•
RECEIVED
CLERK’S OFFICE
SEP
152004
STATE OF ILLINOIS
Pollution
Control Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF
ILLINOIS
Lisa Madigan
~
6O~~
ATTORNEY GENERAL
September 14,
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.
Clean Harbors Env. Services,
Inc.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE
in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies
of the
documents
to
our
office
in
the
enclosed self-addressed~
stamped envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
ennifer’Bonkowski
nvironmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
JB/pp
Enclosures
500 South Second
Street,
Springfield, Illinois
62706
•
(217) 782-1090
•
TTY:
(217) 785-2771
•
Fax: (217)
782-7046
100 \Vest
Randolph Street,
Chicago, Illinois
60601
•
(312)
814—300))
•
iii:
(312)
814—3374
•
Fax:
(312) 814—3806
1001
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(
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1llinoi~62901
(618)
~‘9
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6416
E
BEFORE THE
ILLINOIS POLLUTION .CONTROL BOARD
SEP
152004
PEOPLE OF THE
STATE OF
)
-
‘
STATE OF ILLIrjojs
ILLINOIS,
)
Ution Control
Boarc
Complainant,
vs.
)
PCBNo.
(,)‘~
)
(Enforcement)
CLEAN
HARBORS ENVIRONMENTAL
)
SERVICES,
INC.,
a Massachusetts
corporation,
Respondent.
NOTICE OF FILING
To:
Clean
Harbors Environmental
Services,
Inc.
c/a
C.
T. Corporation System
208
S.
LaSalle
Street,
Ste.
814
Chicago,
IL 60604-1101
PLEASE TAKE NOTICE that on
this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is attached
hereto
and
herewith
served
upon
you.
Failure
to file
an
answer to
this Complaint within
60 days
may have
severe consequences.
Failure
to
answer will
mean
that all allegations
in
this Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure, you should
contact the hearing officer assigned to this proceeding, the Clerk’s Office
or an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act, 20
ILCS
3515/1
(2002), to correct the pollution alleged in
the Complaint filed
in this
case.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MAD IGAN,
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_________
(~/JENN
IF1ER BONKOWSKI
JAssistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
September 14, 2004
2’
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
September
14, 2004, send
by certified
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,
ENTRY OF APPEARANCE and
COMPLAINT:
To:
Clean
Harbors
Environmental Services,
Inc.
c/o
C.
T.
Corporation System
208 S.
LaSalle
Street,
Ste.
814
Chicago,
IL 60604-1101
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
1*nifer B~’nkowski
(~sistant
Attorney General
This filing
is
submitted
on
recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
SEP
152004
STATE OF ILLINOIS
POJj~tt~~
Control Boari
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
V.
)
PCBNO.
(Enforcement)
CLEAN
HARBORS ENVIRONMENTAL
SERVICES, INC.,
a Massachusetts
Corporation
Respondent.
APPEARANCE
I, JENNIFER
BONKOWSKI, AssistantAttorney General
of the State of
Illinois,
hereby
file
my appearance in
this proceeding
on behalf of the Complainant,
PEOPLE OF THE STATE
OF ILLINOIS.
Respectfully Submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA
MADIGAN,
Attorney General
of the
State
of Illinois,
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
~
//
LJENNIFE~BONKOWSKI,
L/Assistant Attorney General
JENNIFER
BONKOWSKI
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031,’,
Dated:___________
/
/
1
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SEP
15
2004
STATE OF ILLINOIS
Pollution Control Boarci
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
V.
)
PCB NO.
)
(Enforcement)
CLEAN
HARBORS ENVIRONMENTAL
SERVICES,
INC., a Massachusetts
)
Corporation
)
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General
of the State of Illinois,
complains
of Respondent,
CLEAN
HARBORS
ENVIRONMENTAL
SERVICES, INC.,
a
Massachusetts
corporation, as follows:
COUNT I
UNPERMITTED WASTE STORAGE VIOLATIONS
1.
This Complaint is brought by the Attorney General on her own
motion
and at the
request of the Illinois
Environmental
Protection Agency (“Illinois
EPA”), pursuant to the terms
and provisions
of Section
31
of the Illinois
Environmental
Protection Act (“Act”),
415
ILCS 5/31
(2002).
2.
The Illinois
EPA
is an
agency of the State
of Illinois created
by the Illinois
General Assembly
in
Section
4 of the Act, 415
ILCS 5/4 (2002),
and
charged,
inter a/ia,
with
the
duty of enforcing the Act in
proceedings before the Illinois
Pollution
Control Board
(“Board”).
1
3.
This Complaint is brought pursuant to
Section
31
of the Act, 415
ILCS
5/31
(2002),
after providing the Respondent with
notice and the opportunity for a meeting with the
Illinois
EPA.
4.
Clean
Harbors
Environmental Services,
Inc.
(“Clean
Harbors”) is a
Massachusetts corporation registered
to do
business in
Illinois.
5.
