RECE~VED
CLERK’S OFFICE
JUN
1
42004
~
:-~-~
STATE OF ILLINOIS
Pollution Control Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
~
A~ORNEYGENERAL
June
10,
2004
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James R. Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois 60601
Re:
People
v.
BrickyardDisposal and Recycling,
Inc.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
MOTION
FOR RELIEF FROM HEARING REQUIREMENT, COMPLAINT, and STIPULATIONAND
PROPOSAL FOR SETTLEMENT
in regard to the above-captioned matter.
Pleasefile 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,
Thomas Davis,
Chief
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
TD/pp
Enclosures
500 South
Second Street,
Springfield,
Illinois
62706
•
(217)
782—1090
•
‘I’IY: (217)
785—2771
•
Fax:
(217)
782—7046
100
West Randolph
Street,
Chicago, Illinois
606()
I
•
(312)
814—5000
•
1”lY:
(312)
814—3574
•
Fax:
(312)
814—3806
1001
Fast
\lain.
Carhondale,
Illinois
62901
•
(61$)
529—640(1
•
IlY: (61$)
329—6405
•
Fax:
(618)
529—6416
CLERK’S OFHCE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
JUN
1
42004
STATE OF ILLINOIS
PEOPLE OF THE STATE
OF
)
Pollution Control Board
ILLINOIS,
Complainant,
vs.
)
PCB No.
~1
)
BRICKYARD DISPOSAL AND
)
RECYCLING,
INC., an
Illinois
)
corporation,
Respondent.
NOTICE
OF FILING
To:
Deborah
Frank Feinen
Attorney at
Law
P.O.
Box 227
Champaign,
IL 61824-0227
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,
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT,
a
copy
of which
is
attached
hereto and herewith served
upon you.
Respecifully 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:_____________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: June
10,
2004
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on June
10,
2004, send
by
First Class
Mail, with
postage thereon
fully prepaid,
by depositing in a
United
States
Post Office
Box a true and
correct copy
of the
following instruments
entitled NOTICE OF FILING,
MOTION
FOR RELIEF
FROM HEARING
REQUIREMENT,
COMPLAINT
and
STIPULATION AND
PROPOSAL FOR
SETTLEMENT:
To:
Deborah Frank Feinen
Attorney at Law
P.O.
Box 227
Champaign,
IL 61824-0227
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
Thomas Davis,
Chief
Assistant Attorney General
This filing
is submitted
on
recycled paper.
F~ECE~VED
CLERK’S OFFICE
JUN
14
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOAF~-ATE
OF ILLINOIS
Pollution Control Board
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCBNo.
09’
~
)
(Enforcement)
BRICKYARD DISPOSAL AND
)
RECYCLING,
INC., an
Illinois
)
corporation,
Respondent.
)
MOTION
FOR RELIEF
FROM
HEARING
REQUIREMENT
NOW COMES
Complainant,
PEOPLE
OF THE
STATE OF
ILLINOIS,
by
LISA
MADIGAN, Attorney General of the State of Illinois,
and
pursuant to Section
31(c)(2) of the
Illinois Environmental Protection
Act (“Act”), 415
ILCS 5/31(c)(2)
(2002),
moves that the Illinois
Pollution Control
Board grant the parties
in the above-captioned matter relief from the hearing
requirement imposed
by
Section
31(c)(1) of the Act, 415
ILCS 5/31(c)(1)
(2002).
In support
of
this motion,
Complainant states as follows:
1.
Complainant
is filing,
contemporaneously with this motion,
a Complaint with the
Board,
alleging waste disposal violations
by
the Respondent.
L
•
2.
The parties
have reached agreement on
all
outstanding
issues
in this matter.
3.
This agreement is presented to the
Board
in
a Stipulation
and
Proposal for
Settlement,
filed
contemporaneously with this motion.
4.
All parties
agree that a
hearing
on the Stipulation and
Proposal for
Settlement is
not necessary,
and
respectfully request relief from
such a hearing
as allowed
by
Section
31(c)(2)
of the Act, 415
ILCS 5/31(c)(2)
(2002).
1
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth
in
Section
31 (c)(1) of the Act.
Respecifully submitted,
PEOPLE OF THE STATE
OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-7968
Dated:
2
JUN
14
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
~roj8
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCBNo.O’L
)
(Enforcement)
BRICKYARD DISPOSAL AND
)
RECYCLING,
an
Illinois
corporation,
)
Respondent.
COMPLAINT
The PEOPLE
OF THE STATE OF
ILLINOIS,
by
LISA MADIGAN, Attorney General of the
State
of
Illinois,
at
the
request
of
the
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
complains of the Respondent,
BRICKYARD
DISPOSAL AND
RECYCLING,
as follows:
COUNT
I
HAZARDOUS
WASTE DISPOSAL AT A
NON-HAZARDOUS WASTE
DISPOSAL SITE
1.
This
Complaint
is brought on
behalf
of
the People
of the
State
of
Illinois,
by
Lisa
Madigan, the Attorney General
of the State
of Illinois, by her own motion and at the request of the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
pursuant
to
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.
Respondent,
Brickyard
Disposal
and
Recycling,
(“Brickyard”)
is
an
Illinois
corporation
in good standing.
Its Registered Agent is CT Corporation
System, 208 South
LaSalle
Street,
Chicago,
Illinois
60604-1136.
4.
The Respondent is
a
permitted,
municipal
solid waste
landfill
located
in
Danville,
1
Vermillion
County,
Illinois.
5.
The
Respondent’s facility
is an
existing municipal solid waste and
non-hazardous
special waste landfill operating
pursuant to Illinois EPA approved operating
permit number 1994-
41 9-LFM.
