RECEiVED
C~
FRM’g
OFFICE
BEFORE THE
BOARD
JUN
16
~3
PEOPLE OF THE STATE OF ILLINOIS,
STATE
OF ILLINOIS
Po//utj~~
Control Board
Complainant,
vs.
)
PCBNo.03-191
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois corporation, and
)
the CITY OF
MORRIS, an Illinois
)
municipal corporation,
)
)
Respondents.
)
NOTICE OF FILING
TO:
Mr.
Christopher
Grant,
Assistant
Attorney
General,
Environmental
Bureau,
188
W.
Randolph Street, 20th Floor, Chicago, Il
60601
PLEASE
TAKE
NOTICE
that on June
j~,
2003,
the undersigned filed an original and
nine copies ofRESPONDENT
COMMUNITY LANDFILL CO.’S ANSWER TO COMPLAINT
with Ms.
Dorothy Gunn, Clerk ofthe Illinois Pollution Control Board,
100 W. Randolph Street,
Suite 11-500, Chicago, Illinois
60601, a copy ofwhich is attached and hereby served upon you.
One ofthe Attorneys for Communi~~i~Tho.
Mark A. LaRose
Clarissa C.
Grayson
LaRose & Bosco,
Ltd.
AttorneyNo. 37346
734 N. Wells Street
Chicago,IL
60610
(312) 642-4414
Fax (312) 642-0434
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
)
)
)
)
O
CLERK’S OF~1CE
JUN
16
z003
BEFORE THE
BOARD
STATE OF
ILL1N O.S
ii
~
Control
Board
PEOPLE
OF THE STATE OF ILLINOIS,
)
rOuu.
)
Complainant,
vs.
)
PCBNo.03-191
)
(Enforcement)
COMMLJMTY LANDFILL COMPANY,
)
INC., an Illinois corporation, and
)
the CITY OF MORRIS,
an Illinois
)
municipal corporation,
)
)
Respondents.
)
RESPONDENT
COMMUNITY LANDFILL COMPANY’S
ANSWER TO
COMPLAINT
Respondent, Community Landfill Company,
Inc., by its
attorneys, LaRose & Bosco, Ltd.,
hereby answers
Complainant’s Complaint and in support hereofstates as follows:
COUNT I
FAILURE TO PROVIDE ADEQUATE
FINANCIAL ASSURANCE
1.
This complaint is brought by LISA MADIGAN, AttorneyGeneral ofthe State ofillinois,
on her own motion and at the request ofthe Illinois Environmental
Protection Agency (“Illinois
EPA”) pursuant to Section 31 ofthe Environmental Protection Act, (“Act”), 415 ILCS 5/31
(2002).
ANSWER:
Respondent
Community
Landfill
Co.
is
without
knowledge
as
to
this
complaint being brought by LISA MADIGAN, AttorneyGeneral ofthe
State ofillinois, on her own
motion
and
at the request of the Illinois
Environmental
Protection Agency. Further
answering,
Respondent Community Landfill Co.
denies any liability under Section
31 ofthe Act.
2.
The illinois EPA is an administrative agency ofthe State of Illinois, created pursuant to
Section 4 ofthe Act, 415 ILCS 5/4 (2002), and is charged inter alia, with the duty of enforcing the
Act.
)
)
1
ANSWER:
Respondent
Community Landfill Co.
admits
the
allegations contained in
paragraph 2.
3.
Respondent
CITY
OF
MORRIS
(“City”),
is
an
Illinois
municipal
corporation,
organized and operating according to the laws ofthe State ofillinois, and located in Grundy County,
Illinois.
The City is the owner ofthe Morris Community Landfill, a special waste and municipal
solid waste landfill located at 1501 Ashley Road, Morris, Grundy County, Illinois.
ANSWER:
Respondent
Community Landfill
Co.
admits
the
allegations contained in
paragraph 3.
4.
The Morris Community Landfill is approximately 119 acres in area, and is divided
into
two
parcels,
designated parcel
“A”,
consisting,of approximately
55
acres, and parcel
“B”,
consisting ofapproximately 64
acres.
ANSWER:
Respondent
Community Landfill
Co.
admits
the
allegations contained in
paragraph 4.
5.
Respondent COMMUNITY
LANDFILL
COMPANY,
INC.
(“CLC”)
is
an
Illinois
corporation, duly authorized to transact business in the State ofillinois.
CLC
is the operator ofthe
Morris Community Landfill, and manages day-to-dayoperations ofboth parcels at that site.
ANSWER:
Respondent
Community Landfill
Co.
admits
the
allegations contained in
paragraph
5.
6.
