~ECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
DEC
30 ~OO3
EDEOPLE OF THE STATE OF ILLINOIS,
)
SiAm
OF ILLINOIS
by
LISA
MAJJIGAN,
Attorney
Pollution
Control Board
General
of
the
State
of
Illinois,
Complainant,
vs.
)
PCB
No.
97-193
(Enforcement)
COMMUNITY
LANDFILL
COMPANY,
INC.,
an Illinois corporation.
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that
I have today, December 30,
2003,
filed with the, Clerk of the Illinois Pollution Control Board,
as
an attachment to the prior-filed Motion for Leave to File Third
Amended Complaint,
a copy of Complainant’s proposed Third Amended
Complaint,
a copy of which is attached and herewith served upon
you.
Respectfully Submitted,
LISA I~IADIGAN
Attorjiey Gener
1 of the
By
S~
of 1111
is
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 West Randolph,
#2001
Chicago, IL 60601
312-814-5388
BEFORE THE ILLINOIS POLLUTION CONTROL
BO~EC~~.VED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
cx
rd.
LISA MADIGAN, Attorney
)
DEC
3
02003
General of the State of Illinois,
STATE
OF
ILLkNOIS
Complainant,
)
PoIIut~onControl
Board
-vs~-
)
PCB
No.
97-193
(Enforcement)
COMMUNITY LANDFILL CO.,
an Illinois corporation,
EDWARD PRUIM,
an individual, and
ROBERT
PRTJIM,
an individual,
Respondents.
THIRD
AMENDED
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
cx
rd.
LISA
MADIGAN, Attorney General of the State of Illinois, on her own
motion,
complains of Respondents, COMMUNITY LANDFILL CO.,
an
Illinois Corporation,
EDWARD PRUIM, an individual,
and ROBERT PRUIM,
an individual,
as follows:
COW~T I
FAILURE TO ADEQUATELY MANAGE REFUSE
A1~JDLITTER
1.
This
count
is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of the State of
Illinois,
on her own motion, pursuant to Section 31 of the Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/31
(2002)
2.
The Illinois Environmental Protection Agency (“Illinois~
EPA”)
is an administrative agency established in the executive
branch of the state government by Section
4 of the Act,
415 ILCS
5/4
(2002),
and charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to this Complaint,
Respondent,
COMMUNITY LANDFILL CO.,
(“CLC”),
an Illinois corporation, has
1
operated a sanitary landfill located at
1501 Ashley Road,
Morris,
Grundy County,
Illinois,
(“landfill” or
“site”)
4.
The landfill consists of approximately 119 acres within
the Northwest 1/4 of Section 2 of the Northeast 1/4 of Section
3,
Township 33 North Range
7 East,
and in the Southeast 1/4 of Section
34
and
the
Southwest
1/4
of
Section
35,
Township
34
North
Range
7
East,
all in the Third Principal Meridian,
in Grundy County,
Illinois.
5.
The landfill is divided into two parcels, designated
Parcel A and Parcel
B.
6.
Parcel A is approximately 55 acres in size and is
currently accepting waste.
7.
Parcel
B is approximately 64 acres in size.
8.
CLC is a privately held corporation, wholly owned by
Respondents EDWARD PRUIM and ROBERT PRUIM.
At all times relevant to
this Amended Complaint,
Edward Pruim and Robert Pruim served as
officers and directors of Respondent CLC.
Edward Pruim and Robert
Pruim were responsible for,
and did,
sign and submit all permit
applications and reports to Illinois EPA related to the landfill,
directed and managed landfill operations,
caused and allowed the
deposit of waste in the landfill,
arranged for surety bonds and
letters of credit relating to the landfill, and were responsible for
ensuring CLC’s compliance with pertinent environmental laws and
regulations.
Edward Pruim and Robert Pruim actively participated in
the operations at the Site and the violations alleged herein.
9.
Section 3.185 of the Act, 415 ILCS 5/3.185
(2002),
provides the following definition:
2
• “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
constituent
thereof
may
enter
the
environment
or
be
emitted into the air or discharged into any waters,
including ground waters.
10.
Section 3.270 of the Act, 415 ILCS 5/3.270
(2002),
provides the following definition:
“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.
11.
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
provides the following definition:
“PERSON”
is any individual, partnership,
co-partnership,
firm,
company, limited liability company,
corporation,
association,
joint stock company,
trust estate, political
subdivision,
state
agency,
or
any
other
legal
entity,
or
their legal representative,
agent or assigns.
12.
The Respondents are “personEs”
as that term is defined
by
Section
3.315
of
the
Act,
415
ILCS
5/3.315
(2002).
13.
Section 3.445 of the Act,
415 ILCS 5/3.445
(2002),
provides the following definition:
“SANITARY LANDFILL” means a facility permitted by the
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.
14.
Section 3.535 of the Act,
415 ILCS 5/3.535
(2002),
provides the following definition:
“WASTE” means any garbage,
sludge from a waste treatment
plant,
or air pollution control facility or other
discarded material,
including solid;
liquid,
semi-solid,
or contained gaseous material resulting from industrial,
3
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.
15.
Section 21(d) (2)
of the Act,
415 ILCS 5/21(d)(2)
(2002),
provides
as
follows:
No
person
shall:
*
*
*
d.
Conduct any waste-storage, waste treatment,
or
waste-
treatment,
or
waste-disposal
operation:
*
*
*
2.
In violation of any regulations or standards
adopted
by
the
Board
under
this
Act;
or
*
*
*
16.
On
at
least
the
following
dates,
the
Illinois
EPA
conducted an inspection of the site:
April
7,
1994, March 22,
1995,
May
22,
1995, March
5,
1997,
July 28,
1998, November
19,
1998,
March
31,
1999,
May 11,
1999
and July 20,
1999.
17.
During the April
7,
1994,
inspection,
litter was observed
in the perimeter drainage ditch at the southwest portion of Parcel B
and on the southwest slope of Parcel B.
18.
During the•March 22,
1995,
inspection, the Illinois EPA
inspector observed refuse in a perimeter ditch and in a retention
pond at the landfill.
4
19.
During the May 22,
1995,
inspection,
the Illinois EPA
inspector
observed
refuse
and
litter
in
the
perimeter
ditches.
20.
Also during the May 22,
1995 inspection,
the Illinois EPA
inspector observed three eroded areas where leachate seeps had
exposed previously covered refuse.
21.
During the July 28,
1998 inspection, there was uncovered
waste from previous operating days in parcel A.
22.
On November 19,
1998 and March 31,
1999,
the landfill was
accepting waste,
and on March 31,
1999,
there was uncovered refuse
on Parcel
B,
and blowing uncovered litter on Parcel A.
23.
On May 11,
1999,
the landfill was accepting waste,
and
there was uncovered waste at the site.
24.
On July 20,
1999,
the landfill was accepting waste in
Parcel A, and there was uncovered refuse on Parcel B.
25.
Section 21(o)
of the Act, 415 ILOS 5/21(o)
(2002),
provides,
in pertinent part,
as follows:
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:
1.
refuse
in standing or flowing waters;
*
*
*
5.
uncovered refuse remaining from any previous
•
operating day or at the conclusion of any
operation day, unless authorized by permit;
*
*
*
12.
failure to collect and contain litter from the
site by the end of each operating day.
