OFFICE
OF THE ATFORNEY GENERAL
STATE
OF ILLINOIS
October 6,
2004
RECE~VED~
CLERK’S OFFICE
OCT
8
2OO~
STATE OF ILLINOIS
POllUtiOn Control
Board
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James
R. Thompson Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois 60601
Re:
People
v. Auto Recyclers
-
C.
& D.
Ent.,
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.
JB/pp
Enclosures
500 S0LIII
Second
Street, Sprin&~flcId,Illinois
62706
•
(217)
782-1090
•
‘I’TY: (217)
785—2771
•
F:x:
(217) 782—7046
100 \Vcst
R:indolph Street. (~liic~igo,
Illinois
611601
•
(312)
814—300(1
•
TV:
(312) 814—3374
•
Fax: (312)
814—3806
1001
Fast \1:dn,
(~arbondaIe,
Illinois
62901
•
(61$)
529—6400
•
I”I’\:
(618)
529—6403
•
lax:
(61$) 529—1)416
Lisa Madigan
AYFORNEY
GENERAL
~nniferB6nkowski
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECE~VED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
OCT -8 ~
PEOPLE OF THE STATE OF
)
STATE OF ILLINOI~
ILLINOIS,
S
)
POII~tI~~
Control Boe
Complainant,
vs.
)
PCB
No.
)
(Enforcement)
AUTO RECYCLERS
-
C. &
D.
)
ENTERPRISES,
INC., an
Illinois
)
corporation,
Respondent.
NOTICE OF FILING
To:
Auto Recyclers
-
C.
&
D.
Enterprises,
Inc.
do Cheryl
L.
Hayes,
R.A.
920
E.
Phillips
Springfield,
IL 62702
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 thi~
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 MADIGAN,
S
Attorney General
of the
State of
Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigatipn
Divisiop
S
BY:
~
(\
/
JENf\~I~ER
BONKOWSKI
J
Ass ist~nt
Attorney General
k-”
Environmental Bureau
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October 6,
2004
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
October 6,
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:
S
To:
Auto Recyclers
-
C.
& 0.
Enterprises,
Inc.
do Cheryl
L.
Hayes,
R.A.
920
E.
Phillips
Springfield,
IL 62702
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
S
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
S
£~
e
r~ifer
Bonkd~Lvski
S
Ass1stant Attorney General.
This filing
is
submitted
on recycled paper
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
ocr
-8
~
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
P~lj~ti~~
Control
B03r-
Complainant,
v.
.
)
PCB
NO.
)
(Enforcement)
AUTO RECYCLERS
-
C.
& D.
ENTERPRISES,
)
INC., an Illinois
corporation,
5)
Respondent.
)
APPEARANCE
1,
JENNIFER BONKOWSKI,
Assistant Attorney 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,
S
PEOPLE OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of
Illinois,
S
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
itigation
Division
JENNIFER
BONKOWSKI
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
S
Dated:________
REC~VE~
S
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
OCT
8
~ijtj~
PEOPLE OF THE STATE
OF ILLINOIS,
)
~
)
Complainant,
)
v.
)
PCBNO.
)
(Enforcement)
AUTO RECYCLERS
-
C. & 0.
ENTERPRISES,
)
S
INC., an
Illinois
corporation,
)
Respondent.
)
S
COMPLAINT
Complainant,
PEOPLE OF THE STATE
OF ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois,
and
at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
complains
of Respondent, AUTO
RECYCLERS
- C.
&
0.
ENTERPRISES,
INC.,
as follows:
.
S
S
S
COUNT
LAND
POLLUTION VIOLATIONS
S
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).
L
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.
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.
Defendant Auto Recyclers
- C.
&
0.
Enterprises,
Inc.
(“ARCD”),
is an
Illinois
1
corporation
in good standing and
currently operates
a facility at
920
East Phillips
Street,
Springfield,
Sangamon
County,
Illinois (“ARCD
site”).
ARCD’s registered agent is Cheryl
Hayes,
920 East Phillips
Street,
Springfield,
Illinois,
62702.
5.
At all times
relevant to
this Complaint,
automotive salvage operations
have been
conducted at
the ARCO
site, generally involving the removal
of engines, radiators,
and
other
components, with the vehicle carcass
being sold
for scrap and
removed from
the
site.
Additionally, automotive fluids
such as gasoline and antifreeze,
are drained
from the vehicles
during
salvage operations.
6.
Section
21
of the Act, 415
ILCS 5/21
(2002),
provides
in pertinent part,
as
follows:
No
person shall:
(a)
Cause or allow the open dumping
of any waste.
(d)
Conduct any waste-storage, waste-treatment, or waste-disposal
S
operation:
*
*
*
(2).
In violation
of any regulations or standards
adopted
by the
Board
under this Act;
*
*
*
(e)
Dispose,
treat, store
or abandon any waste,
or
transport any waste into this
State for disposal,
treatment,
storage or abandonment,
except at a
site or facility which meets the requirements
of this
Act and of regulations and standards thereunder.
*
*
*
2
(p)
In violation of subdivision (a) of this Section,
cause or allow the open
dumping
of waste
in a manner which results
in any
of the following
occurrences
at the dump site:
(1)
litter;
*
*
*
(3)
open
burning;
*
*
*
7.
Section
3.300
of the Act,
415
ILCS 5/3.300
(2002),
provides
as follows:
“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.
8.
Section 3.535
of the Act, 415 ILCS 5/3.535 (2002),
provides as follows:
“Waste”
means any garbage, sludge
from
a.waste treatment
plant,
water supply 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.
.
.
.
S.
9.
