cE~
FEB
-
92004
STATE OF ILLINO
:on Control Board
OFFICE
OF THE ATTORNEY GENERAL
STATE
OF ILLINOIS
LisaMadigan
Afl’ORNEY GENERAL
February 4,
2004
The Honorable
Dorothy
Gunn
!~IinoisPollution Control
Board
James
R. Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Whiteway
Sanitation,
Inc.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
APPEARANCE and COMPLAINT in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies
of the
documents
to
our
office
in
the
enclosed
self-addressed,
stamped envelope.
Thank
you for your cooperation and
consideration.
Very truly yours,
Sally Akarter
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
SAC/pp
Enclosures
500
South
Second
Street, Springfield, Illinois
62706
•
(217)
782-1090
•
TTY:
(217)
785-2771
•
Fax: (217) 782-7046
100
West Randolph
Strect, Chicago.
Illinois
60601
•
(312) 814-3000
•
‘I”l’Y: (312)
814-3374
•
Fax:
(312) 814-3806
1001
East
Main, Carbondale,
Illinois
62901
•
(618) 529-640()
•
‘f’TY: (61$)
529-6403
•
Fax:
(618)
529-6416
REcE~vED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
FEB
-
92004
PEOPLE OF
THE STATE OF
)
STATE
OF
ILLINOIS
ILLINOIS,
)
OIIut,on Control
Board
Complainant,
vs.
)
No.
WHITEWAY
SANITATION,
INC.,
)
an
Illinois
corporation,
)
Respondent.
NOTICE
OF FILING
To:
Myrtle Pointer
Registered Agent
98 Curtis Street
Jerseyville,
IL 62052-2202
PLEASE TAKE
NOTICE that on this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is attached
hereto
and
herewith
served upon
you.
Failure
to
file an
answer tóthis
Complaint within
60 days
may
have
severe
consequences.
Failure to
answer will mean
that all
allegations
in
this Complaint
will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure, you
should contact the hearing
officer assigned
to this proceeding, the Clerk’s Office
or an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing
Act, 20
ILCS 3515/1
(1994), to
correct the pollution alleged in
the Complaint filed
in this
case.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_______________
SALL~tA.CARTER
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February 4,
2004
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
February 4,
2004,
send by
certified
mail, with
postage thereon
f~Ily
prepaid,
by depositing
in a
United States
Post
Office
Box a true and
correct copy of the
fllowing
instruments entitled
NOTICE OF FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Myrtle Pointer
Registered Agent
98
Curtis
Street
Jerseyville,
IL 62052-2202
and
the original and
ten copies
by
First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
S~lly
A. ~‘arter
Assistant Attorney General
This filing is submitted
on
recycled paper.
•
RECEIVED
CLERK’SOFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
FEB
-
92004
STATE OF ILLINOIS
PEOPLE OF THE STATE
OF
)
Pollution
Control Board
ILLINOIS,
)
Complainant,
vs.
)
Noj
WHITEWAY SANITATION, INC.,
)
an
Illinois corporation,
)
Respondent.
ENTRY OFAPPEARANCE
On behalfoftheComplainant, PEOPLEOFTHESTATE
OF ILLINOIS, SALLYA. CARTER,
Assistant Attorney General of the State of Illinois, hereby enters her appearance as attorney of
record.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation Division
BY:____________
SALLY A.
GARTER
Environmental
Bureau
Assistant Attorney General
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February 4,
2004
RECEIVED
CLERK’S OFFICE
FEB
-
92004
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
STATE OF ILLINOIS
PEOPLE OF THE STATE
OF ILLINOIS,
)
Pollution
Control Board
)
Complainant,
-vs-
)
PCB No.
)
WHITEWAY SANITATION,
INC.,
)
an Illinois
corporation,
)
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of Illinois,
and
at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
complains of the Respondent,
WHITEWAY SANITATION,
INC.,
an
Illinois
cO
br~tiOn~as
fOlIO
i~
-
COUNT
I
OPEN
DUMPING
1.
