BEFORE. THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFF!CE
PEOPLE OF THE STATE OF ILLINOIS,
)
JUN 032005
STATE OF ILLINOIS
Complainant,
Pollution
Control
Board
-~~-
No.
HOMEWOOD DISPOSAL SERVICE,
INC.,
an Illinois corporation,
Respondent.
To: See Attached Service List.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today,
June
3,
2005,
filed with
the
Office
of
the
Clerk
of
the
Illinois
Pollution
Control
Board
an
original
and
four
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.
NOTIFICATION
YOU
ARE
HEREBY NOTIFIED that financing may be available through
the Illinois Environmental facilities financing act
20
ILCS 3515/1
et
seq.
to
correct
the
alleged
pollution.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
BY:
~
~
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2O~Flr.
Chicago,
IL 60601
(312)
814-1511
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 032005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIS
Pollution Control Board
Complainant,
-vs-
)
No. PCB
-O~
(Enforcement)
HOMEWOOD
DISPOSAL
SERVICE,
INC.,
an
Illinois
corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General
of the State of Illinois,
complains of
Respondent, HOMEWOOD DISPOSAL SERVICE,
INC.,
an Illinois
corporation,
as follows:
COUNT
I
~4ODIFICATION
OF A WASTE MANAGEMENT
SITE WITHOUT A PERMIT
1.
This complaint
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 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.
Illinois EPA is an administrative agency of the State of
Illinois,
established by Section 4 of the Act,
415 ILCS 5/4
(2002), and is charged,
inter alia,
with the duty of enforcing
the Act.
3.
Respondent HOMEWOOD DISPOSAL SERVICE,
INC.
(“HOMEWOOD”)
is an Illinois corporation,
duly organized and existing under the
—1—
laws of the State of Illinois.
4.
At all times relevant to this complaint,
Homewood
operated a solid waste transfer station business at the location
of 25 South Park Street,
Park Forest,
Cook County,
Illinois
(“Site”)
.
5.
The Respondent receives approximately 275 to 300 tons of
waste at the Site daily,
including tires, landscape waste,
scrap
metals,
and other general refuse.
This refuse is accumulated
from a number of off-site locations and shipped out daily.
7.
On June
11,
1995,
Illinois EPA issued Supplemental
Permit No. l995-020-SP
(“Permit”)
to the Respondent.
This permit
supplemented Permit Nos.
1980-1-DE and 1980-1-OP,
the original
development and operating permits which authorized the Respondent
to operate a waste transfer station for solid waste.
The
Supplemental Permit primarily allowed the change of name to the
Respondent.
Special Condition No.
5 of the Supplemental Permit
requires that a closure plan be developed and submitted to the
Agency within 90 days of the issue date of the permit pursuant to
35 Ill. Adm.
Code 807.501.
8.
Section 21(d) (1)
of the Act, 415 ILCS 5/21(d) (1) (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.
*
*
*
-2-
9.
Section
3.315
of the Act,
415 ILCS 5/3.315
(2002),
provides the following definition:
“PERSON” is an individual,
partnership, co-
partnership,
firm,
company,
limited liability
company, corporation, association, joint
stock company,
trust, political subdivision,
state agency, or any other legal entity, or
their legal representative,
agent or assigns.
10.
Respondent’s
operation of the facility
is subject to
the Act and the Rules and Regulations promulgated by the Illinois
Pollution Control Board
(“Board”)
.
The Board’s regulations for
Solid Waste and Special Waste Handling are found in Title 35,
Subtitle G, Chapter I,
Subchapter
i,
of the Illinois
Administrative Code
(“Board Regulations for Solid Waste
Handling”).
11.
Section 807.210 of the Board Regulations for Solid
Waste Handling,
35
Ill.
Adm.
Code 807.210,
provides as follows:
Supplemental Permits
No person shall cause or allow modifications of
any solid waste management site or accept any type
of waste except under conditions specified in a
permit issued by the Agency.
Development,
operating
and
experimental
permits may be modified
by
a
supplemental
permit
issued
by
the
Agency
to
allow
such
modifications.
12.
The Respondent,
an Illinois corporation,
is a “person”
as that term is defined in the Act.
13.