6.
On September 15, 2000, the
Illinois EPA conducted a multi-media RCRAinspection
at Alloy Engineering and Casting in Champaign, Illinois (“Alloy”).
During the inspection, the Illinois
EPA inspectors collected samples of bag-house dust from
seven dust collectors in the facility.
7.
Additional samples were taken on
September 28, 2000, (at Alloy’s Counter Gravity
Casting bag-house),
and also
on October 6,
2000,
and
October 19,
2000.
8.
Sample results indicated two of the seven waste streams were hazardous for heavy
metals.
Results indicate that these waste streams exceeded the TCLP limits for selenium,
as well
as
the TCLP regulatory threshold for lead.
9.
Subsequent
to
the
September
28,
2000,
inspection,
Alloy
identified
19
waste
streams
generated
at
the
facility.
Alloy
had
analysis
completed
and
made
hazardous
waste
determinations
on
all
19
of them at the
point of generation.
The dust from
the same two
bag-
houses again tested TCLP hazardous.
10.
The following table identifies various sample results taken from thetwo bag-houses:
Date
Sample No.
Constituent
Sample results
Regulatory Lev.*
09/15/00
IEPA
X
104 -TCLP
(1)
Lead
33.0
MG/L
5.0
MG/L
09/15/00
IEPA
Xl 07 -TCLP
(2)
Selenium
1.2 MG/L
1.0
MG/L
09/15/00
IEPA
X
104 -TCLP
**
(1)
Lead
45.3
MG/L
5.0
MG/L
09/15/00
IEPA
X 107
-TCLP
**
(2)
Selenium
1.12
MG/L
1.0 MG/L
09/28/00
IEPA
X
101
-TCLP
(1)
Lead
17
MG/L
5.0
MG/L
09/28/00
IEPA
X 101~2~TCLP**
(1)
Lead
32.9
MG/L
5.0
MG/L
10/06/00
Alloy
108395-9 TCLP
(2)
Selenium
.529
MG/L
1.0
MG/L
2
10/19/00
Alloy
001020F-TCLP
(2)
Selenium
1.10
MG/L
1.0 MG/L
10/19/00
Alloy
0010201-TCLP
(1)
Lead
54.7
MG/L
5.0
MG/L
*35
III.
Adm.
Code 721
**Split sample analyzed
by Prairie Analytical; (1)~Arc
Furnace,
(2)-CGC bag-house
11.
During the September 28,
2000,
inspection,
the
Illinois
EPA
discovered
that the
waste from all processes in the facility (19
separate waste streams), including the hazardous bag-
house dust, were being
placed
in common dumpsters and disposed of as non-hazardous,
special
wastes at Brickyard.
The waste was
all manifested
as foundry sand.
A waste
profile created
by
Alloy indicated that thewaste was non-hazardous.
The waste profile had been generated bytaking
a composite sample from one of the dumpsters and notfrom the point of generation of each waste
as
required
by regulations.
12.
After being first notified of the sample results, Alloy immediately began segregating
the hazardous waste
dust and
began
managing
it as a
hazardous waste.
Since
September 26,
2000, Alloy has
manifested
the waste generated
off-site as
a hazardous
waste and
has sent
it to
a hazardous waste
landfill near
Peoria,
Illinois.
13.
Since September 26, 2000,
Alloy’s records
indicate that
as
much
as
3/4 ton per
month
of hazardous
waste bag-house dust has
been
produced.
Based
on
information obtained
from
Alloy,
the
processes producing
this dust have
not basically changed
since
March of
1999.
Consequently,
as
much
as 3/4
ton
per
month
of
hazardous
waste
bag-house dust
has
been
improperly
disposed
of each
month
since
March
1999.
A
majority of the
3/4 ton per
month
of
hazardous waste was
disposed
of at Brickyard.
14.
For calendar year 1999, manifests indicate that Brickyard accepted waste frornAiloy
on
January
6 through 29; February
1
through 26;
March
1
through 31; April
1
through 30;
May 2
through 30; June
1
through 30; July
1
through 30; August 2 through 31; Spetemberl
through 30;
October
1
through 25; November
1
through 30;
and
December
1
through 31.
3
15.
Manifests further indicate that Brickyard acceptedwaste from Alloy daily in 2000 and
following
March 2000,
Brickyard became
the exclusive
landfill for disposal
of the Alloy wastes.
16.
Section
21
of the Act, 415 ILCS
5/21
(2002),
provides in
relevant part:
No
person shall:
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, including periodtc reports
and
full
access
to
adequate
records
and
the
inspection
of
facilities,
as
may
be
necessary to
assure
compliance with
this
Act
and
with
regulations
and
standards
adopted
thereunder;
provided,
however,
that,
except
for
municipal
solid
waste
landfill
units
that
receive
waste
on
or
after
October
9,
1993,
no
permit
shall
be
required
for
(i)
any
person
conducting
a
waste-storage,
waste-treatment,
or
waste-disposal
operation
for
wastes
generated
by
such
person’s own activities which are stored, treated, ordisposed
-
within the
site where such
wastes
are
generated,
or
(ii)
a
facility located
in
a county
with a
population
over 700,000,
operated
and
located
in
accordance with
Section
22.38 of
this Act,
and
used
exclusively for
the transfer,
storage, or
treatment of general
construction or demolition debris;
***
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 this Act
and
of regulation
and standards thereunder.
f.