This Complaint is brought by the Attorney General
on
her own
motion
and
at the
request of the Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental
Protection
Act (“Act”), 415 ILCS
5/31
(2002).
2.
The Illinois
EPA is an agency of the
State of
Illinois created
by the
Illinois
General Assembly
in
Section 4 of the Act, 415 ILCS 5/4 (2002),
and
charged,
inter a/ia,
with the
duty of enforcing
the Act in
proceedings before the
Illinois
Pollution Control
Board
(“Board”).
3.
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002),
after providing the
Respondent with
notice and
opportunity for a
meeting with the Illinois
EPA.
4.
The Respondent,
Whiteway Sanitation,
Inc.
(“Whiteway”) is an
Illinois
corporation
in good
standing.
Myrtle Pointer
(“Pointer”),
is the registered agent for Whiteway
and
may be reached at
98 Curtis
Street, Jerseyville,
Illinois 62052-2202.
Whiteway’s office
and
garage facility
are located on this site at 98 Curtis
Street, Jerseyville,
Illinois
(“site”).
5.
Section
21
of the Act, 415
ILCS
5/21
(2002),
provides,
in pertinent part,
as
follows:
No person
shall:
a.
Cause or allow the open dumping
of any waste.
d.
Conduct any waste-storage, waste-treatment,
or waste-disposal
operation:
1.
Without a permit granted
by the Agency or in
violation of any
conditions
imposed by
such permit...
2.
In violation of any regulations or standards adopted by the
Board
under this Act.
e.
Dispose, treat,
store,
or abandon any waste, or transport any waste
into
this State for
disposal, treatment~
storage or abandonment, except at a
site or facility which meets the requirements of thisAct and of regulations
and standards
there under.
***
p.
In violation
of subdivision
(a) of this Section, cause or allow the open
dumping
of any waste in a manner which results in any of the following
occurrences at the dump site:
1.
Litter.
***
7.
Deposition
of general construction or demolition debris as defined
in
Section 3.78
of the Act.
***
2
6.
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.
***
7.
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 ofwaste 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.
***
8.
Section 3.160
of the Act,
415 ILCS 5/3.160,
provides,
in
pertinent part, the
following:
(a)
“GENERAL CONSTRUCTION OR DEMOLITION DEBRIS” means
non-hazardous, uncontaminated
materials
resulting from the
construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following:
bricks, concrete,
and other masonry materials; soil; rock; wood, including non-
hazardous painted, treated,
and
coated wood
and
wood products;
wall coverings; plaster;
drywall; plumbing fixtures; non-asbestos
insulation;
roofing shingles
and other roof coverings; reclaimed
asphalt pavement;
glass;
plastics that are
not sealed in
a manner
that conceals waste;
electrical wiring
and
components containing
no hazardous substances;
and
piping
or metals
incidental to
any
of those materials.
General construction or demolition debris does
not
include
uncontaminated
soil
generated during
construction,
remodeling,
repair, and
demolition of
utilities, structures,
and
roads
provided the
uncontaminated soil
is not commingled with any
general
construction or demolition debris or other
waste.
3
9.
On
May 28, 2003,
the Illinois
EPA received
complaints that waste
was
being
stored
at the
site.
10.
On
May 28, 2003, the Illinois EPA conducted
an inspection
of the site.
Over
thirty dumpsters, some
covered
and
some uncovered,
containing trash
bags and
household
refuse were observed.
Two inoperable
garbage
packer trucks,
one
containing household
refuse, and
five garbage
packer truck beds were noted.
11.
One inoperable garbage
packer truck referenced
in
paragraph
10 was located
north of the southwest corner of the site.
The area around this truck was
contaminated with
spilled
used
oil.
12.
On
the same date,
the Illinois
EPA observed
an
inoperable flatbed truck,
loaded
with
old
mattresses and furnitureexposed
totheelements.• kpanel
truck
bed
containing
cardboard
and scrap
metal
were also present at the site.
13.