5
26.
Section 807.306 of the Illinois Pollution Control Board’s
(“Board’s”) Waste Disposal Regulations,
35 Ill.
Adm.
Code 807.306,
provides as follows:
All litter shall be collected from the sanitary landfill
site by the end of each working day and either placed in
the fill and compacted and covered that day,
or stored in
a covered container.
27.
Litter and refuse are waste as that term
is defined in
Section 3.535
of the Act, 415 ILCS 5/3.535
(2002)
28.
The site is a sanitary landfill that requires a permit
under Section 21(d)
of the Act,
415 ILCS 5/21(d) (2002)
29.
By leaving refuse in perimeter ditches and the retention
pond on March
22’,
1995,
and by leaving refuse in perimeter ditches
on May 22,
1995,
the Respondents have violated Section 21(o) (1)
of
the Act,
415 ILCS 5/21(o) (1)
(2002)
30.
By allowing leachate seeps to erode areas of the landfill
and expose previously covered refuse,
at least on May 22,
1995, the
Respondents have violated Section 21(o) (5)
of the Act,
415 ILCS
5/21(0)
(5)
(2002)
31.
By allowing litter and refuse to remain exposed,
uncontained,
and uncovered around various areas of the site on April
7,
1994, March 22,
1995, May 22,
1995,
July 28,
1998,
March 31,
1999,
May 11,
1999 and July 20,
1999,
the Respondents have violated
Sections 21(o) (5) and
(12)
of the Act, 415 ILCS
5/21(o) (5) and
(12)
(2002),
and Section 807.306 of the Board Waste Disposal Regulations,
35 Ill.
Adm. Code 807.306 and thereby, also violated Section
21(d) (2)
of the Act,
415 ILCS
5/21(d) (2)
(2002)
6
WHEREFORE,~Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM, AND ROBERT
PRUIM,
with respect to Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations of Section 21(d) (2),
21(o) (1),
(5),
and
(12)
of the Act,
and Section 807.306 of
35 Ill. Adm.
Code;
3.
Ordering the Respondents to cease and desist from any
further violations of Sections 2l(d)(2),
21(o)(l),
(5) and
(12), and
Section 807.306 of 35 Ill.
Adm.
Code;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents, jointly and severally,
for
each violation and an additional civil penalty of Ten Thousand
Dollars
($10,000.00) per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate.
COUNT II
FAILURE TO PREVENT OR CONTROL LEACHATE FLOW
1-16.
Complainant realleges and incorporates by reference
herein
paragraphs
1
through
16
of
Count
I
as
paragraphs
1
through
16
of this Count
II as
if fully set forth herein.
17.
During the April
7,
1994,
inspection,
the Illinois EPA
inspector observed five leachate seeps
along the northwest perimeter
7
of Parcel B.
18.
During the March 22,
1995,
inspection,
the Illinois EPA
inspector observed numerous leachate seeps at the northwest
perimeter of the landfill.
19.
During the May 22,
1995,
inspection, the Illinois EPA
inspector observed numerous leachate seeps along the north slope of
the landfill and in the north perimeter ditch which eventually
drains into the Illinois River.
20.
Section 21(o)
of the Act,
415 ILCS 5/21(o)
(2002),
provides,
in pertinent part,
as follows:
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:
*
*
*
2.
leachate
flows
entering
waters
of.
the’
State;
3.
leachate flows exiting the landfill confines
(as determined by the boundaries established
for the landfill by a permit issued by the
Agency);
*
*
*
21.
Section
807.314(e)
of
the
Board’s
Waste
Disposal
Regulations,
35 111.
Adm. Code 807.314(e), provides as follows:
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;
22.
Section 3.550 of the Act,
415 ILCS 5/3.550
(2002),
8
contains the following definition:
“WATERS” means all accumulations of water,
surface and
underground,
natural and artificial, public and private,
or parts thereof, which are wholly or partially within,
flow through,
or border upon the State.
23.
The Illinois River is a “water” of the State of
Illinois,
as that term is defined in Section 3.550 of the Act,
415 ILCS
5/3.550
(2002)
24.
By
allowing
leachate
seeps
to
exit
the
landfill
boundaries
and
enter
waters
of
the
State,
and
by
failing
to
control
leachate flow,
the Respondents have violated Sections 21(d) (2),
and
21(o) (2)
and
(3)
of the Act, 415 ILCS
5/21(d) (2) and 21(o) (2) and
(3)
(2002),
and Section 807.314(e)
of the Board’s Waste Disposal
Regulations,
35 Ill. Adm.
Code 807.314(e).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count
II:
1.
Authorizing a hearing in this matter at which time the
Respondents
will
be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Sections 21(d)(2), 21(o)(2) and
(3), and Section
807.314(e)
of 35 Ill.
Adm.
Code;
3.
Ordering the Respondents to cease and desist from any
further violations of Sections 2l(d)(2),
21(0) (2) and
(3), and
Section 807.314(e)
of 35
Ill. Adm.
Code;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
9
each violation, and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs, including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT III
FAILURE TO PROPERLY DISPOSE OF LANDSCAPE WASTE
•
‘
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15
of Count I as paragraphs
1 through 15
of this Count
III as if fully set forth herein.
16.
Section 22.22(c)
of the Act,
415 ILCS 5/22.22(c)
(2002),
provides as follows:
c.
Beginning July 1,
1990,
no owner or operator of a
sanitary landfill shall accept landscape waste for
final disposal,
except that landscape waste
separated from municipal waste may be accepted by a
sanitary landfill
if
(1)
the landfill provides and
maintains for that purpose separate landscape waste
composting facilities and composts all landscape
waste,
and
(2) the composted waste is utilized, by
the operators of the landfill or by any other
person,
as part of the final vegetative cover for
the landfill or such other uses as soil conditioning
material.
17.
On August 18,
1993 and April
7,
1994,
the Illinois EPA
conducted inspections of the site.
During these inspections,
the
Illinois EPA inspector observed that landscape waste had been
deposited in the landfill area.
18.
On July 28,
1998,
the Respondents were landfilling
landscape waste at the site in Parcel A.
10
19.
By landfilling landscape waste, the Respondents have
violated Section 22.22(c)
of the Act,
415 ILCS 5/22.22(c)
(2002)
WHEREFORE,
Complainant PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count III:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations
of Section 22.22(c)
of the Act;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 22.22(c)
of the Act;
4.
Assessing
a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation, and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness, consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
•
COUNT IV
FAILURE TO PROVIDE AND MAINTAIN
ADEQUATE FINANCIAL ASSURANCE PURSUANT
TO THE APRIL 20,
1993 PERMIT
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15 of Count
I as paragraphs
1 through 15
of this Count IV as if fully set forth herein.
11
16.
Section 21.1(a)
of the Act,
415 ILCS 5/21.1(a)
(2002),
provides as follows:
a.
