BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OP THE STATE OF ILLINOIS,
Complainant,
V.
)
No.
WASTE MANAGEMENT OF ILLINOIS, INC.,)
a Delaware corporation,
Respondent.
NOTICE OF FILING
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that we have today, September
13, 2005,
filed with the office of the Clerk
of the Illinois Pollution
Control Board by
electronic filing the following Complaint, a
copy of which is attached and hereby 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.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
BY:
Aistant Attorney
General
Environmental Bureau
188 W. Randolph St.,
2 0
th
Flr.
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
V.
)
No.
WASTE MANAGEMENT
OF ILLINOIS, INC.,)
a Delaware
corporation,
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE
STATE OF ILLINOIS, by LISA
MADIGAN, Attorney
General of the State of Illinois, complains
of
the.Respondent,
WASTE MANAGEMENT OF ILLINOIS,
INC., as follows:
COUNT
I
VIOLATION
OF LANDlFILL OPERATING 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
(2004).
2. The Illinois EPA is an administrative
agency
established
in the executive branch of the State
government by
Section 4 of the Act, 415 ILCS 5/4
(2004), and is charged,
inter
alia,
with the duty of enforcing
the Act.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
3. Respondent, WASTE MANAGEMENT OF ILLINOIS, INC.
("WMI"),, is a Delaware corporation, duly authorized to transact
business in the State of Illinois. WMI is the permitted operator
of Prairie Hill Recycling and Disposal.
4. Prairie
Hill Recycling and Disposal ("Prairie Hill")
is a municipal solid waste sanitary landfill, located in
Morrison, Whiteside County, Illinois. Prairie Hill is owned by
the County of
Whiteside.
5. As operator of a sanitary landfill, Prairie Hill is
required to obtain an Illinois EPA-issued Permit for solid waste
disposal operations. On July 15, 1994, the Respondent was
issued Permit No. 1994-579-LF ("Permit") by Illinois EPA, as
operator. Permit No. 1994-579-LF was renewed for an additional
five-year period on July 15, 2005.
6. Permit No. 1994-579-LF allows the disposal of
municipal solid waste in the Prairie Hill landfill, pursuant to
enumerated conditions. However, Prairie Hill is not a permitted
RCRA hazardous waste management facility. At all times relevant
to this complaint, the Respondent did not have an assigned USEPA
hazardous waste identification number, and was not permitted for
the storage, treatment or disposal of hazardous waste at Prairie
Hill.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
'7. Permit No. 1994-579-LF provides, in pertinent
part, as
follows:
II. OPERATING CONDITI-ONS
2. The operator
of this solid waste facility
shall not conduct the operation in a
manner
which results in any off the following:
(g) acceptance off wastes without
necessary
permni ts;
8. As part of its landfill
operations, the Respondent
transpotts solid waste from
customer locations for disposal at
Prairie Hill. At all times relevant to this Complaint, one of
the Respondent's
waste disposal customers was Magellan Midstream
Partners,
L.P. ("Magellan").
9. Magellan is the owner and operator of a petroleum
products distribution
terminal, located at
1222
U.S. Route 30,
Amboy, Lee
County, Illinois. During June and July, 2004,
Magellan generated
solid waste, in the form of petroleum-
contaminated Styrofoam ("waste Styrofoam")
,
from
repair/rehabilitation of petroleum products storage tanks.
The
waste
Styrofoam was placed in the Respondent's waste transport
containers at Magellan's Amboy, Illinois facility.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
10. On or about July 2, 2004, Magellan arranged
for
testing of the waste Styrofoam, using
the Toxicity
Characteristic Leaching Procedure C~'TCLP")
.
The
test results
indicated that the waste Styrofoam
had a TCLP-tested benzene
concentration of 6.3 milligrams per liter
("mg/L"1)
.
On July 16,
2004, Magellan provided these test results to
the Respondent.
11. On July 20, 2004, the Respondent picked up two
container
loads of the waste Styrofoam from Magellan's
Amboy
facility.
12. On July 20, 2004, the Respondent disposed
of the two
loads of waste Styrofoam in
an active disposal cell of Prairie
Hill.
At the end of the operating day, the waste Styrofoam
was
covered
with soil.
13. On July 22, 2004, the
Respondent notified Illinois EPA
that it
had accepted and disposed of hazardous waste at Prairie
Hill. The hazardous waste was
identified as the two loads of
waste Styrofoam accepted from Magellan's
facility on July 20,
2 004 .
14. Section 21(d) of the Act, 415 ILCS 5/21(d)
(2004),
provides, in pertinent part, as
follows:
No person shall:
Cd) Conduct any waste-storage,
waste-treatment; or
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
waste-disposal
operation:
(1) Without a
permit granted by the Agency
or
in violation
of any conditions imposed
by
such permit ...
