RECE~VED
    CLERK’S OFFICE
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MAY 2 1200k
    PEOPLE OF THE STATE OF ILLINOIS,
    by LISA MADIGAN, Attorney
    )
    Board
    General of the State of Illinois,
    Complainant,
    -vs-
    )
    PCB No.O~1
    (Enforcement)
    EDWARD PRUIM, an individual, and
    ROBERT PRUIM, an individual,
    Respondents.
    NOTICE OF FILING
    PLEASE TAKE NOTICE that we have today, May 21, 2004, filed
    with the Office of the Clerk of the Illinois Pollution Control
    Board an original and nine copies of our Complaint, a copy of
    which is attached herewith and served upon you.
    Failure to file an answer to this complaint within 60 days
    may have severe consequences. Failure to answer will mean that
    all allegations in the 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.
    PEOPLE OF THE STATE OF ILLINOIS
    LISA M4DIGAN
    /
    Attorn4y Genera/l of the
    S ~‘e f Illin is
    BY:
    _____
    CH~STOPHER GRANT
    ‘~
    As/~j/stant Attorney General
    EnVironmental Bureau
    188 W. Randolph St.,
    20th
    Flr.
    Chicago, IL 60601
    (312)
    814-5388
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    RECEflVED
    CLERK’S OFFICE
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    MAY 2 1 2004
    by LISA MADIGAN, Attorney
    General of the. State of Illinois,
    )
    STATE
    OF ILLINOIS
    Pollution Control Board
    Complainant,
    -vs-
    )
    PCB No. V
    I
    (Enforcement)
    EDWARD PRUIM, an individual, and
    ROBERT PRUIM, an individual,
    Respondents.
    COMPLAINT
    Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
    Attorney General of the State of Illinois, on her own motion,
    complains of Respondents, EDWARD PRUIM, an individual, and ROBERT
    PRUIM, an individual, as follows:
    COUNT I
    FAILURE TO ADEQUATELY MANAGE REFUSE AND LITTER
    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. Respondent EDWARD PRUIM is an Illinois resident.
    3. Respondent ROBERT PRUIM is an Illinois resident.
    4. At all times relevant to this Complaint, the Respondents
    managed, operated and co-owned Community Landfill Company(TCLCI), an
    Illinois corporation. CLC is the permitted operator of the Morris
    Community Landfill, 1501 Ashley Road, Morris, Grundy County,
    Illinois, (landfi1l~ or “site”)
    5. The landfill consists of approximately 119 acres within
    1
    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, Grundy County, Illinois.
    6. The landfill is divided into two parcels, designated
    Parcel A and Parcel B.
    7. Parcel A is approximately 55 acres in size, and is
    currently accepting waste.
    8. Parcel B is approximately 64 acres in size.
    9. At all times relevant to the Complaint, Edward Pruim and
    Robert Prüim were responsible for, and did, sign and submit all
    permit applications and reports to the Illinois Environmental
    Protection Agency (“Illinois EPA”) related to the landfill, jointly
    directed and managed CLC’s landfill operations, caused and allowed
    the deposit of waste in the landfill, negotiated and 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.
    10. Section 3.185 of the Act, 415 ILCS 5/3.185 (2002),
    provides the following definition:
    ‘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.
    11. Section 3.270 of the Act, 415 ILCS 5/3.270 (2002),
    provides the following definition:
    “LANDSCAPE WASTE” means all accumulations of grass or
    2
    shrubbery, cuttings, leaves, tree
    limbs
    and other
    materials accumulated as the result of the care of lawns,
    shrubbery, vines and trees.
    12. 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.
    13. The Respondents are “persons” as that term is defined
    by Section 3.315 of the Act, 415 ILCS 5/3.315 (2002)
    14. 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.
    15. 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,
    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
    3
    regulations thereunder or any law or rule or regulation
    adopted by the State of Illinois pursuant thereto.
    16. 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
    ***
    17. On at leastthe 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.
    18. 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.
    19. During the March 22, 1995, inspection, the Illinois EPA
    inspector observed refuse in a perimeter ditch and in a retention
    pond at the landfill.
    20. During the May 22, 1995, inspection, the Illinois EPA
    inspector observed refuse and litter in the perimeter ditches.
    21. Also during the May 22, 1995 inspection, the Illinois EPA
    inspector observed three eroded areas where leachate seeps had
    exposed previously covered refuse.