Conduct any hazardous waste-storage, hazardous waste-treatment
or hazardous waste-disposal
operation:
1.
without
a
RCRA permit
for
the site
issued
by
the
Agency
under subsection (d) of Section
39 of this Act, or in violation
of any condition imposed by such
permit, including
periodic
reports
and
full
access
to
adequate
records
and
the
inspection
of
facilities,
as
may
be
necessary
to
assure
compliance with this Act and with regulations and standards
adopted thereunder;
or
4
2.
in
violation
of any regulations or standards adopted
by the
Board under this Act; or
***
17.
By
permitting
the
disposal
of
hazardous
waste
bag-house
dust
from
Alloy
at
Brickyard
Disposal and
Recycling, a site that does not meet the requirements
of the Act and of the
regulations
and
standards
thereunder for
the storage
and
disposal
of
hazardous
waste,
the
Respondent has violated
Section
21(e) of the Act, 415
ILCS 5/21(e) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respecifully requests that
the Board
enter an
order against the Respondent,
Brickyard
Disposal and
Recylcing:
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 up to fifty thousand
dollars ($50,000.00) for each violation that occurred on or after July
1, 1990,
and
an
additional penalty of ten thousand
($10,000.00) for each day during which such violations
continued;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), award to Complainant
its costs and
reasonable attorney’s fees; and
F.
Granting
such other
relief as the
Board
may deem appropriate.
COUNT
II
PERMIT VIOLATIONS
1-16.
Complainant realleges and incorporates herein by reference paragraphs
1 through
5
16
of Count las paragraphs I
through
16
of this Count
II.
17.
Permit Number 1994-419-LFM,
Modification 29, provides in
relevant part:
Condition
I
***
9(f)
The operator of this solid waste facility shall not conduct the operation
in a
manner which results
in acceptance of hazardous waste.
9(33)
This facility is authorized to accept non-hazardous special waste that
meets the definition
of industrial process waste
or pollution control
waste as found
in Section
3.17 and 3.27, respectively, of the Act.
18.
Section 3.17 of the Act, 415 ILCS 5/3.17
(2002) provides the following definition:
“INDUSTRIAL PROCESS WASTE” means any liquid,
solid, semi-solid, or gaseous
waste generated as a direct or indirect result of the manufacture of a product or the
performance of a service.
Any such waste which would pose a present or potential
threatto human health or to the environment orwith inherent properties which make
the disposal
of such waste
in a
landfill
difficult to
manage
by normal means
is an
industrial
process waste.
“Industrial
Process Waste” includes
but is not limited to
spend pickling liquors,
cutting oils,
chemical catalysts, distillation
bottoms, etching
acids,
equipment
cleanings,
paint
sludges,
incinerator
ashes
(including
but
not
limitedto ash resulting from the incineration of potentially infectious medical waste),
core
sands,
metallic
dust
sweepings,
asbestos
dust,
and
off-specification,
contaminated
or recalled
wholesale or
retail
products.
Specifically
excluded
are
uncontaminated
packaging
materials,
uncontaminated
machinery
components,
general
household waste, landscape waste and
construction or demolition debris.
19.
By
accepting
hazardous
industrial
process
waste
without
proper authorization
included in the permit, the Respondent has violated Condition
I 9(33) of Permit Number 1994-419-
LFM
Modification 29.
20.
By conducting
the operation of the Brickyard
Disposal and
Recycling
in
a manner
that
results
in
acceptance
of
hazardous waste,
the Respondent
has
violated
Condition
I
9(f)
of
Permit Number 1994-419-LFM Modification
29.
21.
By
conducting
a waste-storage, waste-treatment,
or waste-disposal
operation
in
6
violation of any conditions imposed within its operating permit, the Respondent has violated Section
21 (d)(1) of the Act, 415
ILCS 5/21 (d)(1) (2002).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the People of the
State of Illinois, respecifully requests that
the
Board
enter an
order against the Respondent,
Brickyard
Disposal and
Recycling:
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 furtherviolations 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 up to fifty thousand dollars ($50,000.00) for each violation that occurred on or after July
1,
1990,
and an additional penalty of ten thousand
($10,000.00) for each day during which such violations
continued;
E.
Pursuant to Section 42(f) of.the Act, 415 ILCS 5/42(f) (2002),
award to Complainant
its costs
and
reasonable attorney’s fees;
and
F.
Granting
such other
relief as the
Board
may deem
appropriate.
COUNT III
FAILURE TO ATTAIN
REQUIRED
PERMITS
1-16.
Complainant alleges and incorporates herein by reference paragraphs
1
through 16
of Count
I
as paragraphs
I
through
16
of this Count III.
17.
Section
703.121
of the
Board’s Waste
Disposal
regulations,
35
III.
Adm.
Code
703.121, provides,
in
relevant part:
a.
No person shall conduct any hazardous waste storage,
hazardous
waste
treatment, or hazardous waste disposal
operation:
7
I.
Without
a
RCRA
permit
for
the
HWM
(hazardous
waste
management) facility;
b.
Owners
and
operators of HWM units shall
have permits during the
active
life
(including
the
closure
period)
of the
unit.
Owners
and
operators of surface
impoundments,
landfills,
land treatment units
and waste pile units that received wastes after July 26, 1982,
orthat
certified
closure
(according
to
35
III.
Adm.
Code
725.215)
after
January 26,
1983, shall have post-closure care permits, unless they
demonstrate
closure
by removal
or decontamination,
as provided
under
Sections
703.159
and
703.160,
or
obtain
enforceable
documents
containing
a/ternative
requirements,
as provided under
Section 703.161.
If a post-closure care permit is required, the permit
must
address
applicable
35
III.
Adm.