Except as provided in subsection
(a.5)
no person
other than the State of Illinois,
its agencies and
institutions, or a unit of local government shall
conduct
any
waste
disposal
operation
on
‘or
after
March
1,
1985,
which
requires
a
permit
under
subsection
(d)
of Section 21 of this Act, unless
such person has posted with the Agency a performance
bond or other security for the purpose of insuring
closure of the site and post-closure care in
accordance with this Act and regulations adopted
thereunder.
17.
Section 807.601(a)
of the Board’s Waste Disposal
Regulations,
35 Ill.
Adm.
Code 807.601(a),
states as follows:
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.
18.
Section 807.603(b) (1)
of the Board’s Waste Disposal
Regulations,
35 Ill.
Adm.
Code 807.603(b) (1), provides as follows:
b)
The operator must increase the total amount of
financial assurance so as to equal the current cost
estimate within 90 days after any of the following:
1)
An increase in the current cost estimate;
19.
Item
3 of Respondents’
supplemental permit dated April
20,
1993, provided that financial assurance was to be maintained in
an amount equal to $1,342,500.00.
20.
Item
3 of Respondents’
supplemental permit dated April
12
20,
1993,
approved the Respondents’
current cost estimate for
$1,342,500.00.
21.
Respondents Edward Pruim and Robert Pruim failed to
increase the total amount of financial assurance to $1,342,500.00,
within 90 days after the Agency approved its cost estimate on April
20,
1993.
22.
Respondents
provided
a performance bond on June 20,
1996.
23.
By failing to provide adequate financial assurance
Respondents have violated Section 21.1(a)
of the Act, 415 ILCS
5/21.1(a)
(2002),
and Section 807.601(a)
of the Board’s Waste
Disposal Regulations,
35
Ill. Adm.
Code 807.601 (a)
24.
By failing to adequately increase the financial
assurance amount by July 19,
1993
(90 days after the Agency approved
its cost estimate on April
20,
1993), the Respondents have violated
Section 21(d) (2)
of the Act, 415 ILCS
5/21(d) (2)
(2002),
and Section
807.603(b) (1)
of the Board Waste Disposal Regulations,
35
Ill. Adm.
Code 807.603(b) (1).
25.
Respondents were out of compliance with Section 21.1(a)
of the Act,
415 ILCS 5/21.1(a) (2002),
35 Ill. Adm.
Code 807.601 (a)
and 807.603(b) (1)
from July
19,
1993 until June 20,
1996.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM, AND ROBERT
PRIJIM, with respect to Count
IV:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have violated Sections
13
21(d) (2) and 21.1(a)
of the Act,
and Sections 807.601(a), and
807.603(b)
(1)
of
the
Board’s
Waste
Disposal
Regulations;
3.
Ordering the Respondents to cease and desist from any
further violations of Sections 21(d) (2) and 21.1(a)
of the Act, and
Sections 807.601(a),
and 807.603(b) (1)
of the Board’s Waste Disposal
Regulations;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each
violation,
and
an additional
civil penalty of Ten Thousand
Dollars
($10,000.00)
per day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
V
FAILURE TO TIMELY FILE THE REQUIRED
APPLICATION FOR A SIGNIFICANT MODIFICATION
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15 of Count
I as paragraphs
1 through 15
of this Count V as
if fully set forth herein.
16.
Section 814.104
of the Board’s Waste Disposal
Regulations,
35 Ill.
Adm.
Code 814.104, provides as follows:
a.
All owners or operators of landfills permitted
pursuant to Section 21(d)
of the Environmental
Protection Act
(Act)
(Ill.
Rev.
Stat.
1991,
ch. 111
~,
par.
1021(d)
415
ILCS 5/21(d)
shall file an
application for a significant modification to their
permits for existing units, unless the units will be
closed pursuant to Subpart E within two years of the
effective date of this Part.
14
b.
The owner or operator of an existing unit shall
submit information required by 35 Ill.
Adm. Code
812
to demonstrate compliance with Subpart
B,
Subpart C
or Subpart D of this Part, whichever is applicable.
c.
The application shall be filed within 48 months of
the effective date of this Part,
or at such earlier
time as the Agency shall specify in writing pursuant
to 35 Ill. Adm.
Code 807.209 or 813.201(b).
d.
The application shall be made pursuant to the
procedures of 35 Ill. Adm.
Code 813.
17.
The Respondents failed to file the required significant
modification for Parcel B by June
15,
1993.
18.
The Respondents finally filed the required significant
modification on August
5,
1996, pursuant to a prospective variance
issued by the Board.
19.
By failing to file the required significant modification
for Parcel B by June 15,
1993,
the Respondents have violated Section
21(d) (2)
of the Act,
415 ILCS 5/21(d) (2) (2002), and Section 814.104
of the Board’s Waste Disposal Regulations,
35 Ill.
Adm. Code
814.104.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD
PRIJIM,
AND
ROBERT
PRUIM, with respect to Count V:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have violated Section
21(d) (2)
of the Act and Section 814.104 of the Board’s Waste
Disposal Regulations;
3.
Ordering the Respondents to cease and desist from any
15
further violations of Section 21(d) (2)
of the Act or Section
814.104 of the Board’s Waste Disposal Regulations;
4.
Assessing
a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation, and an additional civil penalty of Ten Thousand
Dollars
($10,000.00) per day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT VI
WATER POLLUTION
1-20.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through 20 of Count
I as paragraphs
1 through
20
of
this
Count
VI
as
if
fully
set
forth
herein.
21.
During the May 22,
1995,
inspection,
the Illinois EPA
inspector observed leachate in the north perimeter ditch which
eventually drains into the Illinois River.
22.
Section 12(a)
of the Act,
415 ILCS
5/12(a)
(2002),
provides as follows:
No
person
shall:
a.
Cause or threaten or allow the discharge of any
contaminants in any State so as to cause or tend to
cause water pollution in Illinois, either alone or
in combination with matter from other sources,
or
so as to violate regulations or standards adopted
by the Pollution Control Board under this Act;
23.
Section 807.313 of the Board’s Waste Disposal
•
16
Regulations,
35 Ill. Adm.
Code 807.313, provides as follows:
No
person
shall
cause
or
allow
operation
of a sanitary
landfill
so
as
to
cause
or threaten or allow the
discharge of any contamination into the environment in
any
State
so
as
to
cause
or
tend
to
cause
water
pollution
in
Illinois,
either
alone
or
in
combination
with
matter
from
other
sources,
or
so
as
to violate regulations or
standards adopted by the Pollution Control Board under
the Act.
24.
Section 3.165
of the Act,
415 ILCS 5/3.165
(2002),
defines “contaminant” as
“any solid,
liquid,
or gaseous matter,
any
odor,
or any form of energy,
from whatever source.”
25.
The leachate the Illinois EPA inspector observed in the
north perimeter ditch is
a contaminant as that term
is defined at
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002).
26.
Section 3.550 of the Act, 416 ILCS 5/3.550
(2002),
defines waters as
“all accumulations
of water,
surface and
underground,
natural, and artificial,
public and private, or parts
thereof, which are wholly or partially within,
flow through or
border upon this State.”
27.