    22. During the July 28, 1998 inspection, there was uncovered
    4
    waste from previous operating days in parcel A.
    23. 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.
    24. On May 11, 1999, the landfill was accepting waste, and
    there was uncovered waste at the site.
    25. On July 20, 1999, the landfill was accepting waste in
    Parcel A, and there was uncovered refuse on Parcel B.
    26. 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:
    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.
    27. 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
    5
    a covered container.
    28. Litter and refuse are waste as that term is defined in
    Section 3.535 of the Act, 415 ILCS 5/3.535 (2002).
    29. The site is a sanitary landfill that requires a permit
    under Section 21(d) of the Act, 415 ILCS 5/21(d) (2002)
    30. By failing to remove, or cause employees to remove refuse
    in perimeter ditches and the retention pond on March 22, 1995, and
    by allowing refuse to remain 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).
    31. 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(o) (5) (2002)
    .
    .
    32. 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 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)
    WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
    respectfully requests that the Board enter an order against
    Respondents 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;
    6
    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 35 Ill. Adm. Code 807.306;
    3. Ordering the Respondents to cease and desist from any
    further violations of Sections 21(d) (2), 21(o) (1), (5) and (12), and
    35111. Adm. Code 807.306;
    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) 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
    1-17. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 17 of Count I as paragraphs 1 through 17
    of this Count II as if fully set forth herein.
    18. During the April 7, 1994, inspection, the Illinois EPA
    inspector observed five leachate seeps along the northwest perimeter
    of Parcel B.
    19. During the March 22, 1995, inspection, the Illinois EPA
    inspector observed numerous leachate seeps at the northwest
    peri~meterof the landfill.
    20. During the May 22, 1995, inspection, the Illinois EPA
    inspector observed numerous leachate seeps along the north slope of
    7
    the landfill and in the north perimeter ditch which eventually
    drains into the Illinois River.
    21. 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);
    ***
    22. Section 807.314(e) of the Board’s Waste Disposal
    Regulations, 35 Ill. 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;
    23. Section 3.550 of the Act, 415 ILCS 5/3.550 (2002),
    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.
    24. 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
    8
    5/3
    .550 (2002)
    25. The Respondents failed to take sufficient action, or
    direct their employees to take sufficient action, to prevent
    leachate seeps from exiting the landfill.
    26. 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 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 the Respondents have caused or allowed
    violations of Sections 21(d) (2), 21(o) (2) and (3), and 35 Ill. Adm.
    Code 807.314(e);
    3. Ordering the Respondents to cease and desist from any
    further violations of Sections 21(d)(2), 21(o)(2) and (3), and 35
    Ill. Adm. Code 807.314(e);
    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) for each day of violation;
    5. Requiring the Respondents to pay all costs, including
    9
    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
    1-16. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 16 of Count I as paragraphs 1 through 16
    of this Count III as if fully set forth herein.
    17. 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.
    18. 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 the landscape waste had been
    deposited in the landfill area.
    19. On July 28, 1998, the Respondents were causing and
    allowing the landfilling of landscape waste at the site in Parcel A.
    20. By causing and allowing the landfilling of landscape
    waste, the Respondents violated Section 22.22(c) of the Act, 415
    ILCS 5/22.22(c) (2002).
    WHEREFORE, Complainant PEOPLE OF THE STATE OF ILLINOIS,
    10
    respectfully requests that the Board enter an order against
    Respondents, 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) 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
    1-16. Complainant realleges and incorporates by reference
    herein paragraphs 1 through i6 of Count I as paragraphs 1 through 16
    of this Count IV as if fully set forth herein.
    17. 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
    11
    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.
    18. 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 ofthe site.
    19. 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;
    ***
    20. Item 3 of CLC’s supplemental permit dated April 20, 1993,
    provided that financial assurance was to be maintained in an amount
    equal to $1,342,500.00.
    21. Item 3 of CLC’s supplemental permit dated April 20, 1993,
    approved the Respondents’ current cost estimate for $1,342,500.00.
    22. Respondents Edward Pruim and Robert Pruim failed to
    arrange financing and increase the total amount of CLC’s financial
    12
    assurance to $1,342,500.00, within 90 days after the Agency approved
    its cost estimate on April 20, 1993.
