BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.)
No.
PCB
(Enforcement)
PREMIER WASTE & RECYCLING, INC.,
an Illinois
corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that
we have today, October 6, 2005,
filed
with the Office of the Clerk of the Illinois Pollution
Control Board the following Complaint, via electronic filing. A
copy of the complaint 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
MA)IAN
A rn Gnrl
the
S a
lios
BY:
CH TOPHER GRANT
As stant
Attorney General
Environmental Bureau
188 W.
Randolph St.,
2 0
Lh
Flr.
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
VS.)
No. PCB
(Enforcement)
PREMIER WASTE & RECYCLING, INC.,
an Illinois corporation,
Respondent.
COMPLAINT
Complainant, PEOPLE OF
THE STATE OF ILLINOIS, by LISA
MADJIGAN, Attorney General
of the State of Illinois, complains
of
Respondent, PREMIER WASTE & RECYCLING,
INC., as follows:
COUNT I
OPEN
DUMPING OF WASTE
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, pursuant to
the terms and provisions of Section
31
of the Illinois Environmental Protection Act ("Act")
,
415 ILCS
5/31 (2004).
2. Respondent
PREMIER WASTE & RECYCLING,
INC. ("Premier")
is an Illinois
corporation, duly authorized to
transact business
in the State of Illinois.
Premier is in the business
of waste
removal,-transportation,
and disposal.
3. As part of
its business, Premier picks up waste and
debris from
customer locations, and transports
the debris to
disposal
sites chosen by Premier.
4. From February,
2001 until May, 2004, Willie
H-. Carter,
an individual doing
business as Carter's Excavating
& Trucking,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
operated a waste
disposal
business on an
eight-acre
site located
at
15600 Commercial
Street, Harvey,
Cook County,
Illinois
("Carter
Site")
.
The Carter Site
has never
been covered
by an
Illinois
EPA permit
for the treatment,
storage,
or disposal
of
waste.
5.
On June
3, 2005, the
Circuit Court
of Cook
Co~unty
found,
after trial
in
People
v. Willie H.
Carter
et
al, 04 CH
5288/04
ME 2990 (consolidated),
that Willie
H. Carter
had
violated
Sections 21(a)
and 21(d) (1)
of the Act,
4.15 ILCS 5/21(a)
and 5/21(d)
(1) (2004)
,
by
operating an
illegal waste
disposal
business
at the Carter
Site. A copy
of the Court's
judgment
order is
attached hereto
as Exhibit
'A'.
6.
On a date better
known
to the Respondent,
but from
at
least December
9, 2002,
Premier began
bringing loads
of waste
and
debris
to the Carter
Site for
disposal.
7. Between
December 9, 2002
and May 30,
2003, Premier
brought at
least three
hundred eight
(308) truck loads
of debris
to the
Carter Site.
The debris was
dumped by the
Respondent
onto
the ground
at the Carter
Site.
8. The debris
dumped
by Respondent
at the Carter
Site
consisted
of mixtures
of broken and
waste concrete,
dirt, clay
discarded
metal and wire
mesh, broken
and waste
bricks, discarded
cinder
block, wood,
broken and waste
drywall,
paper, construction
debris, brickbat,
and waste
plastic
(collectively
"mixed
debris").
9.
Section 21(a)
of the Act,
415 ILCS 5/21(a)
(2004),
provides,
in pertinent
part, as follows:
-2-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
No person shall:
(a) Cause
or allow the open dumping of any waste.
10. Section
3.315 of the Act,, 41$ ILCS 5/3.315 (2004),
provides, as follows:
"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.
11. Respondent Premier, an Illinois corporation, is a
"person" as that term is defined by Section 3.315
of the Act, 415
ILCS 5/3.315 (2004).
12. Section 3.535 of the Act, 415 ILCS 5/3.535
(2004),
provides,
in pertinent part, as follows:
"WASTE" means any garbage...
.or any other discarded
material,
including any solid, liquid, semi-solid, or
contained
gaseous material resulting from industrial,
commercial, mining and agricultural
operations, and
from community activities ....
13. Sections
3.385 of the Act, 415 ILCS-5/3.385 (2004),
provides, as
follows:
"REFUSE"
means waste.
14. The Respondent discarded at least 308 loads of mixed
debris by dumping
it on the ground at the Carter Site. The mixed
debris
is therefore "waste" as that term is defined by Section
3.535 of the Act, and therefore also "refuse"
as defined by
Section 3.385 of the Act, 415 TLCS 5/3.535 and 5/3.385
(2004).
15. Section
3.185 of the Act, 415 ILCS 5/3.185 (2004),
-3-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
provides, as follows:
"Disposal" 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.
16. Section
3.460 of the Act, 415 ILCS 5/3.460 (2004),
provides, as follows:
"Site" means any location, place, tract of land,
and facilities, including but not limited to
buildings, and improvements used for purposes
subject to regulation or control by this Act or
regulations thereunder.