Code
724
groundwater
monitoring, unsaturated zone monitoring, corrective action, and post
closure care
requirements.
***
18.
By conducting a hazardous waste storage, hazardous waste treatment or hazardous
waste
disposal
operation
without
a
RCRA permit
for the
facility, the
Respondent
has
violated
Section 21(f)(1) of the Act, 415 ILCS 5/21(f)(1)(2002) and Section 703.121
of the Board’s Waste
Disposal
regulations,
35
Ill.
Adm.
Code 703.121.
19.
By conducting
a hazardous waste storage, hazardous waste treatment orhazardous
waste
disposal
operation
in
violation
of
regulations
or standards
adopted
by
the
Board,
the
Respondent has violated
Section
21 (f)(2) of the Act, 415 ILCS 5/21 (f)(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,
Brickyard
Disposal
and
Recylcing:
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
8
associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil penalty
of up to fifty thousand dollars ($50,000.00) for each violation that occurred on or after July 1,
1990,
and an additional
penalty often thousand
($10,000.00) for each day during which such violations
continued;
E.
Pursuant to Section 42(f) of theAct, 415 ILCS 5/42(f) (2002), award to Complainant
its costs
and
reasonable attorney’s fees;
and
F.
Granting
such
other relief as the
Board may deem
appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF
ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_______________________
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
____________
9
RECE~VE~
CLERK’S OFFlC~
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUN
142004
STATE OF ILLINCI~
Pollution
Control ~
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
v.
)
PCBNo.
BRICKYARD DISPOSAL
AND
RECYCLING, INC.,
An
Illinois Corporation,
Respondent.
STIPULATION
AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN.
Attorney
General of the State of Illinois,
at the request of the Illinois
Environmental Protection Agency
(“Illinois
EPA”), and
Respondent,
Brickyard
Disposal
and
Recycling,
Inc., (“Brickyard”)
by its
attorneys,
Nally,
Haasis,
&
Bauer,
P.C., do
hereby agree to this Stipulation and
Proposal for
Settlement.
The parties agree that the statement of facts contained
herein
represents a fair
summary
of the evidence
and testimony which would
be introduced
by the parties if a full
hearing were
held.
The parties
agree that this Settlement is a compromise of a disputed
claim.
The parties further stipulate that this statement of facts
is made and agreed
upon for purposes
of settlement only,
and
that neither the fact that a party has
entered into this Stipulation,
nor any
of the facts stipulated
herein, shall be
introduced
into evidence
in this or any other proceeding
except to enforce
the terms
of this agreement by the parties hereof.
Notwithstanding the
previous sentence,
this Stipulation
and
Proposal for Settlement and
any
Illinois Pollution
Control
Board
(“Board”) order accepting
same may be
used as
a matter of record
in
any future
permitting or enforcement actions to be considered for purposes of Section
39(i) and
42(h) of
the
Illinois Environmental Protection Act (“Act”), 415
ILCS
5/39(i),
5/42
(h)
(2000).
This
agreement shall be
null and
void unless the Board
approves
and disposes
of this matter on
each
and every one
of the terms
and conditions
of the settlement set forth herein.
JURISDICTION
The Board
has jurisdiction of the subject
matter herein
and
of the parties
consenting
hereto pursuant
to the Act, 415
ILCS 5/1
through 56.6.
(2000).
II.
AUTHORIZATION
The undersigned
representatives for each party certify that they are fully authorized
by
the party whom they represent to
enter into the terms
and
conditions of this Stipulation and
Proposal for Settlement and
to
legally bind them to
it.
III.
APPLICABILITY
This Stipulation and
Proposal for Settlement shall apply to
and
be binding
upon the
Complainant and
Respondent, and
on any officer, director, agent,
employee or servant of
Respondent, as well as any successors
and
assigns of Respondent.
Respondent shall not
raise
as a defense to any enforcement action taken
pursuant to this Settlement the failure of
its
officers,
directors,
agents, servants, employees,
successors or assigns to take such
action as
shall
be
required to
comply with
the provisions of this settlement.
2
IV.
STATEMENTOF FACTS
A.
Parties
1.
The Attorney General of the State of Illinois, brings this action on her own
motion,
as well as
at the request of the Illinois
Environmental Protection Agency (“Illinois
EPA”),
pursuant to
the statutory authority vested
under Section 31
of the Act, 415
ILCS 5/31
(2000).
2.
The
Illinois
EPA is an
agency of the State of Illinois
created
pursuant to
Section
4 of the Act, 415
ILCS 5/4 (2000), which is charged, inter alia, with the duty of enforcing the Act.
3.
Respondent,
Brickyard
Disposal
and
Recycling,
Inc,
is
an
Illinois
corporation
in
good standing.
Its registered agent is CT Corporation
System, 208
South
LaSalle Street,
Chicago,
IL
60604-1136.
B.
Facility
Description
Brickyard
Disposal and
Recycling,
Inc.
operates a permitted
municipal solid waste and
non-hazardous special waste
landfill located
in
Danville,
Vermillion County
Illinois.
Respondent
operates
under Illinois
EPA permit
no. 1994-419-LFM.
C.
Noncompliance
Complainant alleges
that the Respondent has violated the following
provisions
of the
Act,
Board
Regulations and
Permit Conditions:
1.
Count
I:
By permitting the disposal of hazardous waste
bag-house dust from
Alloy Engineering and
Casting
in
Champaign,
IL at
Brickyard
Disposal and
Recycling,
Inc., a
site that does not meet the requirements
of the Act
or the
Board
regulations
and standards
thereunder for the storage and
disposal of hazardous waste, the Respondent has
violated
Section
21(e) of the Act, 415
ILCS 5/21(e)(2000).