15. Section 3.315 of the Act,
415 ILCS 5/3.315 (2004),
provides, as follows:
"Person is any individual,
partnership, co-
partnership, firm,
company, corporation, association,
joint stock
company, trust, estate,
political
subdivision,
state agency, or any
other legal entity,
or their legal representative,
agent or assigns.
16.
The Respondent is a 'person'
as that term is
defined
by Section 3.315 of the Act,
415 TLCS 5/3.315 (2004).
17. Section
3.535 of the Act, 415
ILCS 5/3.535 (2004),
provides, in
pertinent part, as follows:
"Waste" means
any 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 ...
18.
The waste Styrofoam was
discarded by Magellan,
and is
"waste" as that term
is defined by Section 3.535
of the Act, 415
ILCS 5/3.535 (2004).
19. Pursuant to
authority granted under the Act,
and in
conformance with the Resource
Conservation and
Recovery Act
("RCRA"), 42 U.S.C.
6901 et
seq.,
the Illinois
Pollution Control
Board has
promulgated regulations
applicable to the disposal
of
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
solid
waste, found at 35 Ill. Adm. Code, Subtitle G, Chapter
I
("Board Waste Disposal
regulations").
20. Section
721.102 of the Board Waste Disposal
regulations, 35 Ill. Adm. Code 721.102,
provides, in pertinent
part, as follows:
Definition of Solid WaBte
a) Solid waste.
1) A solid waste is any discarded material
that is not excluded by Section
721.104(a) or that is not excluded
pursuant to 35 Ill.
Adm. Code 720.130
and 720.131.
(2) A discarded material is any
material
that is described as follows:
(A) Abandoned, as explained
in
subsection (b) of this Section;
b) A material is a solid waste if it is
abandoned in one of the following ways:
(1) It is disposed
of;
21. The waste
Styrofoam was disposed of by the Respondent
through placement in a landfill, and was therefore
'discarded'.
The waste
Styrofoam is therefore 'solid waste' as that term
is
defined and used in the
Board Waste Disposal regulations.
22. Section 721.120
of the Board Waste Disposal
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
regulations, 35 Ill. Adm. Code 721.120, provides, in pertinent
part, as follows:
General
a) A solid waste, as defined in Section 721.102,
which is not excluded from regulation as a
hazardous waste under
Section 721.104(b), is
a hazardous waste if it exhibits any of the
characteristics
identified in this
Subpart
C.
23. Section 721.124 of the Board Waste Disposal
regulations, 35 Ill. Adm. Code 721.124, provides, in pertinent
part, as follows:
Toxicity Characteristic
a) A solid waste (except manufactured gas plant
waste) exhibits the characteristic of
toxicity if, using the Toxicity
Characteristic Leaching Procedure TCLP)
...
the
extract from a representative sample of the
waste contains any of the contaminants listed
in the table in subsection (b) of this
Section at a concentration equal to or
greater than the respective
value given in
that table ....
b) A solid waste that exhibits the
characteristic of toxicity has the USEPA
hazardous waste number specified in the
following table that corresponds to the toxic
contaminant causing it to be hazardous.
MAXIMUM.CONCENTRATION OF CONTAMINANTS FOR THE
TOXICITY CHARACTERISTIC
USEPA
Contaminant
GAS No.
Regulatory
Hazardous
Level
Waste No.
(mg/n)
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
D1018
Benzene
71 -43-2
0.5
24.
The waste Styrofoam had a TCLP-tested benzene
conbentration of 6.3 mg/in, greatly exceeding
the maximum benzene
concentration listed
in 35 Ill. Adm. Code 721.124. The waste
Styrofoam is therefore 'hazardous
waste', with the USEPA
Hazardous Waste
Number of D018.
25. Section 3.185 of the Act, 415 ILCS 5/3.185
(2004),
provides, as follows:
t"Disposal"l
means the discharge,
deposit, injection,
dumping,
spilling, leaking or placing of any waste
or
hazardous waste into or on any land or
water or into
any well so that such waste or
hazardous waste or any
constituent thereof may enter the environment or be
emitted into
the air or discharged into any waters,
including ground
waters.
26. The Respondent's
acceptance and placement of the waste
Styrofoam in an active disposal cell
at the Prairie Hill
facility constituted 'disposal'
as that term is defined in the
Act.
27. At all times relevant to this Complaint,
Permit No.
1994-579 did not allow the
disposal of hazardous waste. By
accepting and disposing
of the waste Styrofoam at the Prairie
Hill Landfill, the Respondent violated Condition
II.2.g of
Permit No. 1994-579-LF, and thereby also, violated
Section
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
21,(d) (1) of the Act, 415 TLCS 5/21(d) (1) (2004).