The Illinois River into which leachate from the north
perimeter ditch located on the site eventually drains,
is a water
of the state of Illinois as that term is defined at Section 3.550
of the Act,
415 ILCS 5/3.550
(2002)
28.
Section 3.545 of the Act,
415 ILCS 5/3.545
(2002),
defines “water pollution”
as follows:
“Water pollution”
is such alteration of the physical,
thermal,
chemical, biological or radioactive properties
of any waters of the State,
or such discharge of any
contaminant into any waters of the State,
as will or is
likely to create a nuisance or render such waters harmful
or detrimental or injurious to public health,
safety or
welfare, or to domestic, commercial,
industrial,
agricultural,
recreational,
or other legitimate uses”, or
17
• to livestock,
wild animals, birds,
fish,
or other aquatic
life.
29.
Causing or allowing leachate,
a contaminant,
to flow into
the north perimeter ditch which eventually drains or discharges
into the Illinois River constitutes water pollution as
that’ term is
defined at Section 3.545 of the Act,
415 ILCS 5/3.545
(2002)
30.
By causing or allowing leachate to flow off-site to the
Illinois River,
the Respondents have violated Sections 12(a)
and
21(d) (2)
of the Act,
415 ILOS 5/12(a)
and 21(d) (2)
(2002),
and
Section 807.313
of the Board’s Waste Disposal Regulations,
35 Ill.
Adm. Code 807.313.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM, with respect to Count VI:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have violated Sections 12(a) and
21(d) (2)
of the Act and Section 807.313 of the Board’s Waste
Disposal Regulations;
3.
Ordering the Respondents to cease and desist from any
further violations of Sections 12(a)
and 21(d) (2)
of the Act and
Section 807.313
of the Board’s Waste Disposal Regulations;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents, jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day of violation;
18
5.
Requiring
the
Respondents
to
pay
all
costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT VII
DEPOSITING OF WASTE IN UNPERMITTED
PORTIONS OF A LANDFILL
1-14.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through 14 of Co~int I as paragraphs
1 through
14 of this Count VII as if fully set forth herein.
15.
On June
5,
1989,
supplemental development permit number
1989-005-SP was issued to Respondent CLC for the vertical expansion
of Parcel A and Parcel B.
16.
Supplemental developmental permit number 1989-005-SP that
was issued to Respondent CLC on June
5,
1989,
specifically
incorporated as part of said permit, the Respondents’
final plans,
specifications,
application and supporting documents that were
submitted by Respondents and approved by the Illinois EPA.
17.
Respondents’
supplemental development permit application
which was incorporated as part of supplemental development permit
number l989-005-SP, provides the maximum elevation for the landfill
as
580
feet
above
mean
sea
level.
18.
Respondents were therefore required not to exceed the
landfill elevation of 580 feet above mean sea level.
19.
On August
5,
1996,
Respondents filed with the Illinois
EPA,
an application for significant modification of parcel
B.
The
19
application contained a map which shows the current condition of
parcel
B.
20.
The map referenced in paragraph
17
above,
shows
the
‘current elevation for parcel B to be at least 590 feet above mean
sea level.
A ten feet increase over the permitted elevation.
21.
On April
30,
1997,
the Respondents submitted to the
Illinois EPA, a document titled,
“ADDENDUM TO THE APPLICATION FOR
SIGNIFICANT MODIFICATION TO PERMIT MORRIS COMMUNITY LANDFILL
-
PARCEL B.”
The information contained therein showed, that in
excess of 475,000 cubic yards of waste was disposed of above the
permitted landfill height of 580 feet above mean sea level.
22.
On ‘or about January
17,
1995,
the Respondents submitted a
Solid Waste Capacity Certification to Illinois EPA,
signed by
Respondent Edward Pruim,
reporting that there was no remaining
capacity in Parcel B as of January
1,
1995.
23.
On or about January
15,
1996,
the Respondents submitted a
Solid Waste Landfill Capacity Certification to Illinois EPA,
signed
by Respondent Robert Pruim,
reporting that the Respondents had
received over 540,000 cubic yards for deposit in Parcel B between
January
1,
1995 and December 31,
1995.
24.
As of July 20,
1999 or on dates better known to
Respondents, portions of Parcel B exceeded 580 feet above mean sea
level.
To
the
date
of
filing
this amended complaint,
portions of
Parcel B continue to exceed 580 feet above mean sea
level.
25.
Section 21(o) (9)
of the Act,
415 ILCS
5/21(o) (9)
(2002),
provides as follows:
No person shall:
20
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.
deposition of refuse in any unpermitted portion of
the landfill.
26.
Refuse is waste as that term is defined at Section 3.535
of the Act, 415 ILCS 5/3.535
(2002).
27.
On and before August
5,
1996,
or a date better known to
Respondents, and continuing until the filing of this Amended
Complaint herein,
the
Respondents
caused
and allowed the deposit of
refuse in unpermitted portions of parcel B.
The Respondents did
not have a permit issued by the Illinois EPA to deposit refuse
above its permitted elevation of 580 feet above mean sea level.
28.
By depositing refuse or waste in portions of parcel B
above its
permitted elevation,
the Respondents violated Section
21(o)
(9)
of
the
Act,
415
ILCS
5/21(o)
(9)
(2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count VII:
1.
Authorizing a hearing in this matter at which time the
Respondents
will
be
required
to answer the allegations herein;
2.
Finding that the Respondents have
caused or allowed
violations of Section 21 (o) (9)
of the Act;
3.
Ordering
the Respondents to cease and desist from any
further violations of Section 21(o) (9)
of the Act;
•
4.
Assessing
a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
21
each violation, and an addition
civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
eKpert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT VIII
CONDUCTING A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
1-24.
Complainant
realleges
and incorporates by reference
herein paragraphs
1 through 24
of Count VII
as paragraphs
1 through
24 of this Count VIII as
if
fully
set forth herein.
25.
Section 21(d) (1)
of the Act,
415
ILCS 5/21(d)
(1)
(2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act, and with regulations and standards adopted
thereunder.
.
26.
Refuse is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535
(2002)
27.
By causing or allowing refuse or waste to be deposited in
Parcel B at the landfill above the permitted elevation of
580 feet
above mean sea level, unpermitted areas of the landfill, the
Respondents
conducted
a waste-storage or waste-disposal operation.
22
28.
The Respondents did not have a permit for the disposal of
waste
above
an
elevation
of
580
feet
above
mean
sea
level.
29.
Since at least August
5,
1996,
or a date better known to
the Respondents,
and continuing until the filing of this Amended
Complaint,
the Respondents have deposited waste in unpermitted
portions of Parcel B of the landfill in violation of Section
21(d) (1)
of the Act,
415 ILCS 5/21(d) (1)
(2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents
COMMUNITY
LANDFILL COMPANY, EDWARD PRUIM, AND ROBERT
PRUIM,
with respect to Count VIII:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations
of
Section
21(d)
(1)
of
the
Act;
3.
Ordering the Respondents to cease and desist from any
further
violations
of
Section
21(d)
(1)
of
the
Act;
4.