3
2.
Count
II:
a.
By accepting
hazardous industrial
process
waste without
proper
authorization included
in
its permit, the Respondent has violated
Condition
I
9(33) of Permit
Number 1994-419-LFM
Modification 29;
b.
By conducting the operation of Brickyard
Disposal
and
Recycling,
Inc.
in
a manner that results in
the acceptance of hazardous waste, the Respondent
has violated
Condition
I
9(f) of Respondent’s Permit Number 1994-419-LFM Modification 29;
and
c.
By conducting waste storage, waste treatment, or waste disposal
operation
in violation of
Brickyard
Disposal and
Recycling,
Inc.’s operating
permit, the
Respondent has violated
Section
21 (d)(l) of the Act, 415
ILCS 5/21 (d)(l)
(2000).
3.
Count
III:
a.
By conducting
a
hazardous waste
storage,
hazardous waste treatment or
hazardous waste disposal
operation without a RCRA permit for the facility, the Respondent has
violated
Section 21(f)(1) of the Act, 415 ILCS 5/21(f)(1)
(2000) and
Section
703.121
of the
Board’s Waste
Disposal regulations,
35
Ill.
Adm.
Code 703.121.
b.
By conducting
a hazardous waste storage, hazardous waste treatment or
hazardous waste disposal operation
in violation
of regulations or standards adopted
by the
Board, the Respondent has violated
Section
21(f)(2) of the Act, 415
ILCS 5/21(f)(2)
(2000).
V.
FUTURE PLANS OF COMPLIANCE
Respondent shall cease and desist from
future violations of the Act and
Board
regulations,
including
but not limited to, those
Sections of the Act and
Board
regulations that
were
the subject matter of the complaint as
outlined
in Section
IV.
C.
of this Stipulation
and
Proposal for Settlement.
4
VI.
IMPACT ON THE
PUBLIC RESULTING
FROM
NONCOMPLIANCE
Section
33(c) of the Act, 415
ILCS 5/33(c)
(2000),
provides as follows:
In
making
its orders and
determinations,
the Board
shall take into consideration
all the facts
and
circumstances bearing
upon the reasonableness of the
emissions, discharges, or deposits
involved
including, but not limited to:
1.
the character and
degree of injury to,
or interference with the protection of the
health, general
welfare and
physical property
of the people;
2.
the social
and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source to
the area
in which
it
is
located,
including the question of priority of location
in the area
involved;
4.
the technical
practicability and
economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting
from such pollution
source; and,
5.
any subsequent compliance.
In
response to
these factors, the parties state:
1.
The purpose of excluding hazardous waste from the landfill
and compliance with
permit conditions
is to protect the public from the threat of or actual
land
and water pollution.
In
this
case, the Respondent contends that the alleged amounts
of hazardous waste accepted at
the
landfill,
if any were,
de
minimis.
2.
The parties agree that
Respondent’s
landfill operation
is of social and economic
benefit.
3.
The parties agree that
Respondent’s
landfill
operation
is located
in a suitable
area.
4.
It was practical
and economically
reasonable for Respondent
to exclude the
alleged
hazardous waste from the landfill.
5
5.
Respondent implemented
preventative measures subsequent to the alleged
violations
that are the subject of the Complaint
in this matter;
Respondent implemented
screening
procedures for special waste
customers, conducted employee training, and
continues
to
randomly check
loads
in accordance with
special condition
32 of its, permit.
VII.
CONSIDERATION OF SECTION 42
(h)
FACTORS
Section 42(h) of the Act, 415
ILCS 5/42(h) (2000),
provides as follows:
In
determining the appropriate civil penalty to
be imposed under subdivisions (a),
(b) (1),
(b) (2), or
(b) (3) of this Section,
the Board is authorized
to consider any
matters
of record
in
mitigation or aggravation of
penalty, including
but not limited
to the following factors:
1.
the duration
and gravity of the violation;
-
2.
the presence or absence of due diligence
on the part of the respondent
in
attempting
to
comply with
requirements of this Act and
regulations thereunder or
to secure
relief therefrom
as provided
by this Act;
3.
any economic benefits accrued
by the respondent because of delay
in
compliance with
requirements,
in
which case the economic benefits shall
be
determined by the lowest cost alternative
for achieving compliance;
4.
the amount of monetary penalty which will serve to
deter further violations
by the
respondent and to
otherwise aid
in enhancing voluntary compliance with this Act
by the respondent and
other persons similarly subject to
the Act;
5.
the number,
proximity in time, and
gravity of previously adjudicated
violations of
this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in
accordance with subsection
-
i of this Section,
the non-compliance to
the Agency;
and
7.
whether the respondent has
agreed to
undertake a “supplemental
environmental
project, which means
an environmentally beneficial project that a respondent
agrees
to
undertake
in settlement of an enforcement action brought under this
Act, but which the respondent
is not otherwise legally required to
perform.
6
In
response to these factors,
the parties state as follows:
1.
The Complainant alleges that the Respondent accepted hazardous waste in the
form of
bag house dust since at least March
1999 and
continuing through dates better known to
the Respondent.
2.
Respondent implemented preventative measures subsequent to the alleged
violations that are
the subject of the Complaint in this matter;
Respondent implemented
screening
procedures for special waste
customers, conducted employee
training, and
continues
to
randomly check
loads
in accordance
with special
condition
32 of its permit.
3.
The Complainant alleges that the economic
benefit accrued
by the
Respondent’s
noncompliance is the savings realized
by accepting the hazardous waste. The Respondent
claims the economic benefit will
be offset through the supplemental environmental
project.