WHEREFORE, Complainant,-PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent, WASTE MANAGEMENT OF
ILLINOIS, INC. on 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 Permit No. 1994-579-LF;
3. Ordering the Respondent
to cease and desist from any
further violation of Section 21(d) (1) of the Act, and Fermit No.
1994-579-LF;
4. Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars ($50,000) for bach violation of the Act,
and Permit No. 1994-579-,LF, and an additional civil penalty of
Ten Thousand Dollars ($10,000) for each day of violation;
5. Assessing ali~costs against the Respondent, pursuant
to Section
42(f) of the Act, including attorney, expert witness
and consultant fees expended by the State in its pursuit of this
action; and
6. Granting such other relief as the Board deems
appropriate and just.
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
Count II
ACCEPTING HAZARDlOUS WASTE
WITHOUT
A RCRA HAZARDOUS WASTE PERMIT
1-25. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 13, and paragraphs
15 through 26 of
Count I, as paragraphs
1 through 25 of this Count II.
26. At all times relevant
to this Complaint, the
.Respondent did not have a Resource Conservation
and Recovery Act
permit ("RCRA permit") for
the treatment, storage or disposal of
hazardous waste at Prairie Hill.
27. Section
21(o) of the Act, 415 ILCS 5/21(o) (2004),
provides, in pertinent part, as follows:
No Person
Shall:
Co) Conduct a sanitary landfill operation which
is required to have a permit
under subsection
(d) of this Section, in a manner which
results in any of the following conditions:
(7) acceptance
of wastes without necessary
permits;
28. Section 21(f) of the Act, 415 TLCS 5/21(f)
(2004),
provides, in pertinent part,
as follows:
No Person Shall:
f) Conduct any hazardous waste-storage,
hazardous waste-treatment, or hazardous
waste-disposal operation:
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
1) without a RCRA permit for the site
issued by the Agency under subsection
Cd) 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
2) in violation of
any regulations and
standards adopted by the Board under
this Act;
29. Section 703.121 of the Board Waste Disposal
regulations, 35 Ill. Adm. Code 703.121, provides in pertinent
part, as follows:
RCRA Permits
(a) No person may conduct any hazardous waste
storage, hazardous waste treatment, or
hazardous waste disposal operation as
follows:
1) Without a RCPA permit for the HWM
(hazardous waste management) facility;
30. On July 20, 2004, the Respondent
disposed of the waste
Styrofoam, and therefore 'conducted a waste disposal operation'
at the Site, a sanitary landfill. Because the waste Styrofoam
was hazardous waste, the Respondent also 'conducted a hazardous
I1I
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
waste disposal operation.
31. By accepting a classified waste without required
permits for that classification of waste, at Prairie Hill, a
sanitary landfill regulated by Permit No. 1994-579-LF, the
Respondent violated Section 21(o) (7) of the Act, 415 ILCS
5/21 (0) (7) (2004) .
32. By conducting a hazardous waste disposal operation
without a RCRA permit, the Respondent violated Section 21(f) (1)
of the Act, 415 ILCS 5/21(f) (1) (2004), and Section 703.121(a) of
the Board Waste Disposal regulations, 35 Ill. Adm. Code
703.121(a). By violating 35 Ill. Adm. Code 703.121(a), the
Respondent also violated Section 21(f) (2) of the Act, 415 ILCS
5/21(f) (2) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent, WASTE MANAGEMENT OF
ILLINOIS, INC., on 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 Sections
21(o) (7), 21(f) (1), and 21(f) (2) of he Act, and 35 Ill, Adm.
Code 703.121(a);
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
3. ordering the Respondent
to cease and desist from
any
further violation
of Sections 21(o) (7), 21(f)
(1), and 21(f) (2)
of the Act,
and 35 Ill. Adm. Code 703.121(a);
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars ($50,000)
for each violation of Section
21(o) (7) of
the Act, and an additional civil
penalty of Ten
Thousand Dollars
($10,000) for each day of violation;
5. Assessing against
the Respondent a civil penalty
of
Twenty Five Thousand
Dollars ($25,000) for each day of
violation
of Sections
21(f) (1) and 21(f) (2) of the
Act, and 35 Ill. Adm.
Code
703 .121 (a);
6.
Assessing all costs against the Respondent, pursuant
to
Section 42(f) of the Act, including
attorney, expert
witness
and consultant
fees expended by the State in its
pursuit of this
action;
and
7.. Granting
such other relief as the Board
deems
appropriate and just.
Count III
VIOLATION OF REGULATIONS APPLICABLE
TO TRANSPORTERS
OF HAZARDOUS WASTE
1-26. Complainant hereby realleges and incorporates
by
reference
herein, paragraphs 1 through
25, and paragraph 28, of
Count
II, as paragraphs 1 through 26 of this Count
III.
27. On July 20, 2.004,
the Respondent accepted
two
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
container
loads of the waste
Styrofoam from the
Magellan
facility.