The
Illinois
EPA further observed eleven 5-gallon plastic buckets of used oil,
none properly labeled
and four without lids, with
evidence of oil
spillage.
14.
On
the same date, the Illinois
EPA further noted,
scattered
throughout the site,
scrap metal, old
furniture,
wood waste, white
goods,
demolition waste,
used
and waste tires,
and
general
refuse.
15.
Pointer was present
at the site during the
May 28, 2003,
inspection and
claimed
that
most of the waste
had come from a village-wide
cleanup the previous weekend
in
Kane,
Illinois.
16.
While
the Illinois EPA found newspapers from May
17 and
18,
2003,
in some
dumpsters, waste
in
other dumpsters
appeared to
be weathered.
Pointer stated that the
4
inoperable garbage packer truck containing household
refuse
had been sitting
there since
winter.
17.
A Violation Notice (“VN”)was issued toWhiteway on June 12, 2003. TheVN
recommended that all wastes be
removed from the site
and
properly disposed or recycled
by
August
15, 2003.
Whiteway
submitted
a Compliance Commitment Agreement (“CCA”) to
the
Illinois EPA by facsimile on July 30, 2003,
indicating that much
of the waste
had already been
removed from the site,
that the
used and waste
tires would
be
removed within thirty days, and
that
a licensed testing company would
be addressing the
used oil
issues.
18.
The CCAwas rejected
by the
Illinois EPA on August 15,
2003,
since
no
commitment to complete waste removal was made,
other commitments
lacked completion
deadlines, and the CCA was submitted
after the 45-day response
period
had expired.
The illinois EPAperformed.a follow-up
inspection on July 30, 2003.
The Illinois
EPA found
that most of the waste that caused
the previous
VN to be issued was still present.
20.
A Notice of Intent to
Pursue
Legal Action was issued to Whitewá~onA~ist29~
2003.
21.
-The
Illinois EPA returned tothe site on
September 19,
2003.
The inspection
showed that a considerable amount of the general refuse had been removed and the
previously
inoperable garbage packer truck containing
waste
had
been repaired.
Pointer said
that the
truck had
been sold
to
a waste disposal
company.
22.
While
at
the site on September 19,
2003, the
Illinois EPA observed one of the
garbage packer truck beds
being
loaded
on to a semi-trailer.
Two inoperable trucks,
three
truck beds, approximately twelve damaged dumpsters,
scrap
metal, and twelve
used or waste
tires were
still
present at
the site.
23.
The Illinois
EPA further
noted that the previously
observed oil-contaminated soil
5
f~adstill
not been
cleaned up
by September 19, 2003.
24.
On
or before
May 28, 2003,
and
continuing through the date on which this
Complaint is filed, the Respondent has
caused or allowed the open dumping of waste at
a
disposal site upon
its property through the consolidation of refuse from numerous sources.
The
sue is not permitted
by the Illinois
EPA as
a sanitary landfill
nor does the disposal site meet the
requirements of the Act and of the regulations and
the standards
promulgated
thereunder.
25.
By causing
or allowing the open
dumping of waste,
the Respondent has violated
Section 21(a) of the Act, 415 ILCS 5/21(a) (2002).
26.
On or before May
28, 2003,
and
continuing through the date on which this
Complaint is filed,
the Respondent has conducted a waste-storage or waste-disposal operation
upon
its property without a permit
granted
by the Illinois EPA or in violation
of any regulations or
standards adopted by the Board.
27.
By conducting
a waste-storage or waste-disposal
operation upon
its property
without
a permit granted
by the Illinois
EPA or in~vioIationof any regulations or standards
adopted
by the Board, the Respondent has violated Section
21(d) of the Act, 415
ILCS 21(d)
(2002).
28.
On
or before
May 28, 2003, and
continuing through the date on which this
Complaint
is filed,
the Respondent has disposed
or stored
waste at a site upon
its property,
or
transported waste for disposal or storage to
a site
upon
its property,
and such
site does not
meet the requirements of the Act
and of the standards and
regulations promulgated thereunder.