4.
The supplemental environmental project credit is reasonable amount based on
the violations
alleged in
the Complaint, will serve to deter further violations
of the Act and will
aid
in enhancing voluntary compliance with the
Act.
5.
In the past five years
Respondent Brickyard
Disposal and
Recycling,
Inc.
has
had one other violation,
an
administrative
citation issued
by the Vermillion
County Health
Department resulting in
a $500.00 fine.
6.
Self-disclosure is not at
issue
in this matter.
7.
The settlement of this matter includes a supplemental
environmental project as
set forth in
Section VIII.2 of this Stipulation.
7
VIII.
TERMS OF SETTLEMENT
1.
NON-ADMISSION:
Respondent Brickyard
Disposal and
Recycling,
Inc.,
denies that
it violated
Sections
21(d)(1),(e),
(f)(1) and (2) of the Act,
415,
ILCS 5/21(d)(1),(e),
(f)(1) and
(2),
or Section 703.121
of the Board Waste
Disposal
Regulations,
35111. Admin.
Code 703.121.
Respondent Brickyard
Disposal and
Recycling,
Inc. further denies that
it violated
Condition
I
9(33),
(f) or Permit
Number 1994-419
LFM
Modification
29.
2.
SUPPLEMENTAL ENVIRONMENTAL
PROJECT:
In
order to
promote the goals of the Act to restore, protect and enhance the quality of
the environment,
Respondent shall perform the following supplemental environmental project
(“SEP”).
The value of the SEP is Forty Thousand
Dollars ($40,000.00).
The parties agree that
this SEP consists of disposal
and
hauling
costs that shall
be credited
toward the $40,000 total
SEP value
and specifically
includes the following:
a.
Respondent will provide hauling
to Complainant
for the disposal of waste
from
property located
in the SW
1/4
of Section
8,
T.
12
S.,
R.
2 W.,
Richwood
Township, west of
Batchtown,
Illinois, from
property located on
Route
10
in Easton,
Illinois,
and
from property
located
at the Southeast corner of
2fl~~
and
Mason Streets
in
Easton, Illinois
(Hereinafter “Sites”).
The Sites were
previously identified
by the Illinois
EPA as needing
clean-up.
The Respondent
will provide containers
to the three Sites.
Separate containers
shall be
proved
to the Batchtown
site for waste and
scrap
metal. The containers provided
to the
Batchtown site shall hold
approximately 4
1/2
tons each; Respondent shall
be credited
$160.00 per container for each
container or part thereof
hauled from the Batchtown
site.
At the Easton
sites, the Respondent
shall provide semi-trailers that
hold approximately 20-21
tons for hauling;
Respondent shall
be
8
credited $400.00
per semi-load for each
load or part thereof hauled
from the Easton
site. The
credits shall be deducted from the $40,000.00 total SEP value.
-
b.
Respondent will also
provide the Complainant with landfill
capacity for the
disposal
of not more than
1,142 tons of waste. The landfill
capacity as calculated
below,
of
municipal solid waste
and
non-hazardous special waste shall be
at the landfills
noted
below
provided
said
landfills are
permitted to dispose of said
waste (“Landfill
Capacity”).
The landfills
where the Landfill Capacity
will
be provided
to Complainant are:
1) ADS McLean, Bloomington,
IL;
and/or 2) Sangamon
Valley Landfill,
Springfield,
IL;
and/or
3)
RCS Landfill,
Edwardsville,
IL;
and/or 4) Brickyard, Danville IL.
(collectively “Designated Landfills”)
c.
The parties agree that the present value of the Hauling
and Landfill
Capacity is approximately $40,000.00
based on a
current hauling
rate of $160.00 per
Batchtown
container,
$400.00
per Easton semi-trailer load
and an
average gate rate of
$35.00/ton of waste for all landfills
listed
in paragraph
b.
above with the exception
of Sangamon
Valley Landfill which shall be credited
at an
average gate
rate of $37.00 ton of waste.
Hauling
credits from subparagraph a.
above and
landfill capacity from this subparagraph
c.
shall not
equal
more than $40,000.00 even if the Respondent has
not
used all the landfill
capacity.
All
waste will
be handled
consistent with
regulations for regulated
asbestos
containing material.
d.
Respondent represents that
it
is currently the owner and operator of the
Designated Landfills
and
that there is sufficient remaining
disposal capacity at the Designated
-
Landfills to
provide the Landfill
Capacity;
however, if prior to the time Complainant
uses all of
the Landfill
Capacity,
Respondent ceases
to own or operate any of the Designated Landfills or if
the Respondent determines that there is not sufficient disposal capacity at any
of the
Designated Landfills
to dispose of the Landfill
Capacity, then
the Landfill Capacity shall
be
9
utilized at the remaining
Designated
Landfills that are owned and
operated
by Respondent and
that have
sufficient disposal capacity;
e.
Complainant shall notify Respondent that it intends to
utilize all or a
portion of the
Hauling and/or Landfill Capacity at least 3
business days
prior to
the date
the
Hauling and/or Landfill
Capacity will be
needed and
may request which of the Designated
Landfills Complainant
would prefer to
utilize for disposal of the Waste.
Respondent shall take
into consideration
Plaintiff’s
preferred Designated
Landfill
and
shall designate which of the
Designated Landfills will
be
utilized to provide the Landfill
Capacity.
Thereafter,
the Respondent
shall direct Complainant to transport the Waste
to that Designated Landfill(s).