However, the Respondent
failed to obtain an
EPA waste
identification
number prior
to transporting and disposing
of the
waste
at Prairie Hill.
The Respondent also
failed to obtain a
manifest from Magellan
for the two
waste loads prior
to
accepting
the waste for transport
and disposal.
28. Section 720.110
of the Board
Waste Disposal
.regulations,
35 Ill. Adm.
Code 720.110, provides,
in pertinent
part,
as follows:
"Generator" means
any person, by
site location,
whose act
or process produces
hazardous waste
identified
or listed in 35
Ill. Adm. Code 721
or
whose
act first causes
a hazardous
waste to become
subject
to regulation.
"Transporter"
means a person
engaged in
the off-site
.transportation
of hazardous waste
by air, rail,
highway, or
water;
29. Magellan's
storage tank
rehabilitation activities
produced
the waste Styrofoam,
a hazardous waste.
Magellan is
therefore a 'generator'
of hazardous waste.
30. The Respondent
picked up and transported
two loads of
the
waste Styrofoam from
Magellan's Amboy facility
to Prairie
Hill. The
Respondent is therefore
a 'transporter' of
hazardous
14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
waste.
31. Section 723.120(a)
of the Board Waste Disposal
Regulations,, 35
Ill. Adm. Code 723.120(a), provides, in
pertinent part, as follows:
The Manifest
System
(a) No acceptance without a
manifest.
(1) A transporter
shall not accept hazardous
waste from a generator unless it is
accompanied
by a manifest signed in
accordance with the provisions of
35 Ill.
Adm. Code 722.120 ....
32. Section
723.111 of the Board Waste Disposal
Regulations, 35 Ill. Adm. Code
723.111, provides, in pertinent
part, as follows:
USEPA Identification Number
(a) A transporter must not
transport hazardous
waste without
having received an EPA
identification
number from the Administrator.
33. The Respondent accepted and transported
hazardous
waste without a hazardous
waste manifest, and thereby violated
Section 723.120(a) of the Board
Waste Disposal regulation, 35
Ill. Adm. Code 723.120(a),
and thereby also, violated Section
21(f) (2) of the Act, 415 ILCS
5/21(f) (2004).
34. The Respondent
transported hazardous
waste without
first obtaining a USEPA
identification number. The Respondent
thereby violated
Section 723.111 of the Board
Waste Disposal
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
regulations, 35 Ill. Adm. Code
723.111, and thereby also,
violated Section 21(f) (2) of the Act, 415 TLCS 5/21(f) (2) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that, the Board enter an order in favor of
the Complainant and against the Respondent, WASTE MANAGEMENT OF
ILLINOIS, INC., on Count III:
1. Authorizing a hearing of this matter, at which time
the Respondent will be required to answer the allegations
herein;
2. Finding that the Respondent has violated Section
21(f) (2) of the Act, and 35 Ill. Adm. Code Sections 723.120 (a)
and 723.111;
3. ordering the Respondent to cease and desist from any
further violations of Section 21(f) (2) of the Act, and 35 Ill.
Adm. Codes Sections 723.120(a) and 723.111;
4. Assessing against the Respondent a civil penalty of
Twenty Five Thousand Dollars ($25,000) for each day of violation
of Section of Section 21(f) (2) of the Act, and 35 Ill.
Adm. Code
Sections 723.120(a) and 723.111;
5. Assessing all costs against the Respondent, pursuant
to Section 42(f) of the Act, including attorney, expert
witness
and consultant fees expended by the State in its pursuit of this
action; and
16
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
6. Granting such other relief as the Board
deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
by
LISA MADIGAN,
Attorney General of the State of
Illinois,
MATTHEW
J. DUNN,
Chief, Environmental
Enforcement/Asbestos Litigation
Division
ROSEMARECA.f
Environm
'Bureau North
Assistant Attorney General
OF COUNSEL:
CHRISTOPHER GRANT
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 2Oth~
Floor
Chicago, IL 60601
(312) 814-5388
17
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.
)
No.
WASTE MANAGEMENT OF
ILLINOIS, INC.,)
a Delaware corporation,
Respondent.
CERTI.FICATE OF SERVICE
-I, CHRISTOPHER GRANT,
an attorney, do certify that I caused
to be served this
1 3
t~h
day of September, 2005, the
foregoing
Complaint and Notice of Filing upon person listed below, by
registered certified mail, by placing same in an envelope bearing
sufficient postage with the United
States Postal Service located
at 100 W. Randolph, Chicago Illinois and ad
ressed t
CHRISTOPHER GRANT
Service List:
WASTE
MANAGEMENT
OF
ILLINOIS, INC.
c/a CT Corporation System
208 S. La Salle Street, Suite 814
Chicago, IL 60604-1101
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 13, 2005
* * * * * * PCB 2006-042 * * * * * *