    23. Respondents arranged for and provided a performance bond
    for CLC on June 20, 1996.
    24. By continuing to allow acceptance of waste a the Site
    from July 13, 1993 until June 20, 1996, and by failing to provide
    adequate financial assurance, the Respondents 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)
    25. 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)
    26. Respondents caused and allowed CLC to be 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 EDWARD PRUIM, and ROBERT PPJJIM, 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 35 Ill. Adm. Code Sections
    807.601(a) and 807.603(b) (1);
    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
    35 Ill. Adm. Code Sections 807.601(a) and 807.603(b) (1);
    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) 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 V
    FAILURE TO TIMELY FILE THE REQUIRED
    APPLICATION FOR A SIGNIFICANT MODIFICATION
    1-16. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 16 of Count I as paragraphs 1 through 16
    of this Count V as if fully set forth herein.
    17. 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.
    b.
    ,
    The owner or operator of an existing unit shall
    submit information required by 35 Ill. Adm. Code 812
    14
    to demonstrate compliance with Subpart B, Subpart C
    or Subpart Dof 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)
    ci. The application shall be made pursuant to the
    procedures of 35 Ill. Adm. Code 813.
    18. The Respondents failed to cause CLC to file the required
    significant modification for Parcel B by June 15, 1993.
    19. The Respondents finally filed CLC’s significant
    modification on August 5, 1996, pursuant to a prospective variance
    issued by the Board.
    20. By failing to file CLC’s 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 EDWARD PRUIM, 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
    further violations of Section 21(d) (2) of the Act or Section
    15
    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
    1-21. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 21 of Count I as paragraphs 1 through
    21
    of this Count VI as if fully set forth herein.
    22. During the May 22, 1995, inspection;’ the Illinois EPA
    inspector observed leachate in the north perimeter ditch, which
    eventually drains into the Illinois River.
    23. 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 thisAct;
    24. Section 807.313 of the Board’s Waste Disposal
    Regulations, 35 Ill. Adm. Code 807.313, provides as follows:
    No person shall cause or allow operation of a sanitary
    16
    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.
    25. 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.”
    26. 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)
    27. 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.”
    28. 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).
    29. 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
    to livestock, wild animals, birds, fish, or other aquatic
    life.
    17
    30. 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)
    31. The Respondents failed to take sufficient action, or
    direct their employees to take sufficient action, to prevent
    leachate from flowing off-Site to the Illinois River. By 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 ILCS
    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 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 the Respondents have violated Sections 12(a)
    and 21(d) (2) of the Act and 35 Ill. Adm. Code 807.313;
    3.
    ‘
    Ordering the Respondents to cease and desist from any
    further violations of Sections 12(a) and 21(d) (2) of the Adt and 35
    Ill. Adm. Code 807.313;
    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) for each day of violation;
    5. Requiring the Respondents to pay all costs, including
    18.
    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 WASTE IN UNPERMITTED
    PORTIONS OF A LANDFILL
    1-15. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 15 of Count I as paragraphs 1 through
    15 of this ‘Count VII as if fully set forth herein.
    16. On June 5., 1989, supplemental development permit number
    1989-005-SP was issued to CLC for the vertical expansion of Parcel
    A and Parcel B.
    17. Supplemental developmental permit number 1989-005-SP,
    specifically incorporated, as part of said permit, the final plans,
    specifications, application and supporting documents that were
    submitted by the Respondents and approved by the Illinois EPA.
    18. The Respondents’ ‘supplemental development permit
    application, incorporated as part of supplemental development
    permit number 1989-005-SP, provides the maximum elevation for the
    landfill as 580 feet above mean sea level.
    19. Respondents, who managed and controlled the deposit of
    waste at the landfill, were therefore required not to allow the
    landfill elevation to exceed 580 feet above mean sea level.
    20. 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.
    19
    21. Despite having reported no remaining capacity in Parcel B
    at the site, the Respondents continued to cause and allow the
    deposit of waste in Parcel B after January 1, 1995.
    22. 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.
    23. On August 5, 1996, the Respondents caused CLC to file
    with the Illinois EPA, an application for significant modification
    of parcel B. The application contained a map which shows the
    current condition of parcel B.
    24. The map referenced in paragraph 23 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.
    25. On April 30, 1997, the Respondents caused CLC to submit
    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.