From at least June 1, 2000 until thetime offiling this Complaint, Respondents have
arranged for and supervised the deposit ofwaste, including
municipal solid waste,
garbage, and
special waste, into waste cells at the Morris Community Landfill.
2
ANSWER:
Respondent
Community Landfill
Co.
denies
the
allegations contained in
paragraph 6.
7.
As
owners and operators
of the Morris Community
Landfill,
the City and
CLC
are
required by Section 21.1(d) ofthe Act, 415 ILCS 5/21.1(d) (2002), to applyfor and obtain landfill
permits, including operating, significant modification, and other municipal solid waste permits, from
Illinois EPA.
ANSWER:
Respondent Community Landfill Co. makes no answer to paragraph
7 as it
states a legal conclusion.
8.
On August
4,
2000,
Respondents
were
issued
Significant
Modification Permit
Numbers 2000-155-LFM, covering Parcel A, and 2000-156-LFM, covering Parcel B.
On June29,
2001,
the Respondents were issued Permit Modification No. 2
for parcels A
& B.
On January 8,
2002, the Respondents were issued Permit ModificationNo. 3 for Parcel A.
ANSWER:
Respondent
Community
Landfill
Co.
admits
the allegations contained in
paragraph 8.
9.
From at least June 1, 2000 until the time offiling this Complaint, Respondents have
conducted disposal operations on parcels “A” and “B” ofthe Morris Community Landfill.
During
this period, the sole assurance ofclosure and post closure costs provided by Respondents to Illinois
•EPA has been three separate performancebonds underwritten by the Frontier Insurance Company.
ANSWER:
Respondent
Community
Landfill
Co.
denies
the allegations contained
in
paragraph 9.
3
10.
On June 1, 2000, the United States Treasury Departmentremoved Frontier Insurance
Company
from
the
compilation
of acceptable
surety
companies
listed
in
the
United
States
Department ofTreasury publication “Circular 570”.
ANSWER:
Respondent
Community Landfill
Co.
admits
the
allegations contained in
paragraph
10.
11.
At no time from June 1, 2000 until the filing ofthis complaint, has Frontier Insurance
Companybeen added back to the “Circular 570” list ofacceptable surety companies.
ANSWER:
RespondentCommunity Landfill Co. is withoutsufficient knowledge to admit
or deny the allegations contained in paragraph
11.
12.
Section
21 ofthe Act, 415 ILCS 5/21
(2002) provides, in pertinentpart, as follows:
No person Shall:
*
*
*
(d)
Conduct any waste-storage, waste-treatment orwaste-disposal operation:
*
*
*
(2)
in
violation of any
regulations
or standards
adopted by the Board
under this Act....
*
*
*
ANSWER:
Respondent Community Landfill Co. makes no answer to paragraph 12 as it
states
a
legal
conclusion.
To
the
exterit
that
this
paragraph
requires
an
answer,
Respondent
Community Landfill Co. denies any liability under Section 21 ofthe Act.
13.
Pursuant
to
authority
granted
by the
Act,
the Illinois
Pollution
Control Board has
promulgated regulations requiring and regulating closure and post-closure financial assurance for
4
municipal solid waste landfills.
These regulations are codified at
35 Ill.
Adm.
Code,
Subtitle G,
Subchapter I, Subpart G (“Board Financial Assurance Regulations”).
ANSWER:
Respondent
Community Landfill
Co.
admits
the
allegations contained
in
paragraph 13.
14.
Section 811.700 ofthe Board Financial Assurance Regulations,
35 ill. Adm.
Code
811.700, provides, in pertinent part, as follows:
*
*
*
(f)
On or after April
9,
1997, no person, otherthan the
State ofIllinois,
its
agencies
and
institutions,
shall conduct
any
disposal
operations
at
an
MSWLF unit
that
requires a permit under subsection (d) ofsection 21.1 ofthe Act, unless that person
complies with the financial assurance requirements ofthis Part.
ANSWER:
Respondent Community Landfill Co.
makes no answerto
paragraph 14
as it
states
a
legal
conclusion.
To
the
extent
that
this
paragraph
requires
an
answer,
Respondent
Community Landfill Co. denies any liability under Section 811.700.
15.
Section 811.712 ofthe ofthe Board Financial Assurance regulations,
35
111. Adm. Code
811.712, provides, in pertinent part, as follows:
*
*
*
(b)
the surety company issuing theBond shallbe
licencedto transact the business
ofinsurance by the Department ofInsurance, pursuant to the Illinois Insurance Code 215
ILCS
5J,
or at a
minimum the insurer must be licensed to transact the business ofinsurance
or approved
to
provide insurance, as
an
excess ‘or surplus lines
insurer, by the Insurance
Department ofone or more states,’and approved by the U.S. Department ofthe Treasury as
an acceptable surety.