Assessing a civil penalty of’Fifty Thousand Dollars
($50,000.00)
against the Respondents for each violation, and an
additional
civil
penalty
of
Ten
Thousand
($10,000.00)
per
day
for
each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
23
COUNT
IX
OPEN DUNPING
1-24.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 24
of Count VII
as paragraphs
1 through
24 of this Count IX as
if fully
set
forth
herein.
25.
Section 21(a)
of the Act,
415 ILCS
5/21(a)
(2002),
provides as follows:
No
person
shall:
a.
Cause
or
allow
the
open
dumping
of
any
waste.
26.
Section 3.305 of the Act,
415 ILCS 5/3.305
(2002),
provides
the
following
definition:
“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.
27.
Sections 3.385 and 3.460 of the Act,
415 ILCS 5/3.385,
3.460
(2002),
provides
the
following
definitions,
respectively:
“REFUSE”
means
waste.
“SITE” means any location,
place,
tract of land, and
facilities,
including, but not limited to building,
and
improvements
used
for
purposes
subject
to regulation or
control by this Act or regulations thereunder.
28.
The landfill
is a “disposal
site”
as those terms are
defined in the Act.
29.
Since at least August 5,
1996,
or a date better known to
the Respondents,
the Respondents have caused or allowed the
consolidation of refuse at the site,
above the permitted elevation
of 580 feet above mean sea level.
30.
The consolidation of refuse at the site on Parcel B above
the permitted elevation of 580 feet above mean sea level,
disposal
24
&reas that do not fulfill the requirements of a sanitary landfill,
constitutes “open dumping” as that term is defined in Section 3.24
of the Act,
415 ILCS 5/3.24
(2002).
31.
The Respondents, by their conduct described herein, have
violated Section 21(a)
of the Act,
415 ILCS 5/21(a)
(2002).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
against
Respondent COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count
IX:
1.
Authorizing a hearing in this matter at which time the
Respondents
will
be
required
to
answer
the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations
of Section 21(a)
of the Act;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(a)
of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents for each violation,
and an
additional civil penalty of Ten Thousand Dollars
($10,000.00)
per
day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit. of this action;
and
6.
Granting
such
other
relief
as
the Board deems
appropriate.
25
COUNT
X
VIOLATION OF STANDARD CONDITION
3
1-24.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through 24 of Count VII as paragraphs 1 through
24
of this Count X as if fully set forth herein.
25.
Section 21(d) (1)
of the Act,
415 ILCS
5/21(d) (1) (2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act, and with regulations and standards adopted
thereunder.
.
26.
Refuse is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535
(2002).
27.
Standard condition number
3
of supplemental development
permit number 1989-005-SP which was issued to Respondent CLC on June
5,
1989, provides as follows:
There
shall
be
no
deviation from the approved plans and
specifications unless
a written request for modification
of the project,
along with plans and specifications as
required,
shall have been submitted to the Agency and a
supplemental
written
permit
issued.
28.
Respondents were required by standard condition number
3
of supplemental development permit number 1989-005-SP,
to obtain a
supplemental
permit
in
order
to increase its landfill elevation
above
the
permitted limit, before depositing waste in the landfill
above the permitted limit of 580 feet above mean sea level.
26
29.
Since at least August
5,
1996,
or a date better known to
the Respondents,
and continuing until the filing of this Second
Amended Complaint,
the Respondents failed to obtain a supplemental
permit
to increase the permitted elevation of the landfill before
depositing waste therein, above 580 feet above mean sea level.
30.
The Respondents, by their conduct described herein,
have
and continues to violate standard condition number
3
of
supplemental development permit number l989-005-SP,
and thereby,
also violated Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1)
(2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF
ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count X:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 21(d) (1)
of the Act and standard condition
number 3 of permit number l989-005-SP;
3.
Ordering
the
Respondents
to
cease
and
desist
from
any
further violations of Section 21(d) (1)
of the Act and standard
condition number
3 of permit number 1989-0005-SP;
‘4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation, and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
27
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
XI
CONDUCTING A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
1-24.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 24 of Count
I as paragraphs
1 through 24
of this Count XI as
if fully set forth herein.
25.
Section 21(d)(1)
of the Act,
415 ILCS 5/21(d) (1) (2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act,
and with regulations and standards adopted
thereunder.
.
26.
Refuse
is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535(2002).
27.
The enactment of Part
814 of the Board’s waste disposal
regulations required, pursuant to 35 Ill. Adm. Code Part
814 Subpart
D,
that non-hazardous waste landfills initiate closure by September
18,
1997 if they áannot demonstrate, through a significant
modification permit application and Illinois EPA inspection,
compliance with the more stringent requirements of 35
Ill. Adm. Code
Part 814 Subpart
C.
28
28.
Subpart C of Part
814,
35 Ill.
Adm. Code 814.301-302,
specifically, 814.301(a),
allows a permitted facility that meets the
requirements of that Subpart to stay open past September 18,
1997.
29.
In order to meet the requirements of Subpart C of Part
814,
a facility must comply with the requirements of 35 Ill.
Adm.
Code:
Subtitle G,
Part 811,
including, but not limited to the
requirements of 811.704.
Section 811.704 of 35 Ill.
Adm.
Code
requires the post-closure cost estimates shall be “based on the
assumption that the Agency will contract with a third party to
implement the closure plan”.
30.
A facility which accepted waste after 1992
that fails to
meet the requirements of Subpart C is subject to the requirements of
Subpart
D.
31.
Subpart D of Part
814,
35 Ill. Adm.
Code 814.401-402,
requires a facility regulated under this Subpart to close and stop
accepting waste within seven
(7) years of the effective date of Part
814.
Part 814 became effective on September
18,
1990.
32.
Section 814.105(b)
of the Board’s Waste Disposal
Regulations,
35
Ill.
Adm. Code 814.105(b), provides temporary relief
from this closure requirement for facilities that timely file their
application for significant modification and reads as follows:
b)
An operator who has timely filed a notification
pursuant to Section 814.103 and an application for
significant permit modification pursuant to Section
814.104 shall continue operation under the terms of
its existing permits until final determination by
the Agency on its application and any subsequent
appeal to the Board pursuant to Section 40 of the
Act.
During this time,
the operator will be deemed
to be in compliance with all requirements of this
Part.
29
33.
Section 814.104 of
the, Board’s Waste Disposal
Regulations,
35 Ill.
Adm.
Code 814.104, provides,
in pertinent part,
as follows:
(a)
All operators of landfills permitted pursuant to
Section 21(d)
of the Environmental Protection Act,
(Act) (Ill. Rev.
Stat.
1989,
ch.
111
~,
par.
1021(d)) now
415 ILCS 5/21(d) (2002)
shall
file an
application for a significant modification to their
permits for existing units, unless the units will be
closed pursuant to Subpart
E within two years of the
effective date of this Part.
*
*
*
(c)
The
application
shall
be filed within 48 months of
the effective date of this Part,
or at such earlier
time as the Agency shall specify in writing pursuant
to 35 Ill. Adm.
Code 807.209 or 813.201(b).
34.