29.
By disposing or storing
or transporting waste
at or to a
site which does not meet
the requirements of theAct and of the
standards and regulations promulgated thereunder,
the
Respondent has
violated
Section
21(e) of the Act, 415 ILCS 5/21(e) (2002).
6
30.
On
or before May 28, 2003, and
continuing through the date on which this
Complaint
is filed,
the Respondent has
caused or allowed the open dumping of waste
in a
manner which
has
resulted in
litter.
31.
By causing or allowing the open dumping of waste
in a manner which has
resulted in
litter at
or from the dump site,
the Respondent has
violated
Section
21 (p)(l) of the
Act, 415 ILCS S/21(p)(1)
(2002).
32.
On
or before May 28, 2003,
and continuing through the date on which this
Complaint is filed,
the Respondent has caused
or allowed the open
dumping of waste
in a
manner which
has
resulted
in the deposition of general construction or demolition debris.
33.
By causing
or allowing the open dumping of waste in a manner which
has
resulted
in the deposition of general
construction or demolition debris,
the Respondent has
violated
Section 2l(p)(7) of the Act, 415
ILCS 5/2l(p)(7) (2002).
PRAYER
FOR RELIEF
•
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the Board
enter an Order against the Respondent:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding
that Respondent has violated the Act and
regulations as
alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to
Section 42(a) of the Act,
415
ILCS
5/42(a)
(2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f)
of the Act, 415
ILCS 5/42(f) (2002),
awarding
to
Complainant its costs and
reasonable attorney fees;
and
7
F.
Granting such other relief as the
Board
may deem appropriate.
COUNT
II
WASTE DISPOSAL
PERMIT VIOLATIONS
1-23.
Complainant realleges and incorporates
by reference herein paragraphs
I
through
23 of
Count
I as paragraphs
1
through 23 of this Count II.
24.
Section 812.101 of the
Board’s Waste
Disposal
Regulations,
35111.
Admin.
Code
812.101(a) (1994), provides:
a)
All persons, except those specifically exempted by
Section
21(d) of the Environmental Protection Act
(Act)
(Ill. Rev.
Stat.
1992,
ch.
111
1/2,
par. 1021(d)
415
ILCS 5/21(d)
shall submit to the Agency an
application for a
permit to develop and
operate a
landfill.
The application must contain the
information
required by
this Subpart and by
Section
39(a) of the Act, except as otherwise
provided
in
35
III. Admin.Code-817.•
—
••
••
•
~•~•••
25.
This site does
not have an
Illinois EPA permit to
develop and
operate a
landfill.
26.
On
or before
May 28, 2003,
and
continuing through the date on which this
Complaint is filed,
the Respondent has developed
and
operated a
landfill
without
a permit
issued
by
the Illinois EPA,
thereby violating
35111. Admin.
Code
812.101 (a) (1994) and
Section
21 (d)(2) of the Act, 415
ILCS
5/21 (d)(2) (2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the
State of Illinois,
respectfully requests
that the Board enter an Order against the Respondent:
A.
Authorizing
a hearing
in this matter
at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding
that Respondent has
violated
the Act and
regulations
as
alleged
herein;
8
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated
regulations;
D.
Pursuant to Section
42(a) of the Act, 415 ILCS
5/42(a) (2002),
impose a civil
penalty of not more than the statutory
maximum;
E.
Pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable attorney fees; and
F.
Granting
such other relief as the Board
may deem
appropriate.
COUNT
III
WASTE STORAGE
PERMIT VIOLATIONS
1-23.
Complainant realleges and
incorporates
by reference herein
paragraphs
1
through 23 of Count
I
as paragraphs
1
through 23 of this Count Ill.
-
---Section
3:470-of the Act,-41 5- ILCS 5/3.470 (2002),
provides:
“SOLID WASTE” means waste.
25.
Section
807.201
of the Board’s Waste Disposal
Regulations,
35
III.
Admin.