Section
21.1(a.5)
of the Act,
415
ILCS 5/21.1(a.5).
BOARD
NOTE:
The
U.S.
Department of the
Treasury
lists
acceptable
sureties in its Circular 570.
5
ANSWER:
Respondent Community Landfill Co. makes no answer to paragraph 15 as it
states
a
legal
conclusion.
To
the
extent
that
this
paragraph
requires
an
answer,
Respondent
Community Landfill Co. denies any liability under Section
811.712.
16.
Section 3.26 ofthe Act, 415 ILCS 5/3.26 (2002), provides the following definition:
“PERSON”
is
an
individual,
partnership,
co-partnership,
firm,
company, limited
liability company, corporation,
association, joint
stock company, trust, political subdivision, state agency, or any other
legal entity, or their legal representative, agent or assigns.
ANSWER:
Respondent Community Landfill Co. admits
that Section 3.26 provides the
above-referenced definition of “person.”
17.
Respondent CLC, an illinois corporation, and Respondent City ofMorris, a political
subdivision, are “persons”
as that termis defined Section 3.26 ofthe Act, 415 ILCS 5/3.26 (2002).
ANSWER:
Respondent
Community Landfill
Co.
admits
the allegations contained in
paragraph
17.
18.
Section 3.85 ofthe Act, 415 ILCS 5/3.85 (2002), provides, as follows:
“Municipal Solid Waste Landfill Unit” or MSWLF unit” means a contiguous area of
landor an excavationthat receives household waste, and that
is not a land application
unit,
surface
impoundment,
injection
well,
or
any
pile
of
noncontainerized
accumulations ofsolid, nonflowing waste that is
used for treatment or storage.
A
MSWLF
unit may also
receive other types of RCRA Subtitle D wastes,
such as
commercial solid waste, nonhazardous sludge, small quantity generator waste and
industrial
solid
waste.
Such
a landfill
may be
publicly or privately owned.
A
MSWLF unit may be
a
new MSWLF unit, an
existing MSWLF unit,
or a lateral
expansion.
A sanitary landfill is subject to regulation as a MSWLF unit if it receives
household waste.
•
ANSWER:
Respondent Community Landfill Co.
admits that Section
3.85 provides the
above-referenced definition of“Municipal Solid Waste Landfill Unit.”
6
19.
Parcels “A” and “B” ofThe Morris Community Landfill are “Municipal Solid Waste
Landfill unitsJ”,
and “MSWLF units”
as those terms are defined in Section 3.85 ofthe Act, 415
ILCS 5/3.85 (2002).
ANSWER:
Respondent
Community Landfill
Co.
admits
the allegations contained
in
paragraph 19.
20.
Section 3.53 ofthe Act, 415
ILCS 5/3.53
(2002), provides, in pertinent part, as follows:
“WASTE” means any garbage...or any 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....
ANSWER:
Respondent
Community Landfill Co.
admits
that
Section
3.53 ofthe Act
provides the above-referenced definition for “waste.”
21.
Section 3.08 of the Act, 415 ILCS 5/3.08 (2002), 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 orwater or into any well so that such waste orhazardous waste
or any
ANSWER:
Respondent Community Landfill
Co.
admits
that
Section 3.08
of the Act
provides the above-referenced definition for “disposal.”
L
22.
From at least June 1, 2000 until the time offiling this complaint, Respondents arranged
for and supervised the deposit ofspecial waste, municipal solid waste, garbage and other waste at
the Morris Community Landfill.
Respondents thereby conducted a “waste disposal operation” as
those terms are defined in the Act.
ANSWER:
Respondent Community Landfill Co. denies that from at least June 1, 2000
until thetime offiling this complaint; Respondents arranged for and supervised the deposit ofspecial
7
waste,
municipal
solid
waste,
garbage
and
other
waste
at
the
Morris
Community
Landfill.
Respondent Community Landfill denies the remainderofparagraph 22 as it states a legal conclusion.
23.
From
June
1,
2000
until
the
time
of filing
this
complaint,
Respondents
have
conducted disposal operations atboth parcel “A” and parcel “B” ofthe Morris Community Landfill,
with closure and post-closure financial assurance solely in the form ofthreeperformance bonds from
Frontier Insurance Company, a company not
listed in United Stated Department ofthe Treasury
“Circular
570”,
and
therefore
not
meeting
the
requirements
of
35
Ill.
Adm.
Code
811.712.
Respondents
have
thereby violated
Sections
811.700(f)
and
811.712
of the
Board
Financial
Assurance Regulations,
35 Ill. Adm. Code
811.700(f) and 811.712, and have thereby also violated
Section 21(d)(2) ofthe Act, 415 ILCS
5/21(d)(2) (2002).