Forty Eight
(48)
months from the effective date of Part
814 was September 18,
1994.
35.
The Illinois EPA specified in writing that Respondent CLC
was to submit its application for significant modification of its
permit by June
15,
1993.
36.
Respondents failed to submit the application by June 15,
1993.
37.
On April
26,
1995,
the Respondents filed a petition for
variance with the Board.
38.
On June
17,
1996,
the Appellate Court entered an Order
overturning the Board’s variance denial and ordered the “Illinois
Pollution Control Board to immediately issue a prospective variance
to Community Landfill Corporation allowing it to file its
significant modification application within 45 days”.
39.
In a subsequently issued written opinion,
the Appellate
30
Court noted that it did not award Respondent CLC the extraordinary
relief of
a retroactive variance.
40.
Respondents filed an application for significant
modification on August 5,
1996, within the 45 days allowed by the
prospective
variance.
41.
Among other defects,
as part of its application for
significant modification,
the Respondents did not provide the
Illinois EPA with post-closure cost estimates “based on the
assumption that the Agency will contract with a third party to
implement the closure plan”.
42.
By failing to demonstrate the ability to comply with Part
811 of the Board’s Waste Disposal Regulations,
the Respondents did
not meet the requirements of
814 Subpart
C, and therefore are
subject to the requirements of Subpart D including the requirement
that
it initiate closure of the site by September
18,
1997.
43.
By failing to file a timely application for significant
modification, the Respondents had no legal authority to continue
accepting waste at the facility past September
18,
1997.
44.
The Respondents have been accepting waste in Parcel A at
the facility from September 18,
1997 through the date of filing of
this Second Amended
Complaint.
45.
By accepting wasLe in Parcel A after September
18,
1997,
the Respondents violated Section 21(d)
of the Act,
415 ILCS
5/21(d)
(2002),
and
35
Ill.
Adm.
Code
814.301(b)
and
814.401.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
31
PRUIM,
with respect to Count XI:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 21(d)
of the Act and 35 Ill.
Adm. Code 814.301
and
814.401;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(d)
of the Act and 35 Ill. Adm. Code
814.301
and
814.401
4.
Ordering the Respondents to cease and desist from
accepting waste. at the site,
until such time as
it is permitted to
accept waste;
5.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation, and an additional civil penalty of Ten Thousand
($10,000.00) per day for each day of violation;
6.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees, expended by the State
in
its pursuit of this action; and
7.
Granting such other relief as the Board deems
appropriate.
COUNT XII
IMPROPER DISPOSAL OF USED TIRES
1-14.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through
9, paragraphs
11 through 14,
and
paragraph 16,
of Count
I as paragraphs
1 through 14 of this Count
XII
as
if fully set forth herein.
32
15.
Section 55(b-l)
of the Act, 415 ILCS 5/55(b-1) (2002),
provides,
in pertinent part,
as
follows:
b-l
Beginning January
1,
1995,
no person shall knowingly
mix any used or waste tire,
either whole or cut,
with municipal waste,
and no owner or operator of a
sanitary landfill shall accept any used or waste
tire for final disposal;
except that used or waste
tires, when separated from other waste, may be
accepted if:
(1)
the sanitary landfill provides and
maintains a means for shredding,
slitting, or
chopping whole tires and so treats whole tires and,
if approved by the Agency in a permit issued under
this Act,
uses the used or waste tires for
alternative uses, which may include on-site
practices such as lining of roadways with tire
scraps,
alternative daily cover,
or use in a
leachate collection system or
(2)
the sanitary
landfill,
by its notification to the Illinois
Industrial Materials Exchange Service, makes
available the used or waste tires to an appropriate
facility for reuse,
reprocessing, or converting,
including use as an alternative energy fuel.
16.
On July 28,
1998, Respondents were mixing waste tires
with municipal waste and placing them in the active area of Parcel A
of
the
landfill
for
disposal.
17.
By the actions described herein, Respondents have
violated Section 55(b-l)
of the Act.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRTJIM,
with respect to Count XII:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations of Section 55(b-l)
of the Act;
3.
Ordering the Respondents to cease and desist from any
33
ifurther violations of Section 55(b-1)
of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents for each violation, and an
additional civil penalty of Ten Thousand Dollars
($10,000.00) per
day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness, consultant and attorney fees,
expended by the State
in the pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT XIII
VIOLATION OF PERMIT CONDITION
1-22.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through 22 of Count
I as paragraphs
1 through
22 of this Count XIII,
as if fully set forth herein.
23.
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002)
provides as follows:
No person shall:
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 ensure compliance with this
Act,
and with regulations and standards adopted
thereunder.
.
.
24.
Refuse is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535(2002).
34
25.
Special condition number
13 of supplemental development
permit number 1989-005-SP which was issued to Respondent CLC on June
5,
1989, provides as follows:
Movable, temporary fencing will be used to prevent
blowing litter,
when the refuse fill is at a higher
elevation than the natural ground line.
25.
Respondents were required by special condition number 13
of its supplemental development permit number 1989-005-SP,
to
utilize movable fencing to prevent blowing litter when the refuse
fill
is at a higher elevation than the natural ground line.
26.
On March,
31,
1999,
a windy day,
the Respondents did not
use movable fencing even though the fill was at
a higher elevation
than the natural ground line and litter was blowing all over the
landfill.
27.
The Respondents,
by their conduct described herein,
violated special condition number 13
of its supplemental development
permit number l989-005-SP, and thereby, also violates Section
21(d)
(1)
of
the
Act,
415
ILCS
5/21(d)
(1)
(2002).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM, with respect to Count XIII:
1.
Authorizing
a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have caused or allowed
violations of Section 21(d) (1)
of the Act and special condition
number
13 of permit number l989-005-SP;
3.
Ordering the Respondents to cease and desist from any
35
further violations of Section 21(d) (1)
of the Act and special
condition number
13’ of permit number 1989-005-SP;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against the Respondents, jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
XIV
VIOLATION OF PERMIT CONDITION
1-22.
Complainant realleges and incorporates by reference
herein,
paragraphs
1
through
22
of
Count
I
as
paragraphs
1
through
22 of this Count XIV as
if fully set forth herein.
23.
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act,
and with regulations and standards adopted
thereunder.
.
.
24.
Refuse is waste as that term
is defined at Section 3.535
of the Act, 415 ILCS 5/3.535
(2002).
36
25.
Special condition number
1 of supplemental development
permit number 1996-240-SP which was issued to Respondent CLC on
October 24,
1996, provides as follows:
This permit allows the development and construction of an
active gas management system and a gas flare.
Prior to
operation of the gas control facility, the applicant
shall provide to the Agency the following information,
certified by a registered professional engineer.
a)
“as built” construction plans;
b)
boring logs for the gas extraction wells;
c)
any changes to the operation and maintenance of the
system;
d)
contingency plan describing the emergency procedures
that will’ be implemented in the event of a fire or
explosion at the facility; and
e)
permit numbers from the Agency’s Bureaus of Air and
Water.
This information shall be submitted in the form of a
permit application.
26.