Code
807.201
(1994),
provides:
-
~Subjectto
such exemption
as expressly provided
in
Section
21(e)
(Ill. Rev. Stat.
1981,
ch.
111
~
par.
1021(e)) of the Act as
to the
requirement of obtaining a
permit,
no
person shall cause or allow
the development of any new solid waste management
site or
cause or allow the modification of an existing solid waste
management
site without a Development Permit issued
by the
Agency.
26.
Section
807.202(a)
of the Board’s Waste Disposal
Regulations,
35
III.
Admin.
Code 807.202(a) (1994),
provides:
Subject to such
exemption
as expressly provided
in
Section 21(e)
of the Act (Ill.
Rev.
Stat.
1982,
ch.
111
1/2,
par. 1021(e))
as to
the
requirement of obtaining a
permit,
no person shall cause
or allow
the use
or operation
of any solid waste management site for
which
a Developmental
Permit is required
under Section
807.201
without an Operating
Permit issued
by the Agency, except for
9
such testing operations
as may be authorized
by the Development
Permit.
27.
This site does not
have an
Illinois EPA permit to
conduct
a waste
storage or
waste
disposal operation.
28.
On
or before
May 28, 2003,
and
continuing through the date on which this
Complaint is filed, the Respondent has developed
a solid waste site without
a Development
Permit issued
by the
Illinois
EPA, thereby violating 35
III.
Admin.
Code 807.201.
29.
By allowing
the use or operation of any solid waste management site for which a
Development Permit is
required without an Operating
Permit issued by the
Illinois
EPA, the
Respondent has violated
35
III.
Admin.
Code 807.202(a).
30.
By violating 35
III.
Admin.
Code 807.201
and
807.202(a), the Respondent has
violated
Section
21(d)(2) of the Act, 415
ILCS 5/21(d)(2)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the People of
the
State
of Illinois,
respectfully requests
that the
Board
enter an
Order against the
Respondent:
A.
Authorizing a
hearing in this matter at
which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that
Respondent has violated the Act and
regulations as
alleged
herein;
C.
Ordering
Respondent to cease and desist from
any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a)
(2002), impose a civil
penalty of not more
than the statutory maximum;
E.
Pursuant to
Section
42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its
costs and
reasonable attorney fees;
and
F.
Granting such other
relief as the
Board
may deem
appropriate.
10
COUNT IV
TIRE VIOLATIONS
1-23.
Complainant realleges and
incorporates
by reference herein
paragraphs
1
through 23 of Count
I
as paragraphs I
through 23
of this Count IV.
24.
Section 55(a)(1)
of the Act, 415
ILCS 5/55(a)(1)
(2002),
provides:
No person shall:
1.
Cause or allow the open dumping of any used
or waste tire.
3.
Except at a tire storage site which contains more than
50 used
tires,
cause
or allow the storage of any used
tires unless the tire is altered,
reprocessed,
converted,
covered, or otherwise prevented from
accumulating water.
25.
Section 54.13 of the Act, 415 ILCS 5/54.13
(2002),
provides:
“Used
tire” means a
worn,
damaged, or defective tire which
is
not
mounted on
a vehicle.
26.
Section
54.16
of the Act, 415
ILCS 5/54.16
(2002),
provides as
follows:
-
“Waste tire” means a
used tire that has
been disposed
of.
•
27.
The Respondent has
caused or allowed. the open dumping
of used
or waste tires
thereby violating
Section
55(a)(1) of the Act, 415
ILCS 5/55(a)(1)
(2002).
28.
The Respondent has caused
or allowed the storage of any used tires capable
of
accumulating water, thereby violating
Section
55(a)(3) of the Act, 415
ILCS
5/55(a)(3) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the
Board
enter an
Order against the Respondent:
A.
Authorizing
a
hearing
in this matter
at which time the Respondent will be
required to answer the allegations herein;
B.
Finding
that Respondent has
violated
the Act and
regulations as alleged
herein;
11
C.
Ordering Respondent to cease and
desist from any further violations of the Act
and
associated
regulations;
D.