At some prior to February 6,
2004,
at a time better
known to Respondent,
Respondent modified its site by adding an
addition to the building to enlarge
its operations approximately
30 feet beyond its permitted boundary.
It did not seek orobtain
a
permit
for
said
modifications
before they were completed.
-3-
14.
As of December of 2004, Respondent has obtained the
requisite supplemental permit addressing the previous
modification and several additional ones.
15.
By adding an addition to its waste transfer station
building without obtaining a Permit modification, Respondent has
violated Section 21(d) (1)
of the Act, 415 ILCS 5/21(d) (1) (2002),
and Section 807.210 of the Board Regulations for Solid Waste
Handling,
35
Ill. Adm. Code 807.210.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent,
HOMEWOOD DISPOSAL SERVICE,
INC.,
on this Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section
21(d) (1)
of the Act and Section 807.210 of the Board Regulations
for Solid Waste Handling;
3.
Ordering the Respondent to cease and desist from any
further violations of Section 21(d) (1)
of the Act and Section
807.210 of the Board Regulations for Solid Waste Handling;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000) against the Respondent for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000)
for each day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act, including attorney,
expert witness,
and
consultant fees expended by the Complainant in its pursuit of
this action; and
-4-
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT II
VIOLATION OF SPECIAL PERMIT CONDITION
1-12.
Complainant realleges
and
incorporates
by
reference
paragraphs
1 through 12,
of
Count
I
as
paragraphs
1 through 12
of
this Count II.
13.
Respondent’s Supplemental Permit No. 1995-020-SP
issued June
11,
1995
contains Special Condition No.
5
which
provides as follows:
A Closure Plan shall
be developed and •submitted to the
Agency within 90 days of the issue date of this permit
pursuant to Title 35
Ill. Adm.
Code,
Section 807.501.
14.
A Closure Plan was received by the Illinois EPA on
February 24,
1999 as part of a Permit Application.
On April
9,
1999,
the Illinois EPA notified the Respondent that the Permit
Application was deemed NOT to have been filed because of
incompleteness,
therefore no Closure Plan was considered filed.
15.
On June 28,
2004,
Respondent filed a subsequent Closure
Plan with another Permit Application which was accepted by the
Illinois EPA.
16.
By failing to submit a Closure Plan to the Agency,
Respondent violated Section 21(d)
(1)
of the Act,
415 ILCS
5/21(d)
(1) (2002)
and Special Condition No.
5 of its Supplemental
PermitNo.
1995-020-SP.
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully requests that the Board enter an order
against the Respondent, HOMEWOOD DISPOSAL SERVICE,
INC. on this
-5-
Count
II:
1.
Authorizing a hearing in this matter at
which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section
21(d)
(1)
of the Act and Special Condition No.
5 of its
Supplemental Permit No.
l995-020-SP;
3.
Ordering the Respondent
to cease and desist from any
further
violations
of
Section
21(d)
(1)
of
the Act and Special
Condition No.
5 of its Supplemental Permit No.
1995-020-SP;
of
the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000)
against the Respondent for each violation of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000)
for each day of violation;
5.
Or~deringthe Respondent to pay all costs, pursuant to
Section 42(f)
of the Act,
including attorney,
expert witness,
and
consultant fees expended
by the Complainant in its pursuit of
this action; and
6.
Granting such other relief
as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State
of
Illinois
-6-
MATTHEW J.
DU1\IN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSE
RI
CAZE U,
Ch
Environmental Bureau
Assistant Attorney Gene
OF COUNSEL
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188
W. Randolph St.,2Oth Floor
Chicago,
Illinois 60601
(312)
814-1511
-7-
CERTIFICATE OF SERVICE
I,
PAULA BECKER WHEELER,
an Assistant Attorney General in this
case,
do certify that
I caused to be served this
3rd day of June,
2005,
the foregoing Complaint and Notice
of Filing upon the person
listed on said Notice by depositing same in an envelope, by first
class postage prepaid, with the United States Postal Service at 188
West Randolph Street,
Chicago, Illinois, at or before the hour of 5:00
p.m.
PAULA
BECKER WHEELER
June 3,
2005
SERVICE LIST
Mr.
Charles
F.
Helsten
Attorney
for
Respondent
Hinshaw
& Culbertson LLP
100 Park Avenue
P.O.
Box
1389
Rockford,
IL
61105