Clean
Harbors’ registered
agent
is
CT Corporation
System,
208 South
LaSalle
St,
Suite
814,
Chicago,
Illinois, 60604-1101.
6.
Section
21
of the Act, 415
ILCS 5/21
(2002),
provides,
in
pertinent part,
as
follows:
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
*
*
*;or
2.
In violation
of any regulations or standards adopted
by the
Board
under this Act;
*
*
*
This subsection (d) shall not apply to
hazardous waste.
*
*
*
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 regulations and
standards thereunder.
7.
Section 3.315 of the Act, 415
ILCS 5/3.315 (2002),
defines
2
“person” as:
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.
8.
Section
807.201
of the Board’s Waste
Disposal
Regulations, 35
Ill.
Adm.
Code 807.201,
provides as follows:
Subject to such
exemption as expressly provided
in
Section 21(e)
(III.
Rev.
Stat.
1981,
ch.
111
1/2,
par.
1021(e))
of the Act as to
the requirement of obtaining a
permit,
no person shall cause or allow the development of
any new
solid waste management site or cause or allow
the modification of an existing solid waste management
site without
a Development Permit issued
by the Agency.
9.
Section
807.202 of the
Board’s Waste
Disposal
Regulations,
35
Ill.
Adm.
Code 807.202,
provides as
follows:
a) New Solid Waste
Management Sites.
Subject to
such
exemption
as expressly
provided
in Section
21(e) of the
Act
(III.
Rev.
Stat.
1982,
ch.
111
1/2,
par. 1021(e)) as to
the requirement of obtaining a permit,
no
person shall
cause or allow the use
or operation of any solid waste
management site for which a Development Permit is
required
under Section 807.20 1
without an
Operating
Permit issued
by the Agency,
except for such
testing
operations
as may be authorized
by the Development
Permit.
10.
The term “solid waste”
is defined
in Section 3.470 of the Act, 415
ILCS 5/3.470
(2002),
as waste.
11.
Clean
Harbors
operates a less than
10-day hazardous waste
transfer station at
3
Three
Rivers RV and
Boat Storage
in
South Roxana, Madison
County,
Illinois.
This hazardous
waste transfer operation
is exempt from permitting.
12.
Clean
Harbors
uses a
small,
less than trailer-load,
truck
to go from
business to
business collecting
containers of waste.
The small truck
returns to Three
Rivers RV and
Boat
and
unloads
into
a 40-foot box trailer.
13.
Beginning
on
at
least November 11,
2003,
Clean
Harbors also operated
a
non hazardous waste
transfer station at
the
site.
14.
The Illinois
EPA conducted a
Compliance Evaluation
Inspection of the facility on
November
13,
2003.
Inspectors reviewed
seven
manifests for waste
transferred
to the facility.
The manifests showed
that both
hazardous and
nonhazardous waste
were
being transferred
from small trucks to
the box trailer.
15.
On November 11,
2003,
one
drum of nonhazardous
diethtylenetriamine and
one
drum of nonhazardous waste were transferred
from a small truck to the large trailer.
16.
Wastes transferred
on
November 12,
2003,
included
12
poly fiber containers of
nonhazardous water and
plastic, one
poly fiber container of nonhazardous waste,
and two poly
fiber containers of aqueous
drLlg waste.
17.
Clean
Harbors parked the trailer at the site for about a week
before waste
was
placed into the trailer on
November
11,
2003.
The trailer was to
be moved
on
November 19,
2003.
Therefore,
nonhazardous waste was
stored at the facility for at least eight days before
being
shipped to another Clean
Harbors
location.
18.
Beginning
at
least on
November
11, 2003,
the Defendant
has conducted a
nonhazardous waste-storage operation
in
South Roxana without the necessary permits granted
by the Illinois
EPA,
and
in violation
of Sections 807.201
and
807.202 of the Board’s Waste
Disposal
Regulations,
35
III. Adm.
Code 807.201
and 807.202.
4
19.
By conducting
a waste-storage operation at
the facility without a permit
granted
by the
Illinois
EPA, or in violation of any regulations or standards
adopted
by the Board,
the
Defendant has
violated
Section
21(d) of the Act, 415
ILCS 21(d) (2002).
20.
By storing waste at a
site that does
not meet the requirements of the Act and
of the standards and
regulations promulgated thereunder,
the Defendant 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,
respectfully request that
the
Board
enter an order
against the Respondent,
Clean
Harbors:
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) for each
violation
that occurred and
an
additional
penalty of ten thousand
($10,000) for each
day during
which such violations
continued;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its
costs and
reasonable
attorney’s fees;
and
F.
Granting
such other relief as the
Board
may deem
appropriate.
5
Of Counsel
JENNIFER BONKOWSKI
Assistant Attorney General
500
South Second Street
Springfield,
Illinois
62706
217/782-9~
1
Dated:
7// £1~O~
6
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS,
LISA MADIGAN,
Attorney General
State
of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY~
THOMAS
DAVIS
Assistant Attorney General
Environmental Bureau
