues alleged in the

complaint. The amended complaint further alleges that Michael Lorence is the Operations

Manager responsible for the day-to-day operations of Millenium and was present for an Agency

open dump inspection.

 

The Board grants the motion for leave to file the amended complaint. Under the

Board’s procedural rules, time periods within which Sherri Clementi and Michael Lorence may

file any answer or responsive motion will begin to run from their respective receipt of this order.

 

On January 23, 2003, the Board granted Millenium’s counsel leave to withdraw and

ordered Millenium to retain an attorney who must file an appearance on or before February 24,

2003. To date, Millenium has not retained new counsel. In an April 28, 2003 amended hearing

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officer order, this matter was referred to the Board for appropriate sanctions, if any. The Board

today reserves ruling on this matter to a later date.

 

IT IS SO ORDERED.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on May 15, 2003, by a vote of 7-0.

 

 

  

  

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board