Pursuant to
Section 42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose a
civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
awarding to
Complainant
its costs and
reasonable attorney fees; and
F.
Granting such other relief as
the
Board
may deem appropriate.
COUNT V
GARBAGE TRANSFER STATION
VIOLATIONS
1-23.
Complainant realleges and
incorporates
herein
paragraphs
1
through 23
of
Count
I
as paragraphs
1
through 23
of this Count V.
24.
Section
22.14(a)of-the Act-,-41-5•ILCS 5/22~•i4(a),provides:
-
No person may establish
any pollution control facility for use
as a
•
garbage transfer station,
which is located less than
1000 feet from
the nearest property zoned for primarily residential uses or within
1000 feet of any dwelling,
except
in counties of at least 3,000,000
inhabitants.
25.
Section
3.500
of the Act, 415 ILCS 5/3.500 (2002),
provides:
“Transfer station” means a site or facility that accepts waste for
temporary storage or consolidation and further transfer to
a waste
disposal, treatment or storage
facility.
“Transfer station”
includes
a site where waste
is transferred
from:
1.
a rail carrier to a motor vehicle or water carrier;
2.
a water carrier to a
rail carrier or motor vehicle;
3.
a motor vehicle to
a rail carrier, water carrier or
motor vehicle;
4.
a rail carrier to a rail carrier,
if the waste is removed
from a rail car; or
5.
a water carrier to a water carrier,
if the waste is
removed from a vessel.
“Transfer station” does
not include
(i)
a site where waste is not
removed from the transfer container,
or (ii) a
site that accepts or
12
receives open top units containing only clean construction and
demolition debris, or (iii) a site that stores waste
on a refuse
motor
vehicle or in the vehicle’s detachable refuse receptacle for
no
more than 24 hours,
excluding Saturdays,
Sundays, and
holidays,
but only if the detachable refuse receptacle
is completely covered
or enclosed
and is stored
on the same site
as the refuse
motor
vehicle that transported the receptacle to
the site.
Nothing
in this Section shall
be construed
to
be less stringent than
or inconsistent with
the provisions of the federal Resource
Conservation
and
Recovery Act of 1976 (P.L.
94-480) or
regulations adopted
under it.
26.
Waste brought to
this site was dumped
on the ground
or stored
at the site for
more than 24
hours
in the same receptacle that
brought it
to the site,
making this site a transfer
station pursuant to Section
3.500 of the Act, 415
ILCS 5/3.500
(2002).
This facility is located
within
1000 feet of a dwelling.
27.
By establishing a pollution control facility for use as
a garbage transfer station,
located
less than
1,000 feet from the nearest property zoned for primarily residential
uses or
within
1,000 feet of any dwelling, the Respondent violated
Section 22.14(a) of the Act,
415
ILCS
5/22.14(a) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of
Illinois, respectfully requests
that the Board enter an Order against the Respondent:
A.
Authorizing
a
hearing in
this matter
at which time the
Respondent will
be
required to
answer the allegations
herein;
B.
Finding
that
Respondent has
violated the Act
and
regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil
penalty of not more than the statutorymaximum;
13
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002),
awarding
to
Complainant its costs and
reasonable attorney fees; and
F.
Granting
such other relief as the Board
may deem
appropriate.
COUNT VI
FAILURE TO CHARACTERIZE A WASTE
1-23.
Complainant realleges and
incorporates
herein paragraphs
1
through
23 of
Count
I
as paragraphs
1
through 23 of this Count VI.
24.
Section
722.111
of the Board’s Waste
Disposal
Regulations,
35
III. Admin.
Code
722.111
(1994) provides:
A person
who generates a
solid waste, as defined in
Section
721.102, shall determine
if that
waste
is a hazardous waste using
the following method:
(a)
The person should
first determine
if the waste is excluded from regulation
under
35
III. Admin.
Code 721.104.