The Respondents were required by special condition number
1 of supplemental development permit number 1996-240-SP,
to provide
the Illinois EPA with the abovementioned information, before
operating its gas control facility.
27.
On or about March 31,
1999,
or on a date or dates better
known to the Respondents,
the Respondents allowed commencement
of
operation of the gas control facility at the site without providing
the necessary information to the Illinois EPA.
28.
On May
5,
1999, the Illinois EPA received Respondents’
submittal regarding an operating authorization request for the
landfill gas management system.
29.
The Respondents,
by the conduct described herein,
violated special condition number 1 of
its supplemental development
permit number 1996-240-SP,
and thereby,
also violated Section
37
21(d) (1)
of the Act,
415 ILCS 5/21(d) (1)
(2002).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with
respect
to
Count
XIV:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations
of Section 21(d) (1)
of the Act and special condition
number
1
of permit number l996-240-SP;
3.
Ordering Respondents to cease and desist from any further
violations
of Section 21(d) (1)
of the Act and special condition
number 1 of permit number l996-240-SP;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT XV
VIOLATION OF PERMIT CONDITION
1-22.
Complainant realleges and incorporates by reference
herein,
paragraphs
1 through 22 of Count
I as paragraphs
1 through
22 of this Count XV as
if fully set forth herein.
38
23.
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002)
provides as follows:
No
person
shall:
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 ensure compliance with this
Act, and with regulations and standards adopted
thereunder.
.
24.
Refuse is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535
(2002)
25.
Special condition number
9 of supplemental development
permit number 1996-240-SP, provides as follows:
While the site is being developed or operated as a gas
control or extraction facility,
corrective action shall
be taken if erosion or ponding are observed,
if cracks
greater than one inch wide have formed,
if gas,
odor,
vegetative or vector problems arise, or if leachate
popouts or seeps are present
in the areas disturbed by
constructing this gas collection facility.
26.
Respondents were required by special condition number
9
of supplemental
development
permit
number
l996-240-SP,
to
take
corrective action when there was erosion, ponding,
and cracks
greater than one inch wide at the facility.
27.
On or about March 31,
1999,on Parcel A,
there was
erosion, ponding and cracks over one inch wide at the facility, no
vegetative cover,
and no corrective action was being taken.
28.
On July 20,
1999,
there was not a vegetative cover over
the entire Parcel B of the landfill.
29.
Respondents,
by the conduct described herein, violated
39
special condition number
9 of its supplemental development permit
number
1996-240-SP, and thereby,
also violated Section 21(d) (1)
of
the Act,
415 ILCS 5/21(d) (1)
(2002).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM, AND ROBERT
PRUIM, with respect to Count XV:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 21(d) (1)
of the Act and special condition
number
9 of permit number l996-240-SP;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(d) (1)
of the Act and special
condition number 9 of permit number 1996-240-SP;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation, and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate.
COUNT XVI
VIOLATION OF PERMIT CONDITION
40
1-22.
Complainant realleges and incorporates by reference
herein,
paragraphs
1 through
22 of Count
I as paragraphs
1 through
22 of this Count XVI as if fully set forth herein.
23.
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002)
provides as follows:
No person shall:
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 ensure compliance with this
Act,
and with regulations and standards adopted
thereunder.
.
24.
Refuse is waste as that term is defined at Section 3.535
of the Act,
415 ILCS 5/3.535
(2002)
25.
Special condition number 11 of supplemental development
permit number 1996-240-SP,
provides as follows:
Condensate from the gas accumulations system,
and
leachate pumped and removed from the landfill shall be
disposed at an IEPA permitted publically owned treatment
works,
or a commercial treatment or disposal facility.
The condensate shall be analyzed to determine if
hazardous waste characteristics are present.
A written
log showing the volume of liquid discharged to the
treatment facility each day by the landfill will be
maintained at the landfill.
This log will also show the
hazardous waste determination analytical results.
26.
Respondents were required by special condition number 11
of supplemental development permit number 1996-240-SP,
to dispose of
leachate pumped from the cells at a permitted, publically owned
treatment works,
or a commercial treatment or disposal facility.
27.
On or about March 31, 1999 and July
.20,
1999, Respondents
placed leachate pumped from the landfill into new cells for added
41
moisture and not disposing of it at a permitted facility.
28.
Respondents, by the conduct described herein, violated
special condition number 11 of supplemental development permit
number 1996-240-SP,
and thereby, also violated Section 21(d) (1)
of
the Act, 415 ILCS 5/21(d) (1)
(2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM,
with respect to Count XVI:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations
of Section 21(d) (1)
of the Act and special condition
number 11 of permit number l996-240-SP;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(d) (1)
of the Act and special
condition number 11 of permit number 1996-240-SP,
including,
but not
limited to the improper use or disposal of leachate;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees, expended by the State
in the pursuit of this action; and
6~
Granting
such other relief
as the Board deems
appropriate.
42
COUNT XVII
FAILURE TO PROVIDE AND MAINTAIN ADEQUATE
FINANCIAL ASSURANCE PURSUANT TO
THE OCTOBER
24,
1996 PERMIT
1-22.
Complainant realleges and incorporates by reference
herein, paragraphs
1 through 22 of Count
I as paragraphs
1 through
22 of this Count XVII
as if fully set forth herein.
23.
Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act, and with regulations and standards adopted
thereunder.
.
24.
Refuse is waste as that term is defined at Section 3.53
of the Act,
415 ILCS 5/3.53
(2002).
25.
Special condition number
13 of supplemental development
permit number l996-240-SP,
dated October 24,
1996,
provides as
follows:
Financial assurance shall be maintained by the operator
in accordance with 35 Ill. Adm.
Code,
Subtitle G,
Part
807,
Subpart F in an amount equal to the current cost
estimate for closure and post closure care.
The current
cost estimate is $1,431,360.00 as stated in Permit
Application, Log No.
1996-240.
Within 90 days of the
date of this permit,
the operator shall provide financial
assurance in the amount of the current cost estimate as
required by 35 Ill.
Adm. Code 807.603(b) (1).
(Note: prior
to the operation of the gas extraction system in
accordance with Special Condition 1 of this permit,
the
operator shall provide financial assurance
in the amount
of $1,439,720.00)
43
26.
Respondents were required by special condition number 13
of supplemental development permit number 1996-240-SP,
to provide
$1,431,360.00 in financial assurance within
90 days from October 24,
1996
(January 22,
1997)
and to increase this amount to $1,439,720.00
prior
to
the
operation
of
the
gas
extraction
system.
26.
The Respondents did not increase financial assurance to
$1,431,360.00 by January 22,
1997
(90 days from October 24,
1996)
27.
The Respondents did not provided financial assurance in
the amount of $1,439,720.00 prior to the operation of the gas
extraction
system.
28.
The Respondents provided to the Illinois EPA a rider to
the existing performance bond that increased the amount of financial
assurance to $1,439,720.00 on September
1,
1999.
29.
The Respondents, by the conduct described herein,
violated special condition number 13 of supplemental development
permit number 1996-240-SP,
and thereby,
also violated Section
21(d) (1)
of the Act,
415 ILCS 5/21(d) (1)
(2002).