ANSWER:
Respondent Conmiunity Landfill Co. makes no answer to paragraph 23
as it
states a legal
conclusion. To the extent paragraph 23 requires an answer, Respondent Community
Landfill Co. denies all liability.
WHEREFORE,
Respondent Community Landfill Co. respectfully prays that the Board rule
in favorofrespondents on all matters.
ADDITIONAL DEFENSES
1.
The complaint
is
barred by the doctrines of laches and estoppel,since the Agency
accepted the Frontierbonds and issued a significantmodification permit on August4, 2000 knowing
that Frontier had been delisted.
2.
The Frontier Insurance bonds complied with all applicable regulations at the time of
their issuance, and were accepted as such by the Agency.
8
3.
Respondent Community Landfill Co. did not act willfully, knowingly or repeatedly
such that any award of cost and attorneys fees would be inappropriate.
4.
The Board
should
consider all of the factors
set
forth in
Section 42(H)(l)-(5)
as
factors in mitigation ofany penalty that might be imposed.
Respectfully submitted,
COMMUNITY LANDFILL CO.
B~)m
Its Attorneys
Mark A. LaRose
LaRose
& Bosco, Ltd.
Attorney No. 37346
734 N. Wells Street
Chicago,IL
60610
(312) 642-4414
Fax (312) 642-0434
9
CERTIFICATE OF SERVICE
The
undersigned,
an
attorney,
on
oath
states
that
the
foregoing
RESPONDENT
COMMUNITY LANDFILL COMPANY’S
ANSWER
TO
COMPLAINT
was served to Mr.
Christopher Grant, Environmental Bureau, Assistant Attorney General,
188 West Randolph Street,
20th
Floor,
Chicago, IL
60601
by depositing in the U.S.
Mail at 734
N. Wells
Street,
Chicago,
14I.~
Illinois with proper postage prepaid this
~o
day ofJune, 2003.
~1~thi~R~
f\ ~
~~.CELVED
~
CONTROL BOARD
CLERM~SOFFICE
PEOPLE OF THE
~
JUN
1
~
2003
)
STATE
OF ILLINOIS
Complainant,
)
Pollution
Control Bcard
)
vs.
)
PCBNo.03-191
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois
corporation, and
)
the CITY OF MORRIS,
an Illinois
)
municipal corporation,
)
)
Respondents.
)
NOTICE OF FILING
TO:
Mr.
Christopher
Grant,
Assistant
Attorney
General,
Environmental
Bureau,
188
W.
Randolph Street, 20th Floor,
Chicago, Ii
60601
PLEASE
TAKE
NOTICE
that on June
2003, the undersigned filed an original and
nine copies ofan APPEARANCE with Ms. Dorothy Gunn, Clerk ofthe Illinois Pollution Control
Board, 100 W. Randolph Sfreet, Suite 11-500, Chicago, Illinois 60601, a copy ofwhich is attached
and hereby served upon you.
One ofthe Attorneys for Coi~iiünitytandfillCo.
Mark A. LaRose
Clarissa C.
Grayson
LaRose
& Bosco, Ltd.
Attorney No. 37346
734 N. Wells Street
Chicago,IL
60610
(312) 642-4414
Fax (312) 642-0434
THIS FILING IS
SUBMITTED
ON RECYCLED
PAPER.
CONTROL BOARD
Complainant,
)
vs.
)
PCBNo.03-191
)
(Enforcement)
COMMUNTTY LANDFILL COMPANY,
)
INC., an Illinois corporation,
and
)
the CITY OF MORRIS, an Illinois
)
municipal corporation,
)
)
Respondents.
)
APPEARANCE
LaRose & Bosco, Ltd. hereby enters an appearance on behalfofRespondent
COMMUNITY
LANDFILL CO.
By:__
Mark A. LaRose
Mark A. LaRose
Clarissa C.
Grayson
LaRose
& Bosco, Ltd.
AttorneyNo. 37346
734 N. Wells Street
Chicago,JL
60610
(312) 642-4414
Fax (312) 642-0434
PEOPLE OF THE STATE OF
)
CERTIFICATE OF SERVICE
The
undersigned,
an
attorney,
on
oath
states
that
the
foregoing
RESPONDENT
COMMUNITY
LANDFILL
COMPANY’S
APPEARANCE
was served
to
Mr.
Christopher
Grant, Environmental Bureau, Assistant Attorney General,
188 West Randolph Street, 20th Floor,
Chicago, IL
60601
by depositing in the U.S.
Mail at 734
N. Wells Street, Chicago, Illinois
with
proper postage prepaid this
J
/~
dayofJune, 2003.