OFFICE OF THE AYFORNEY GENERAL
STATE
OF ILLINOIS
RECEIVED
CLERKS OFFICE
SEP
012005
STATE OF ILLINOIS
Pollution Control Board
Lisa Madigan
,VVEORNEY
GENERAL
August 30,
2005
P
The Honorable
Dorothy Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson
Center, Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
Re:
People
v.
J & S
Companies,
Inc.,
et al.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
an
Entry
of
Appearance,
Complaint
and
Notice
of Filing
in
regard
to the above-captioned matter.
Please file
the originals
and
return file-stamped copies
to me
in the enclosed,
self-addressed envelope.
Thank
you for your cooperation
and
consideration.
74risten
L1
Environmerntal
Burea
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
500 South Second Street, Springfield, Illinois
62706
•
(217)
782-1090
•
‘FI’Y:
(217) 785-2771
•
Fax:
(217) 782-7046
100 \Vest Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY: (312) 814-3374
•
Fax:
(312)
814-3806
1001
East Main,
Carbundale, Illinois
62901
•
(618) 529-6400
•
TTY:
(618) 529-6403
•
Fax:
(618) 529-6416
Very truly yours,
KL/pp
Enclosures
s-
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SEP
012005
PEOPLE OF THE
STATE OF
)
STATE OF ILLiNOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
VS.
)
PCB
No.
0(9
(Enforcement)
J
& S
COMPANIES,
INC.,
a Missouri
corporation, and
FIRST CHOICE
CONSTRUCTION, INC., an
Illinois
corporation,
)
Respondents.
NOTICE OF FILING
To:
J
&
S
Companies,
Inc.
First Choice
Construction,
Inc.
do CT Corporation
System,
R.A.
do Thomas
A.
Lechien,
R.A.
208
S.
LaSalle Street
-
Ste.
814
120W. Main~St.,
Ste.
110
Chicago,
IL
60604-1101
Belleville,
IL 62220
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
proceedirig,_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
(2004), to
correct the pollution alleged
in
the Complaint filed
in this case.
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
August 30,
2005
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS
LISA
MADIGAN,
Attorney General of
the
State of
Illinois
MATTHEW
J.
DUNN, Chief
Environm~taIEnforcement/Asbesi
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on August
30, 2005,
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:
J
&
S Companies,
Inc.
do C T Corporation
System,
R.A.
208 5.
LaSalle Street
Ste.
814
Chicago,
IL 60604-1101
and
the original and ten copies
by
First Class
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
First Choice
Construction,
Inc.
c/o Thomas A.
Lechien,
R.A.
120W.
Main
3t.,
Ste.
110
Belleville,
IL 62220
Mail with
postage
thereon fully prepaid of the
This filing is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE STATE OF
)
SEP
0
t
2005
ILLINOIS,
)
STATE OF ILUNOIS
Complainant,
)
Pollution
Control Board
VS.
)
PCB
No.
oC~3~
(Enforcement)
J
&
S COMPANIES,
INC.,
a Missouri
corporation, and
FIRST CHOICE
CONSTRUCTION, INC.,
an
Illinois
corporation,
Respondent.
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHRIDGE, Assistant Attorney General
of the State
of
Illinois, hereby enters her appearance
as
attorney of record.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General of the
State
of Illinois
MATTHEW
J.
DUNN, Chief
Environmen~lEnforcement/Asbestos
Litig4t16n
BY-
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Assistant Attorney
Dated:
August 30, 2005
RECEIVED
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
SEP
012005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF IWNOIS
Pollution Control Board
Complainant,
vs.
)
No.
PCB 06-
(Enforcement)
J
& S
COMPANIES,
INC.,
a
Missouri
corporation,
and
FIRST CHOICE
CONSTRUCTION, INC., an
Illinois
corporation,
Respondents.
COMPLAINT
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,
complains
of the Respondents,
J
&
S
COMPANIES,
INC., and
FIRST
CHOICE CONSTRUCTION, INC.,
as follows:
-
COUNT
I
WASTE
DISPOSAL VIOLATIONS
1.
This Count
is brought
by
the 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
(“the 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.
3.
The Complaint
is
brought pursuant to
Section
31
of the Act,
415
ILCS 5/31
(2002),
after providing the Respondents
with notice and
opportunity for
a meeting
with
the
Illinois
EPA.
4.
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
operation:
1.
Without a
permit granted
by the Agency.
.
.
;
or
2.
In
violation of any
regulations or standards adopted
by the
Board
under this Act;
or
*
*
*
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.
*
*
*
p.
In violation
of subdivision
(a) of this Section,
cause or allow the open
dumping
of any waste in
a manner which results
in
any of the following
occurrences at
the dump site:
1.
litter;
*
*
*
7.
Deposition
of:
(i)
general
construction or demolition debris as defined in
Section
3.160(a) of this Act;
*
*
*
5.
Section 3.305 of the Act, 415
ILCS 5/3.305
(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.
6.
Section 3.445 of the Act,
415
ILCS 5/3.445
(2002),
provides,
in pertinent
part, as
follows:
“Sanitary
landfill”
means a facility permitted
by the Agency for the disposal of
waste
on
land
.
.
.
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.
2
7.
Section
3.160(a) of the Act, 415
ILCS 5/3.160(a) (2002),
provides:
(a)
“General construction or demolition debris” means non-hazardous,
uncontaminated
materials resulting
from
the construction,
remodeling,
repair,
and
demolition of utilities,
structures,
and
roads, limited
to the following:
bricks,
concrete,
and other masonry materials;
soil,
rock;
wood,
including
non-
hazardous
painted, treated, and
coated
wood and
wood products;
wall coverings;
plaster;
drywall; plumbing fixtures;
non-asbestos
insulation;
roofing shingles and
other roof coverings;
reclaimed asphalt
pavement;
glass;
plastics
that are not
sealed
in a manner that
conceals waste;
electrical
wiring and
components
containing
no
hazardous
substances;
and
piping
or metals
incidental
to any
of
those materials.