With respect to
Subparagraph
a.
above the parties
acknowledge that the hauling rates are based
in
part upon
waste being
hauled
to the landfill closest to the Sites and acknowledge that waste will
be
directed to
Sangamon Valley.
With the exception of the projects defined
in
Subparagraph
a.
above,
in no event shall Respondent be
responsible for transporting the Waste
to a Designated
Landfill(s);
f.
Upon disposal
of the Waste,
Respondent shall prepare
a gate
receipt
evidencing
the amount of waste received
and
the date of receipt.
Upon pick up of a hauling
container, Respondent shall prepare
a receipt evidencing the number of containers/semi-trailer
loads hauled
and
the date of the receipt.
Copies of all of the receipts shall
be forwarded
to the
parties
named hereafter
in Subparagraph
j;
-
g.
Complainant shall
use
its best efforts to
utilize the Hauling and/or Landfill
Capacity within five years from the date of a
Board
Order accepting
this Stipulation
(“Hauling/Landfill
Capacity Usage Period” or “HLCUP”);
h.
In the event that Complainant is unable to
utilize the Hauling and/or
Landfill Capacity within the
HLCUP, despite its best efforts to do so,
then,
at
Respondent’s
sole
10
option and
after receipt of a written
request from either Complainant, or the Illinois EPA as
described
below:
(i).
Respondent may pay
the remaining
amount of the
SEP value,
as
calculated
under Subparagraph i.(i) below; or
(ii)
Respondent may extend the HLCUP up to
two (2) years, but in
no
event shall the extension last longer than seven
(7) years from the date of a
Board
Order
accepting this Stipulation.
Either Complainant or the Illinois EPA shall make a
written
request
to Respondent to
extend the HLCUP
no later than 90 days
prior to the expiration
of the
HLCUP.
Respondent shall respond to the request within
30 days of receipt.
In
the event that
Respondent determines to extend the
HLCUP~
then the remaining
amount of the SEP value,
if
any,
at the date of the expiration
of the extension
period,
as
calculated
under the formulas
in
Subparagraphs i.(ii)
through (iv) below, shall be due and
owing within
60 days
of the date of
expiration
of the extension period.
In the event that Respondent determines not to
extend the
HLCUP, then the remaining amount of the SEP value,
as
calculated
in
Subparagraph i.(i)
below, shall be
due and
owing
within
120
days of written
notice of the non-extension.
Payment
shall be made to the
EPTF.
Non-payment of the SEP
amount outstanding
within this period of
time will be
subject to
interest,
as
provided below.
Failure by either
Complainant or the
Illinois
EPA to request an extension
of time within the
90 days prior to
expiration of the HLCUP shall
not adversely
impact Complainant’s right to utilize the Landfill
Capacity under this SEP or right
to
payment of any remaining amount of SEP
value that may be due under Subparagraph
The remaining amount
of the SEP value,
described
in
Subparagraph
h.
above,
shall
be calculated
as follows:
(i)
At
the end
of the five (5) year
HLCUP, the remaining
value of the
SEP shall
be the difference
between the $40,000.00 value
and
the amount of Hauling and/or
Landfill
Capacity
that has
been
used
by Complainant
multiplied by $160.00
per container or part
11
thereof for hauling from
Bachtown and $400.00
per semi-trailer load or part thereof hauling
from Easton and
$35.00/ton for all
landfills
but Sangamon Valley and $37.00 per ton for
Sangamon Valley for landfill
capacity.
As set forth above,
the multiplier of $160.00 and/or
$400.00 per container/semi-trailer load shall be applied
to the number of containers or parts
thereof hauled
by Respondent
and shall
be taken from receipts
provided
in
accordance with
paragraph f above. As
set forth above, the multiplier of $35.00 per ton and/or $37.00 per ton
shall be applied to the tons of landfill
capacity that has
been
used by the Complainant as
taken
from the gate
receipts.
(ii)
Between the date of the expiration
of the HLCUP,
plus an
extension of up to one
(1) year, for a total of
up
to six (6) years from the entry of a
Board
Order
accepting this Stipulation, the amount that is two-thirds (2/3) of the difference between
the
$40,000.00 value of the SEP and
the amount of Hauling and/or
Landfill Capacity calculated
in
accordance with
Subparagraph
i.(i). above.
(iii)
Between the date of the expiration
of the HLCUP,
plus an
extension
of between one
(1) and
up to
two (2) years, for a total of up to seven
(7) years from
the entry of a
Board Order accepting
this Stipulation, the amount that is one-third
(1/3) of the
difference between
the $40,000.00
value of the
SEP and
the amount of Hauling and/or Landfill
Capacity calculated
in
accordance with
Subparagraph
i.(i). above.
(iv)
The remaining
amount of the
SEP
value shall be zero seven (7)
years after the date of the entry of a Board
Order accepting
this Stipulation.
If Complainant fails
to
utilize
all of the Hauling and/or Landfill
Capacity by this date, Respondent shall
have
no
further obligations to
provide
Hauling and/or Landfill
Capacity.
(v)
Any amounts
owed Complainant shall
be paid
by
certified
check
payable to the Illinois Environmental
Protection Agency for deposit
in the Environmental
Protection
Trust Fund and
delivered to:
12
Illinois
Environmental Protection Agency
Fiscal
Services Division
1021 N. Grand Avenue East
P.O. Box 19276
Springfield,
IL 62702-9276
The name and
number of the case and
Respondent’s
FEIN shall appear on the face of
the certified check.
A copy of the payment transmittal
and check shall be simultaneously submitted to:
Office of the Attorney General
do Peggy Poitevint
Environmental Bureau
500
South
Second Street
Springfield, IL 62706
j.