On
July 2,
1998,
the Illinois
EPA conducted
an
inspection of the ARCD site
in
order
to
investigate a complaint
and
observed waste fluids,
including gasoline and
oil,
had
been
spilled
upon the ground.
The spillage of such fluids
stained
and
contaminated the ground
and
gravel.
10.
On
November 24,
1998,
the
Illinois
EPA conducted
an inspection
of the ARCD
site
and
noted
that the stained
and
contaminated
ground and
gravel resulting from the spillage
of fluids
had not been
removed for proper disposal.
3
11.
.
On
October 18~2000, the
Illinois EPA conducted
an inspection
of the ARCD site.
The stained and
contaminated ground
and
gravel resulting from the spillage of fluids
had
not
been
removed for proper
disposal.
12.
On January 7,
2003,
the
Illinois
EPA conducted
an
inspection of the ARCD site.
The stained and
contaminated
ground
and
gravel resulting from the spillage of fluids
had
not
been removed for proper disposal.
13.
On January 9, 2004,
the Illinois
EPA conducted
an
inspection of the ARCD site.
The stained
and
contaminated ground
and gravel resulting
from the spillage of fluids
had
not
been removed for proper disposal.
14.
On
or before July
2,
1998,
and continuing through January 9,
2004,
the
Defendant has caused or allowed the open
dumping of waste
at
the ARCD site through the
consolidation of refuse from numerous sources.
The site is not permitted
by the
Illinois
EPA
as
a sanitary landfill
nor does the site meet the requirements of the Act
and of the regulations and
the standards
promulgated thereunder.
S
S
15.
By causing or allowing
the open
dumping of waste, the
Defendant has violated
Section 21(a)
of the Act,
415
ILCS 5/21 (a) (2002).
16.
By disposing or abandoning waste at a site that does
not meet the requirements
of the Act and
of the regulations and
the standards
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,
Auto Recyclers
-
C.
&
0.
Enterprises,
Inc.:
4
A.
Authorizing
a
hearing
in this matter at which time the
Respondent will be
required to answer the allegations
herein;
B.
Finding that
Respondent has
violated the Act and
regulations as
alleged
herein;
C.
Ordering Respondent to cease
and
desist from
any further violations of the Act
and
associated
regulations;
D.
Pursuant
to
Section 42(a) of the Act, 415 ILCS 5/42(a)
(2002),
impose a civil
penalty
of not more than
the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding the
Complainant its
costs and
reasonable attorney’s fees;
and
F.
Granting
such
other relief as
the
Board
may deem
appropriate.
S
COUNT II
WASTE SAMPLING
VIOLATIONS
S
1-14.
Plaintiff realleges and
incorporates
herein paragraphs
1
through
14
of Count
I
as
paragraphs I
through
14
of this Count
II.
15.
Section 722.111
of the Pollution
Control
Board’s Waste
Disposal
Regulations,
35
Ill.
Adm.
Code 722.111,
provides,
in pertinent part,
as follows:
A person who
generates
solid waste,
as defined in
35
Ill. Adm.
Code
721 .102, shall determine
if that waste
is
a hazardous waste
using the
following
method:
a)
The person should first determine if the waste is excluded
from
regulation under
35
Ill.
Adm.
Code 721.104.
b)
The person should then
determine
if the waste
is listed
as
a
hazardous waste
in 35
Ill.
Adm.
Code 721 .Subpart
D.
*S**
5
c)
For purposes
of compliance
with 35
Ill.
Adm.
Code
728, or
if the waste is not listed as a
hazardous waste in
35
Ill.
Adm. Code
721 .Subpart
0,
the generator shall then
determine whether the waste
is
identified
in
35
Ill. Adm.
Code 721.Subpart C by either:
1)
Testing
the waste
according
to the
methods set
forth
in
35
III.
Adm.
Code 721.Subpart
C,
or
according
to an
equivalent method
approved
by the
Board
under 35
III. Adm.
Code 720.121;
*
*
*
16.
Section 808.121
of the Pollution
Control Board’s Waste
Disposal
Regulations,
35
III.
Adm.
Code 808.121,
provides,
in pertinent
part,
as follows:
a)
Each
person
who generates waste shall determine
whether the waste
is a special waste.
*
*
*
17.
From
at
least July 2,
1998 until
January
3,
2001,
ARCD failed
to determine
whether the stained
and
contaminated ground
and
gravel resulting from the spillage of waste
fluids
were hazardous
or special wastes,
and thereby violated Sections
722.111
and 808.121
of
the Pollution
Control
Board’s Waste Disposal
Regulations,
35
III. Adm.
Code 722.111
and
808. 121.
18.
By violating
Sections 722.111
and 808.l2lof the Pollution
Control Board’s Waste
Disposal Regulations,
35
III. Adm.
Code 722.111
and 808.121, ARCD has
also violated
Section
21(d)(2)
of the Act,
415
ILCS 5/21(d)(2).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the
State
of Illinois,
respectfully request
that
the
Board
enter an order against the Respondent,
Auto Recyclers
- C.
& 0.
Enterprises,
Inc.:
6
A.
Authorizing a hearing
in this matter
at which time the Respondent will
be
required to
answer the allegations herein;
B.
Finding that Respondent has violated the Act and
regulations
as alleged
herein;
C.
Ordering Respondent to cease and
desist from any further violations
of the Act
and
associated
regulations;
D.
Pursuant to
Section
42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
awarding the
Complainant its costs and
reasonable attorney’s fees;
and
S
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
MATTHEWJ. DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY’______________________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
JENNIFER
BONKOWSKI
S
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
/O/.2
~
~y
7