    26. On information and belief, to the date of filing this
    amended complaint, portions of Parcel B continue to exceed 580 feet
    above mean sea level.
    27. Section 21(o) (9) of the Act, 415 ILCS 5/21(o) (9) (2002),
    provides as follows:
    20
    No person shall:
    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.
    28. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    29. 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.
    30. By causing and allowing the deposit of 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 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
    each violation,’ and an addition civil penalty of Ten Thousand
    21
    .
    Dollars ($10,000.00) 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 VIII
    CONDUCTING A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
    1-26. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 26 of Count VII as paragraphs 1 through
    26 of this Count VIII as if fully set forth herein.
    27. 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.
    .
    28. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    29. 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.
    30. Neither the Respondents nor CLC have a permit for the
    disposal of waste above an elevation of 580 feet above mean sea
    22
    level.
    31. 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 caused and allowed the deposition
    of 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 EDWARD PRUIM, and ROBERT PRUIM, with respect to Count
    VIII:
    1. Authorizing a hearing in this matter at whic’h 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) 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 DUMPING
    1-26. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 26 of Count VII as paragraphs 1 through
    26 of this Count IX as if fully set forth herein.
    27. 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.
    28. 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’.
    29. 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.
    30. The landfill is a “disposal site” as those terms are
    defined in the Act.
    31. Since at least August 5, 1996, or a date better known to
    the Respondents, the Respondents caused or allowed the consolidation
    of refuse at the site, above the permitted elevation of 580 feet
    above mean sea level.
    .
    32. The consolidation of refuse at the site on Parcel B above
    the permitted elevation of 580 feet above mean ‘sea level, disposal
    areas that do not fulfill the requirements of a sanitary landfill,
    24
    constitutes “open dumping” as that term is defined in Section 3.24
    of the Act, 415 ILCS 5/3.24 (2002)
    33. The Respondents, by their conduct as 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
    Respondents 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) 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 X
    VIOLATION OF STANDARD CONDITION 3
    1-26. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 26 of Count VII as paragraphs 1 through
    25
    26 of this Count X as if fully set forth herein.
    27. 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 ma~be necessary to ensure compliance with this
    Act, and with regulations and standards adopted
    thereunder.
    .
    28. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002).
    29. Standard condition number 3 of supplemental development
    permit
    number
    1989-005-SP which’was issued to 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.
    30. Standard condition number 3 of supplemental development
    permit number l989-005-SP, required the Respondents to obtain a
    supplemental permit for CLC in order to increase landfill elevation
    above 580 feet above mean sea level.
    31. Since at least August 5, 1996, or a date better known to
    the Respondents, and continuing until the filing of this Complaint,
    the Respondents failed to obtain a supplemental permit for CLC to
    increase the permitted elevation of the landfill before depositing
    waste therein, above 580 feet above mean sea level.
    26
    32. The Respondents, by their conduct as described herein,
    violated standard condition number 3 of supplemental development
    permit number 1989-005-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 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) 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.
    27
    COUNT XI
    CONDUCTING A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
    1-25. Complainant realleges and incorporates by reference
    herein’paragraphs 1 through 25 of Count I as paragraphs 1 through 25
    of this Count XI as if fully set forth herein.
    26. 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.
    . .
    27. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    28. 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 cannot demonstrate, throu~ha significant
    modification permit application and Illinois EPA inspection,’
    compliance with the more stringent requirements of 35 Ill. Adm. Code
    Part 814 Subpart C.
    29. 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.
    30. In order to meet the requirements of Subpart C of Part
    814, a facility must comply with the requirements of 35 Ill. Adm.
    28
    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”.
    31. A facility which accepted waste after 1992 that fails to
    meet the requirements of Subpart C is sub.ject to the requirements of
    Subpart D.
    32. 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.
    33. 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 con’tinue operation under the terms of
    its existing permits until final determination by
    the Agency on its a~plication 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.
    34. 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.
    29
    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)
    35. Forty Eight (48) months from the effective date of Part
    814 was September 18, 1994.
    36. The Illinois EPA specified to the Respondents, in
    writing, that CLC was to submit its application for significant
    modification of its permit by June 15, 1993.
    37.
    ..
    Respondents failed to cause CLC to submit the application
    by June 15, 1993.
    38. On April 26, 1995, the Respondents filed a petition for
    variance with the Board.