The person should then determine
if the waste is listed as a hazardous
waste in
35
III. Admin. Code 721 Subpart D.
(Board
Note:
Even
if a waste
is listed, the generator still
has
an
opportunity under 35
III. Admin.
Code 720.122 and 40
CFR 260.22 (1986)
to
demonstrate that the waste
from the generator’s particular facility or
operation
is not a hazardous waste).
(c)
For purposes of compliance with
35
III.
Admin.
Code 728,
or if the waste
is not
listed as
a
hazardous waste
in 35
III. Admin.
Code 721
Subpart
D,
the generator shall then
determine whether the waste
is identified
in 35
Ill. Admin.
Code 721
Subpart C either:
(1)
Testing the waste according
to the methods set forth
in 35
III.
Admin.
Code 721
Subpart
C,
or according
to an
equivalent
method
approved
by the
Board
under 35
III.
Admin.
Code
720.121; or
(2)
Applying
knowledge of the hazard characteristic
of the waste in
light of the materials or processes
used.
(d)
If the generator determines
that the waste is hazardous,
the generator
shall refer to
35
III. Admin.
Code 724, 725,
728,
and 733 for possible
14
exclusions
or restrictions
pertaining to
the management of the specific
waste.
25.
Section
808.121
of the Board’s Waste
Disposal Regulations,
35111. Admin.
Code
808.121
(1994),
provides:
Each
person who generates waste shall determine whether the
waste
is a special
waste.
26.
By generating
a solid waste and failing
to determine whether the waste is a
hazardous waste,
the Respondent has violated
35111. Admin.
Code 722.111
(1994)
and Section
21(d)(2) of the Act, 415 ILCS 5/21(d)(2) (2002).
27.
By generating a waste and failing
to determine whether the waste
is a
special
waste, the Respondent has violated 35
III.
Admin.
Code 808.121
(1994)
and Section
21(d)(2) of
the Act, 415
ILCS 5/21(d)(2)
(2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
--
-
-
-
tF~af
the Board enter an
Order against the Respondent:
•
•
A.
Authorizing
a hearing
in this matter
at which time the
Respondent will
be
required to
answer the allegations
herein;
B.
Finding
that Respondent has violated
the Act and
regulations as
alleged herein;
C.
Ordering Respondent to
cease and
desist from
any further violations
of the Act
and associated
regulations;
D.
Pursuant to Section
42(a) of the
Act, 415 ILCS 5/42(a) (2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable attorney fees;
and
F.
Granting
such
other relief as
the
Board
may deem appropriate.
15
COUNTVII
LABEL VIOLATIONS
1-23.
Complainant realleges and
incorporates herein
paragraphs
1
through 23 of
Count las
paragraphs
1
through 23
of this Count VII.
24.
Section
739.122 of the Board’s Waste Disposal Regulations,
35111. Admin.
Code
739.122
(1994),
provides,
in pertinent
part:
Used oil generators are
subject
to all applicable federal Spill
Prevention, Control and
Countermeasures
(40
CFR 112) in
addition
to the requirements
of this Subpart.
Used
oil
generators
are also
subject to the Underground
Storage Tank (35
III. Admin.
Code
731) standards for used
oil
stored
in underground
tanks
whether or not the
used oil
exhibits any characteristics of
hazardous waste,
in addition
to the requirements
of this subpart.
***
(c)
Labels
-
--
•
(1)
Containers and aboveground tanks
used to store used
oil at
generator facilities
must be labeled or marked
clearly with the
words “Used
Oil.”
25.
By failing to
label the containers storing used
oil,
the Respondent has
violated 35
III.
Admin.
Code 739.122(c)
(1994).
26.
By violating 35
III.
Admin.
Code 739.122(c), the
Respondent
has
violated Section
21(d)(2) of the Act, 415
ILCS 5/21(d)(2)
(2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the
Board
enter an
Order against the Respondent:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required
to answer the allegations herein;
B.
Finding that
Respondent has
violated the Act and
regulations as alleged
herein;
16
C.
Ordering Respondent to
cease and
desist from any further violations of the Act
and
associated
regulations;
•
D.