30.
The Respondents were out of compliance with special
condition number
13 of supplemental development permit number 1996-
240-SP and Section 21(d) (1)
of the Act,
415 ILCS 5/21(d) (1) (2002)
from January
22,
1997 until September
1,
1999.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent
CLC, with respect to Count XVII:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
44
violations of Section 21(d) (1)
of the Act and special condition
number 13
of permit number 1996-240-SP;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(d) (1)
of the Act and special
condition number
13 of permit number l996-240-SP;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against Respondents,
jointly and severally,
for each
violation,
and an additional
civil penalty of Ten Thousand Dollars
($10,000.00) per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT
XVIII
VIOLATION OF PERMIT CONDITION
1-22.
Complainant realleges and incorporates by reference
herein,
paragraphs
1 through 22 of Count
I as paragraphs
1 through
22 of this Count XVIII as
if fully set forth herein.
23.
Section 21(d)(1) ofthe Act,
415 ILCS 5/21(d) (1) (2002),
provides as follows:
No person shall:
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 ensure compliance with this
Act,
and with regulations and standards adopted
45
thereunder.
.
24.
Refuse is waste as that term is defined at Section 3.53
of the Act,
415 ILCS 5/3.53
(2002).
25.
Special condition number 17 of supplemental development
permit number 1989-005-SP, provides, in pertinent part,
as follows:
Prior to placing waste material in any Area,
a registered
professional engineer shall certify that the floor and/or
sidewall liner or seal has been developed and constructed
in accordance with an approved plan and specifications.
Such data and certification shall be submitted to the
Agency prior to placement of waste in the areas
referenced above.
No wastes shall be placed in those
areas until the Agency has approved the certifications
and issued an Operating Permit.
26.
Respondents w,ere required by special condition number 17
of supplemental development permit number 1996-240-SP,
to get an
Operating Permit and Illinois EPA approval based on a professional
engineer’s certification before placing any waste materials
in an
area that did not yet have this approval.
27.
On March
31,
1999, and July 20,
1999,
Respondents
placed
leachate,
a waste,
in areas that had not been certified or approved
by the Illinois EPA.
27.
Respondents, by the conduct described herein, violated
special condition number 17 of supplemental development permit
number l989-005-SP, and thereby, also violated Section 21(d) (1)
of
the Act,
415 ILCS 5/21(d) (1)
(2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM, with respect to Count XVIII:
1.
Authorizing a hearing in this matter at which time the
46
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations
of Section 21(d) (1)
of the Act and special condition
number 17 of permit number l989-005-SP;
3.
Ordering the Respondents to cease and desist from any
further violations of Section 21(d) (1)
of the Act and special
condition number 17 of permit number l989-005-SP;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00)
per day for each day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness,
consultant and attorney fees,
expended by the State
in the pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT XIX
FAILURE TO PROVIDE REVISED COST ESTIMATE
BY DECEMBER 26,
1994
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through
15 of Count
I as paragraphs
1 through lr
of this Count XIX as if fully set forth herein.
16.
Section 21.1(a)
of the Act,
415 ILCS 5/21.1(a)
(2002),
provides as follows:
a.
Except as provided in subsection
(a.5)
no person
other than the State of Illinois,
its agencies and
institutions,
or a unit of local government shall
conduct any waste disposal operation on or after
March
1,
1985, which requires a permit under
subsection
(d)
of Section 21 of this Act,
unless
47
such person has ‘posted with the Agency a performance
bond or other security for the purpose of insuring
closure of the site and post-closure care in
accordance with this Act and regulations adopted
thereunder.
17.
Section 807.601(a)
of the Board’s Waste Disposal
Regulations,
35 Ill.
Adm.
Code 807.601(a), states as follows:
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.
18.
Section 807.623(a)
of the Board’s Waste Disposal
Regulations,
35 Ill.
Adm. Code 807.623 (a), provides as follows:
a.
The operator must revise the current cost estimate
at least once every two years.
The revised current
cost estimate must be filed on or before the second
anniversary of the filing or last revision of the
current cost estimate.
19.
Item 9 of the Respondents’
supplemental permit dated
April
20,
1993, provided that the next revised cost estimate was due
by December 26,
1994.
20.
Respondents failed to provided a revised cost estimate by
December 26,
1994.
21.
On July 26,
1996,
the Respondents submitted a
Supplemental Permit Application for the gas collection and recovery
system and included a revised cost estimate in the amount of
$1,431,360.00.
48
22.
By failing to revise the cost estimate by December 26,
1994,
as required by the April
20,
1993,
supplemental permit,
the
Respondents have violated Section 21(d) (2)
of the Act,
415 ILCS
5/21(d) (2)
(2002),
and Section 807.623(a)
of the Board’s Waste
Disposal Regulations,
35 Ill. Adm.
Code 807.623(a).
23.
The Respondents were out of compliance with Section
21(d) (2)
of the Act, 415 ILCS
5/21(d) (2) (2002),
35 Ill.
Adm. Code
807.623(a)
from December 26,
1994 until July 26,
1996.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents
COMMUNITY LANDFILL COMPANY, EDWARD PRUIM,
AND
ROBERT
PRUIM, with respect to Count
I Respondent CLC,
with respect to Count
XIX:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have violated Sections 21(d) (2)
of the Act,
and Section 807.623(a), of the Board’s Waste Disposal
Regulations;
3.
Ordering the Respondents to cease and desist from any
further violations
of Sections 21(d) (2)
of the Act,
and Sections
807.623(a),
of the Board’s Waste Disposal Regulations;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents,
jointly and severally,
for
each violation,
and an additional civil penalty of Ten Thousand
Dollars
($10,000.00) per day of violation;
5.
Requiring the Respondents to pay all costs,
including
expert witness, consultant and attorney fees,
expended by the State
49
in its pursuit of this action;
and
6.
Granting such other relief as the Board deems
appropriate.
PEOPLE OF THE STATE OF ILLINOIS,
ex
rd.
LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
By:______________________
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
Christopher Grant
Assistant Attorneys General
100 West Randolph Street,
11th Floor
Chicago,
IL 60601
(312)
814-5388
50
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MAJJIGAN,
Attorney General
of the State of Illinois,
Complainant,
vs.
.
)
PCB No. 97-193
COMMUNITY LANDFILL COMPANY,
INC.,
an Illinois corporation.
Respondent.
CERTIFICATE OF SERVICE
I,
CHRISTOPHER GRANT,
an attorney,
do certify that
I caused
to be served this 30th day of December,
2003,
Complainant’s
proposed Third Amended Complaint,
as attachment to the prior-
filed Motion for Leave to File Third Amended Complaint,
and
Notice of filing, upon the persons listed below by placing same
in an envelope bearing sufficient postage with the United States
Postal Service located at 100 W.
~
CHRISTOPHER GRANT
SERVICE LIST:
Mr. Mark Larose
Ms. Clarissa Grayson
Larose & Bosco,
Ltd.
734 N.
Wells Street
Chicago,
IL 60610
Mr. Bradley
P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph
Chicago, Illinois 60601