    39. 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”.
    40. In a subsequently issued written opinion, the Appellate
    Court noted that it did not award CLC the extraordinary relief of a
    retroactive variance.
    41. Respondents caused CLC to file an application for
    significant modification on August 5, 1996, within the 45 days
    allowed by the prospective variance.
    30
    42. 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”.
    43. By failing to demonstrate CLC’s 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.
    44. By failing to file a timely application for significant
    modification, neither the Respondents, nor CLC, had legal authority
    to continue accepting waste at the facility past September 18, 1997.
    45. By accepting waste/in Parcel A after September 18, 1997,
    the Respondents violated Section 21(d) of the Act, 415 ILCS
    5/21(d) (2002), and 35 Il1.’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 EDWARD PRUIM, and ROBERT 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
    31
    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 Respondenté, jointly and severally, for
    each violation, and an additional civil penalty of Ten Thousand
    ($10,000.00) 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
    1-15. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 10, paragraphs 12 through 15, and
    paragraph 17, of Count I as paragraphs 1 through 15 of this Count
    XII as if fully set forth herein.
    16. Section 55(b-1) of the’ Act, 415 ILCS 5/55(b-l) (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
    32
    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.
    17. On July 28, 1998, the Respondents were allowing the
    mixing of waste tires with municipal waste and placement of the
    mixed waste in the active area of Parcel A of the landfill for
    disposal.
    18. By the actions described herein, Respondents have
    violated Section 55(b-1) of the Act.
    WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
    respectfully requests that the Board enter an order against
    Respondents EDWARD PRUIM, and ROBERT PRUIM, 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
    further violations of Section 55(b-l) 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)for
    each day of violation;
    5. Requiring the Respondents to pay all costs, including
    expert witness, consultant and attorney fees, expended by the State
    33
    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 i’s waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535(2002).
    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. Special condition number 13 of CLC’s supplemental
    development permit number 1989-005-SP, required the Respondents to
    utilize movable fencing to prevent blowing litter wh~n,the refuse
    fill is at a higher elevation than the natural ground line.
    34
    26. On March, 31, 1999, a windy day, no movable fencing was
    present, 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 acts and omissions as described
    herein, caused and allowed violations of special condition number 13
    of CLC’s supplemental development permit number l989-005-SP, and
    thereby, 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 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
    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) 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
    35
    6. Granting such other relief as the Board deems
    appropriate.
    COUNT XIV
    VIOLATION OF PERMIT CONDITION
    1-23. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 23 of Count I as paragraphs 1 through
    23 of this Count XIV as if fully set forth herein.
    24. 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.
    . .
    25. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    26. Special condition number 1 of supplemental development
    permit number l996-240-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
    36
    e) permit numbers from the Agency’s Bureaus of Air and
    Water.
    This information shall be submitted in the form of a
    permit application.
    27. 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.
    28. 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 having
    first providing the necessary information to the Illinois EPA.
    29. On May 5, 1999, the Illinois EPA received Respondents’
    submittal regarding an operating authorization request for the
    landfill gas management system.
    30. The Respondents, by their acts and omissions as
    described herein, violated special condition number 1 of CLC’s
    supplemental development permit number l996-240-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 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
    37
    .
    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) 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
    1-23. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 23 of Count I as paragraphs 1 through
    23 of this Count XV as if fully set forth herein.
    24. Section 2l(d)(l) 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.
    . .
    38
    25. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    26. Special condition number 9 of supplemental development
    permit number l996-240-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.
    27. 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.
    28. 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.
    29. On July 20, 1999, there was not a vegetative cover over
    the entire Parcel B of the landfill.
    30. The Respondents failed to take any action, or authorize
    and direct their employees to take any action, to prevent erosion,
    ponding, and crack in the landfill cover, and failed to provide for
    proper vegetative cover at the Site.
    31. Respondents, by the conduct described herein, violated
    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
    39
    Respondents 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 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 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) 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
    1-23. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 23 of Count I as paragraphs 1 through
    23
    of this Count XVI as if fully set forth herein.
    24. Section 21(d) (1) of the Act, 415 ILCS 5/21(d) (1) (2002),
    provides as follows:
    No person shall:
    40
    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.
    . . .
    25. Refuse is waste as that term is defined at Section 3.535
    of the Act, 415 ILCS 5/3.535 (2002)
    26. 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.