For purposes of the notice
provided for above,
the parties may be
notified
by
contact with the following
persons or their designee:
For Complainant:
David Jansen
Illinois
EPA
4500 South
Sixth Street Road
Springfield, IL 62703
Kyle
Davis
Illinois
EPA
1021
N.
Grand
Ave.
East
P.O.
Box 19276
Springfield,
IL
62794-9276
For Respondent:
Brickyard
Disposal
and
Recycling,
Inc.
do Mr.
Harry Bent
Allied
Waste
Central Region
4340 Acer Grove Suite B
Springfield,
IL 62707
13
3.
INTEREST:
Pursuant to
Section 42(g) of the Act, 415
ILCS 5/42 (g) (2000),
interest shall accrue
on
any amount
not paid within the time prescribed
herein, at the maximum rate allowable
under
Section
1003(a) of the Illinois
Income Tax Act, 35
ILCS 5/1003 (a) (2000)
a.
Interest on
unpaid
amounts shall begin to accrue from the date the
payment is due and continue to
accrue to
the date
payment
is received by the
Illinois
EPA;
b.
Where partial payment is
made on any payment amount that is due, such
partial payment shall be first applied to any interest on
unpaid
amounts then
owing;
c.
All interest on amounts
owed Complainant shall be
paid
by
certified check
payable
to the Illinois
Environmental Protection Agency for deposit in
the Environmental
Protection
Trust Fund and
delivered to:
Illinois
Environmental Protection Agency
Fiscal
Services
Division
1021
N.
Grand Avenue East
P.O.
Box 19276
Springfield,
IL 62702-9276
A copy of the payment transmittal and
check shall
be simultaneously submitted to:
Office of the Attorney General
c/o
Peggy Poitevint
Environmental Bureau
500
South
Second Street
Springfield,
IL
62706
The name and
number of the case and
Respondent’s
FEIN shall appear on the face of
the certified
check.
4.
PAYMENT,
COLLECTION AND NOTIFICATION:
For issues
relating to the payment of the penalty,
Respondent may be
reached
at the
following address:
14
Brickyard
Disposal and
Recycling,
Inc.
c/o
Mr.
Harry Bent
Allied Waste
Central
Region
4340 Acer Grove Suite B
Springfield,
IL 62707
IX.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation
and
Proposal for Settlement in
no way affects
Respondent’s
responsibility to
comply with any federal,
state or local regulations,
including
but not limited to
the Act and
Board
Regulations,
35
III. Adm.
Code,
Subtitle A through
H.
X.
RIGHT OF ENTRY
In addition
to
any other authority,
the
Illinois
EPA,
its employees and
representatives,
and
the Illinois Attorney General,
their agents and
representatives,
shall
have
right of entry to
Respondent’s facility which is the subject of this Stipulation and
Proposal for Settlement at all-
reasonable times,
for the purposes
of conducting
inspections.
In
conducting
any inspection
of
Respondent’s facility, the Illinois
EPA,
its employees and
representatives,
and
the Attorney
General, their agents
and
representatives, may take any photographs,
samples and
collect
information, as they deem necessary.
XI.
RELEASE
FROM LIABILITY
In
consideration of
Respondent’s completion of the SEP contained
herein
and
its
commitment
to
refrain from future violations of the Act and
Board
regulations,
Complainant
releases, waives and
discharges Respondent from any further liability
or penalties for violations
of the Act and
regulations which were the subject matter of the Complaint herein,
upon the
completion
of
all
activities required
hereunder and the payment of all
monies owed.
The
15
release set forth above does not
extend
to
any matters
other than
those expressly specified in
Complainant’s Complaint filed
contemporaneously with the Stipulation and
Proposal for
Settlement.
Complainant reserves,
and this Stipulation is without prejudice to,
all rights of the
State of
Illinois against the Respondents with
respect
to all other matters, including
but not
limited to,
the following:
a.
Criminal liability;
b.
Liability for future violation
of state,
federal,
local, and
common
laws
and/or
regulations;
c.
Any future
liability for natural resources damage arising
out of the alleged
violations; or for
removal, cleanup,
or remedial actions
as a result of a release
of hazardous
substances or the liability of the
Respondent under the Comprehensive
Environmental
Response
Compensation and
Liability Act, 42
U.S.C.
Sections 9601-9675
and,
d.
Liability or claims based on
the Respondents failure
to satisfy the requirements
of this Stipulation
and
Proposal for Settlement.
Nothing in
this Stipulation and
Proposal for Settlement is intended
as
a waiver,
discharge,
release, or covenant not to sue for any claim or cause of action, administrative or
judicial,
civil or criminal,
past or future,
in law or in equity, which the State of Illinois or the
Illinois
EPA may have against any person,
as defined
by
Section
3.315 of the Act, 415 ILCS 5/3.315,
or entity other than the Respondents.
16
WHEREFORE, Complainant and
Respondent request that
the Board adopt and accept
the foregoing Stipulation and
Proposal for Settlement as written.
AGREED:
FOR THE
COMPLAINANT:
FOR THE
RESPONDENT:
PEOPLE
OF THE STATE
OF ILLINOIS,
BRICKYARD
DISPOSAL AND
LISA MADIGAN
RECYCLING,
INC.
Attorney General,
State of Illinois
MATTHEW J.
DUNN,
Chief
BY:_______________________
Environmental Enforcement’
Asbestos
Litigation
Division
Dated:
c
c..
—
—
~
BY:__________________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Dated:
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
BY:________
JOSEP
E.
SVOBODA
Chief Legal
Counsel
Dated:
17