17. Respondent
Premier dumped waste at the Carter Site in a
manner that exposed the waste to
air and to the environment. The
Carter
Site is therefore a "disposal site" as defined in the
Act.
18. Section 3.305 of the Act, 415 ILCS 5/3.305 (2004),
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.
19. Section 3.445 of the Act, 415 ILCS 5/3.445
(2004),
provides, in pertinent part, as follows:
"SANITARY
LANDFILL" means a facility permitted by the
Agency for' the disposal of
waste on land meeting the
requirements of the Resource Conservation
and Recovery
Act, P.L 94-580.....
20. At all times
relevant to this Amended Complaint, the
Carter Site was not permitted
by the Illinois EPA for the
disposal of waste, and thus
did not fulfill the requirements of a
sanitary landfill.
21. By causing
and allowing the consolidation of waste from
-4-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
one or more sources at the Carter Site from at least December 9,
2002 until at least May 30, 2003, Respondent Premier caused and
allowed the open dumping of waste, and thereby violated Section
21(a) of the Act, 415 ILCS 5/21(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent PREMIER WASTE & RECYCLING, 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(a)
of the Act;
3. Ordering Respondent to cease and desist from future
violations of Section 21(a) of the Act;
4. Assessing a civil penalty of Fifty Thousand
Dollars
($50,000) against the Respondent for each violation of
Section 21(a) of the Act, 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 State in its pursuit of this
action; and
6. Granting such other relief as the Board deems
appropriate
and just.
COUNT II
WASTE DISPOSAL AT AN IMPROPER SITE
1-18. Complainant realleges and incorporates by
reference
herein paragraphs 2. through 8, paragraphs 10 through 17, and
-5-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
paragraphs
19 through 20
of Count I, as paragraphs
1 through
18
of this
Count II.
19.
Section 21(e) of
the Act, 415 ILCS
5/21(e) (2004),
provides, as follows:
No
person Shall
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.
20. The Respondent
disposed of at
least 308 truck loads
of
mixed debris
at the Carter Site,
a site that was not
permitted
for waste disposal
by the Illinois
EPA, and which therefore
did
not meet the requirements
of the Act.
The Respondent thereby
violated
Section 21(e)
of the Act, 415 TLCS
5/21(e) (2004).
WHEREFORE, Complainant,
PEOPLE OF
THE STATE OF ILLINOIS,
respectfully requests
that the Board
enter an order against
Respondent
PREMIER WASTE
& RECYCLING, 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
Section 21(e)
of
the Act;
3. Ordering the
Respondent to cease
and desist from any
future violations
of Section 21(e)
of the Act;
4. Assessing
a civil penalty
of Fifty Thousand
Dollars
($50,000)
against the Respondent
for each violation
of Section
21(e) of
the Act, and an additional
civil penalty
of Ten Thousand
-6-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
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 state 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 of the
State of Illinois
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement/Asbestos
WL'igation Division
BY:Ca
ROEMRE NCAZEA~UL, Chief
9tJ
Environmental Bureau
Assistant Attorney General
OF COUNSEL
CHRISTOPHER GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.2Oth Floor
Chicago, Illinois 60601
(312) 814-5388
-7-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
IN
THE
CIRCUIT
COURT
OF
COOK
COUrNTY,
ILLINOIS
COUNTY
DEPARTMENT,
CHANCERY
DIVISION
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ax
ret
LISA
MADIGAN,
Attorney)
General,
and
RicHARD
A.
DEVINE,
)
State's
Attorney,)
Plaintiff,
)
No.
04
CH
5288
V.)
WILLIE
H.
CARTER,
et
at-,
Defendants.)
DRlEsfiE,
INC.,)
)
-
consolidated
with
-
Plaintiff,
)
V.
)No.
04
M6-2990
DENISE
DICKEY,
et
at,
Defendants.
)4'JUDO
PETER
FLYNII
1JUN
03
2tb
JUDGENT
RDER
Circuit
Court
-
1784
the
evidence
These
and
two
arguments
consolidated
of
the
cases
parties
having
and
com~e
being
before
duly
the
advised
Court
in
for
the
trial,
premises,
the
Court
having
heard
ruling
on
IT
the
IS
HEREBY
record
herein
ORDERED
on
June
AND
1,
ADJUDGED
2005:
as
follows,
for
the
reasons
stated
in
the
Court's
oral
1.
The
Court
finds
and
concludes
that
Willie
H.
Carter
has
violated
415
ELCS
5/2
1(a)
EXHIBIT
--
Page
Iof
3-
A
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
by
assembling
and
maintaining
"Pile
No.
1
"
on
the
"Site"
(commonly
known
as
15600
Commercial,
Harvey,
Illinois),
and
has
violated
415
ILCS
5/2
1
(d)(
I)
bydoing
so
without
a
permit
from
the
illinois
Environmental
Protection
Agency
("IEPA').
Judgment
is
hereby
entered
in
favor
of
plaintiff
and
against
defendant
Carter
on
Counts
l
and
III
of
plaintiff's
First
Amended
Complaint
("Am.