    27. The 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.
    28. On or about March 31, 1999 and July 20, 1999, the
    Respondents caused and allowed leachate to be pumped from the
    landfill into new cells for added moisture and did not dispose of it
    at a permitted facility.
    29. The 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).
    41
    WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
    respectfully requests that the Board enter an order against
    Respondents 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 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 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) 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 XVII
    FAILURE TO PROVIDE
    AND
    MAINTAIN ADEQUATE
    FINANCIAL ASSURANCE PURSUANT TO
    THE OCTOBER 24, 1996 PERMIT
    1-23. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 23 of Count I as, paragraphs 1 through
    42
    23
    of this Count XVII as if fully set forth herein.
    24. 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.
    .
    25. Refuse is waste as that term is defined at Section 3.53
    of the Act, 415 ILCS 5/3.53 (2002)
    26. Special condition number 13 of supplemental development
    permit number 1996-240-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)
    27. The Respondents were required by special condition number
    13 of supplemental development permit number 1996-240-SP, to arrange
    financing for CLC 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
    43
    gas extraction system.
    28. The Respondents did not increase CLC’s financial
    assurance to $1,431,360.00 by January 22, 1997 (90 days from October
    24, 1996)
    29. The Respondents did not provide for CLC’s financial
    assurance in the amount of $1,439,720.00 prior to the operation of
    the gas extraction system.
    30. The Respondents caused CLC to provide 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.
    31. The Respondents, by the conduct described herein, caused
    or allowed violations of special condition number 13 of supplemental
    development permit number l996-240-SP, and thereby, also violated
    Section 21(d) (1) of the Act, 4,15 ILCS 5/21(d) (1) (2002).
    32. 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
    Respondents, EDWARD PRUIM, and ROBERT PRUIM, 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
    violations of Section 21(d) (1) of the Act and special condition
    number 13 of permit number 1996-240-SP;
    44
    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) 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
    1-23. Complainant realleges and incorporates by reference
    herein, paragraphs 1 through 23 of Count I as paragraphs 1 through
    23 of this Count XVIII as if fully set forth herein.
    24. 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.
    . .
    25. Refuse is waste as that’ term is defined at Section 3.53
    of the Act, 415 ILCS 5/3.53 (2002).
    45
    26. Special condition number 17 of supplemental development
    permit number l989-005-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.
    27. The Respondents were required by special condition number
    17 of supplemental development permit number 1996-240-SP, to obtain
    CLC’s 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.
    28. On March 31, 1999, ‘and July 20, 1999, the Respondents
    caused or allowed placement of leachate, a waste, in areas that had
    not been certified or approved by the Illinois EPA.
    29. The 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 EDWARD PRUIM, and ROBERT PRUIM, with respect to Count
    XVIII:
    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
    46
    number 17 of permit number 1989-00,5-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 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) for each day of violation;
    5. Requiring the Respondents to pay all costs, including
    expert witness, consultant and attorney fees, expe,nded 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
    1-16. Complainant realleges and incorporates by reference
    herein paragraphs 1 through 16 of Count I as paragraphs 1 through 16
    of this Count XIX as if fully set forth herein.
    17. 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 (ci) 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.
    18. Section 807.601(a) of the Board’s Waste Disposal
    47
    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.
    19. 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.
    20. Item 9 of the CLC’s supplemental permit dated April 20,
    1993, provided that the next revised cost estimate was due by
    December 26, 1994.
    21. Respondents failed to cause CLC to provide a revised cost
    estimate by December 26, 1994.
    22. 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.
    23., 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
    48
    Disposal Regulations, 35 Iii. Adm. Code 807.623(a).
    24. The Respon’dents 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 EDWARD PRUIM, and ROBERT PRUIM, 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
    80.7.623(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) 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.
    49
    PEOPLE OF THE STATE OF ILLINOIS,
    by LISA MADIGAN, Attorney
    General of the State of Illinois
    MATTHEW J. DUNN, Chief
    Environmental Enforcement/Asbestos
    Litigation Division
    By:
    OF COUNSEL:
    Christopher Grant
    Assistant Attorney General
    100 West Randolph Street, 11th Floor
    Chicago, IL 60601
    (312) 814-5388
    Environmental
    Assistant Attorney General
    50

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