General
construction or demolition debris does
not include
uncontaminated
soil
generated
during
construction,
remodeling, repair,
and
demolition of utilities,
structures,
and
roads provided the uncontaminated
soil
is
not commingled with
any general
construction or demolition debris or other waste.
8.
During
2003,
J
&
S
COMPANIES,
INC.,
demolished the Lansdowne Junior High
School
in East St.
Louis,
St. Clair County,
Illinois,
pursuant to
a contract with
the
Board
of
Education—School
District 189.
FIRST CHOICE CONSTRUCTION, INC.,
was
hired
by
J
&
S
COMPANIES,
INC.,
to
haul
the construction and
demolition debris from
the school demolition
site.
9.
FIRST CHOICE CONSTRUCTION, INC., with
the knowledge of
J
&
S
COMPANIES,
INC.,
hauled
approximately 92
truckloads of
construction and
demolition debris
from the school demolition
site
to a
property at
7401 Bunkum
Road
in
East St.
Louis.
10.
Starting
on or about
February 6,
2003 until
about
December 3,
2003 on
dates
better known
to the Respondents,
the Respondents caused or allowed the open dumping of
waste and demolition debris at a
disposal site.
The property at 7401
Bunkum
Road
in
East
St.
Louis
is
not permitted
by the Illinois
EPA as
a sanitary
landfill nor does
the
disposal
site meet
the requirements of
the Act
and of
the regulations and the standards
promulgated
thereunder.
11.
By causing or allowing
the open
dumping of waste,
the Respondents
have
violated Section
21(a)
of the Act, 415
ILCS 5/21(a) (2002).
3
12.
Starting
on
or about
February
6,
2003
until about
December
3,
2003
on
dates
better known to
the Respondents,
the Respondents conducted
a waste-storage or waste-
disposal operation without
a
permit granted
by the
Illinois
EPA or in violation
of any regulations
or standards
adopted
by the Board.
13.
By
conducting
a waste-storage or waste-disposal
operation upon
its
property
without
a permit
granted by
the Illinois
EPA or
in
violation of any Board
regulations or
standards,
the Respondents have violated
Section 21(d)
of the Act,
415
ILCS
21(d)
(2002).
14.
Starting
on
or about
February 6,
2003 until
about
December 3,
2003
on
dates
better
known
to the Respondents,
the Respondents disposed
or stored waste at
a
site which
did
not meet the requirements of the Act and
of the standards
and regulations
promulgated
thereunder.
15.
By disposing or storing or transporting waste at orto a site which
did
not meet
the requirements of
the Act and
of the standards and
regulations
promulgated
thereunder,
the
Respondents have
violated
Section 21(e)
of the Act,
415
ILCS 5/21(e)
(2002).
16.
Starting
on
or about February 6,
2003
until
about December
3, 2003
on
dates
better known to the Respondents,
the Respondents caused or allowed the open
dumping
of
waste
in
a
manner which
has resulted
in litter.
17.
By
causing or allowing
the open dumping
of waste
in a manner which resulted
in
litter at or from
the dump site,
the Respondents
have violated
Section
21 (p)(1) of the Act, 415
ILCS 5/2l(p)(1)
(2002).
PRAYER FOR RELIEF
WHEREFORE,
the Complainant,
People
of the
State of Illinois,
respectfully requests
that this
Board
enter an
Order against
J
&
S COMPANIES,
INC., and
FIRST CHOICE
CONSTRUCTION, INC.:
4
A.
Authorizing
a hearing
in
this matter
at which time
the Respondents will be
required
to answer the allegations
herein;
B.
Finding that the Respondents
have violated
the Act and
regulations
as alleged
herein;
C.
Ordering Respondents 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),
award the
Complainant its
costs
in this matter,
including
reasonable
attorney’s fees and
costs;
and
F.
Grant such other and
further relief as
the
Board
deems appropriate.
COUNT
II
DEMOLITION
DEBRIS
VIOLATIONS
1
-
10.
Complainant realleges and
incorporates
by reference
herein paragraphs
1
through
10
of Count
I
as paragraphs
1
through
10
of this Count
II.
11.
During
2003, the Respondents caused
or allowed the open dumping of general
construction or demolition debris
as defined
in 3.160 of the Act, 415
ILCS 5/3.160
(2002).
12.
By
causing or allowing the open
dumping
of waste
in a manner which
has
resulted
in the deposition of general construction or demolition debris at the dump site,
the
Respondents
have violated
Section
21(p)(7) of the Act,
415
ILCS 5/21(p)(7)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People of the State
of
Illinois,
respectfully requests
that the
Board
grant the following
relief against
J
&
S
COMPANIES,
INC.,
and
FIRST CHOICE
CONSTRUCTION, INC.:
5
A.
Authorizing
a hearing
in
this matter
at which
time
the Respondents will
be
required to
answer the allegations
herein;
B.
Finding
that the Respondents have
violated
the Act and
regulations as
alleged
herein;
C.
Ordering
Respondents 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
upon
the
Respondents a monetary
penalty of not more than
the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
award the
Complainant its costs
in this
matter,
including
reasonable attorney’s fees and
costs;
and
F.
Grant such other and
further relief as the
Board
deems
appropriate.
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
BY:_____________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
Of Counsel
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-90
1
/
Dated:____________
6