Cplt".'~
2.
As
a
penalty
for
the
violations
identified
in
paragraph
I,
defendant
Willie
H.
Canter
shall
pay
to
the
State
of
Illinois
a
sum
equal
to
40%
of
the
cost
incurred
by
the
State
for
the
court
reporter
used
at
the
trial.
3.
The
Court
finds
and
concludes
that
Dresher,
Inc.
has
violated
415
ILCS
5/21
(a)
by
allowing
defendant
Canter
to
assemble
and
maintain
"Pile
No.
I "
on
the
"Site"
(defendant
Dresher's
property)
after
knowing
that
defendant
Canter
was
doing
so.
Judgment
is
hereby
entered
in
favor
of
plaintiff
and
against
defendant
Dresher,
Inc.
on
Am.
CpUt..
Count
I.
4.
As
a
penalty
for
the
violation
identified
in
paragraph
3,
defendant
Dresher,
Inc.
shall
pay
to
the
State
of
Illinois
a
sum
equal
to
40%
of
the
cost
incurred
by
the
State
for
the
court
reporter
used
at
the
trat.
5.
The
Court
finds
and
concludes
that
since
approximately
May
2004,
defendant
Dresher,
Inc.
has
excluded
defendant
Willie
H.
Canter
from
access
to
the
"Site."
Defendant
Dresher,
Inc.
has
obtained
an
Order
of
Possession
in
No.
04
M6-2990
evicting
Carter
and
those
in
privity
with
him
from
the
"Site."
Defendant
Dresher,
Inc.
has
theteby
assumed
responsibility
for
"Pile
No.
I"
located
on
the
"Site."
Accordingly,
defendant
Dresher,
Inc.
must
be,
and
is
hereby,
required
and
directed
to
implement
and
perform
its
proposed
work
plan
for
cleanup
of
the
"Site,"
as
provided
in.
Pi.
Ex.
29
(attached
hereto
as
Exhibit
A)
and
approved
by
IEPA,
pursuant
to
the
terms
thereof.
6.
The
Court
finds
and
concludes
that
under
the
circumstances
of
this
case,
Am.
CpUl..
Count
II
is
duplicative
of
Am.
Cplt.,
Count
I.
Accordingly,
Am.
Cp~t.,
Count
II
is
dismissed.
7.
The
Court
finds
and
concludes
that
under
the
circumstances
of
this
case,
Am.
Cplt.,
Count
NV
is
duplicative
ofAm.
Cp~t.,
Count
1.
Accordingly,
Am.
CpUt..
Count
N
is
dismissed.
S.
With
regard
to
defendant
Dresher's
claims.
against
defendant
Canter,
and
after
allowing
credit
and
set-off
to
defendant
Carter
wt
respect
to
"Pile
No.
I"
as
stated
in
the
Court's
oral
ruling
herein,
the
Court
finds
and
concludes
that
judgment
should
be,
and
it
is
hereby,
entered
in
favor
of
Dresher,
Inc.
and
against
defendant
Willie
H.
Canter
in
the
sum
of
Sl13,43
5.
51.
9.
Without
prejudice
to
any
possible
claims
for
damages
by
Ralph
Tolbert
against
defendant
Carter,
any
and
all
remaining
claims
of
Mr.
Canter
or
any
persons
in
privity
with
him
to
"Pile
No.
I
,"
and/or
to
any
personal
property
or
equipment
located
at
the
"Site,"
are
hereby
terminated
and
extinguished.
As
to
"Pile
No.
I,"
Mr.
Canter's
claims
are
reflected
in
the
credit
and
set-off
referred
to
in
paragraph
8.
As
to
any
other
personalty
or
equipment,
Mr.
Canter
has
had,
and
has
now
exhausted,
the
opportunity
to
remove
any
such
property
and
equipment
from
the
"Site."
-Page
2of
3
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
10.
To the extent
not otherwise
granted or addressed
hereby,
all remaining claims,
counterclaims,
and defenses
in No. 04 CH
5288 and/or No.
04 M6-2990
are dismissed.
11.
This Judgment
Order disposes
of all issues
herein and is a
final judgment.
DATED:
June
3, 2005
ENTER:
Circuit udge
-Page 3of 3 -
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
)
No. FCB
(Enforcement)
PREMIER WASTE & RECYCLING, INC.,
an Illinois corporation,
Respondent.
CERTIFICATE OF SERVICE
I, CHRISTOPHER
GRANT, an attorney, do certify that I caused
to be served this
6
th
day of October, 2005,
the foregoing
Complaint
and Notice of Filing upon the person listed below,
by
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 addressed to:
CHR ISTOPHER GRANT
Service
List:
Mr.
Donald J. Russ, Jr.
Registered Agent
30 South Wacker Drive,
2 6
t1h
Floor
Chicago, Illinois 60606
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
* * * * PCB 06-49 * * * * *