Pursuant to Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of not more than the statutory
maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
awarding to
Complainant its costs
and
reasonable attorney fees;
and
F.
Granting such
other relief as the Board
may deem
appropriate.
COUNT VIII
FAILURE TO PERFORM CLEANUP OF USED OIL
1-23.
Complainant realleges and
incorporates
herein paragraphs
1 through 23 of
Count
I
as paragraphs
1
through 23
of this Count VIII.
~•~24~_•~•
Section139.122(d) of the Board’s Waste Disposal
Regulations,
35111. Admin.
Code 739.122(d),
provides:
Used oil generators are
subject
to all applicable féderalSpil
Prevention, Control and
Countermeasures
(40 CFR
112)
in
addition
to the requirements
of this Subpart.
Used
oil
generators
are also subject
to the Underground
Storage Tank (35
III. Admin.
Code 731)
standards for used
oil stored
in
underground tanks
whether or not the
used
oil exhibits any characteristics of
hazardous waste,
in addition
to
the requirement of this Subpart.
(d)
Response to
releases.
Upon detection of a release
of used
oil
to the environment that is not subject
to
the federal requirements
of 40 CFR 280,
Subpart
F
and which
has
occurred after October 4,
1996,
a
generator shall perform the following
cleanup
steps:
BOARD NOTE:
Corresponding 40 CFR 279.22(d)
applies
to
releases that “occurred after the effective
date of the authorized
used
oil
program for the
State
in which the release
is located.”
The
Board
adopted the
used oil
standards in docket
R93-4 at
17
17
III.
Reg.
20954, effective November 22,
1993.
USEPA approved the Illinois standards at
61
Fed.
Reg. 40521
(Aug. 5,
1996),
effective October 4,
1996.
The Board
has interpreted
“the effective
date of the authorized
used
oil program” to
mean
the October 4,
1996 date
of federal authorization of
the Illinois program,
and we substituted that date
for the federal effective date language.
Had
USEPA written something like “the effective date of
the
used oil program
in the authorized
State in
which the release
is located,” the
Board would
have
used the November 22, 1993 effective date
of the
Illinois used
oil standards,
1)
Stop the release;
2)
Contain the released used
oil;
3)
Properly clean
up and
manage the released used
oil and other
materials;
and
4)
If necessary, repair or replace any leaking
used oil storage
containers or tanks
prior to
returning
them to
service.
25.
Upon detection of a release of used oil
to the environment,
the Respondent
failed
to stop the release;~containthe released used oil,
clean-up and
properly manage the
released
used
oil and
other material,
and
repair or replace any leaking
used
oil storage
containers
or tanks prior to returning them to service.
By so doing, the Respondent has
violated
Section 739.122(d) of the Board’s Waste Disposal
Regulations,
35
III.
Admin.
Code
739.122(d).
26.
By violating
Section
739.122(d) of the Board’s Waste
Disposal Regulations,
35
Ill. Admin.
Code 739.122(d),
the Respondent has violated Section
21(d)(2) of the Act, 415
ILCS
5/21 (d)(2)
(2002).
18
PRAYER
FOR
RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respecifully requests
that the
Board enter an
Order against the Respondent:
A.
Authorizing
a
hearing
in this matter at which time the Respondent will
be
required to answer the allegations
herein;
B.
Finding that Respondent has
violated the Act and
regulations
as alleged
herein;
C.
Ordering Respondent to
cease and desist from
any further violations
of the Act
and associated
regulations;
D.
Pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of not more than the statutory
maximum;
E.
Pursuant to Section
42(f) of the Act, 415
ILCS 5/42(f) (2002),
awarding to
Complainant
its
costs and
reasonable
attorney fees;
and
F.
Granting such
other relief as the
Board
may deem appropriate.
-
•
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
ex
re/.
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement
Division
BY:______________________
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
Environmental
Bureau/Springfield
500
South Second Street
Springfield,
lllinpis 6?706
Date:_____________________
19
