Lisa Madigan
NITORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. Saline County Landfill, Inc.
Dear Clerk Gunn
.
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint 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
.
Very truly yours,
J. L. Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
'I'1'Y:
(618) 529-6403
•
Fax: (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 22, 2005
RECEIVED
CLERK'S OFFICE
DEC 2 8 2005
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
>
~
((~
VS .
)
PCB No .
UI.P
(Enforcement)
SALINE COUNTY LANDFILL, INC .,
)
an Illinois corporation,
)
Respondent .
)
RECEIVED
CLERK'S OFFICE
DEC 2 8 2005
STATE OF
ILLINOIS
Pollution Control Board
NOTICE OF FILING
To
:
Saline County Landfill, . Inc .
c/o CT Corporation System
208 South LaSalle Street
Suite 814
Chicago, IL 60604-1135
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 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 (2004), to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
L-
lvti~~ -^ -"
J . L. HOMAN
-
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on December 22, 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 :
Saline County Landfill, Inc .
c/o CT Corporation System
208 South LaSalle Street
Suite 814
Chicago, IL 60604-1135
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
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
This filing is submitted on recycled paper
.
J. L. Homan
Assistant Attorney General
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 8 2005
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
UG -~~1
vs
.
)
PCB No .
(Enforcement)
SALINE COUNTY LANDFILL, INC .,
)
an Illinois corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J . L. HOMAN,
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
Environmental Enforcement/Asbestos
Litigation Division
BY :
J. L. HOMAN
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
DEC 2 8 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
Pollution Control Board
-VS-
PCB No .
0("111
(Enforcement)
SALINE COUNTY LANDFILL, INC .,
an Illinois corporation,
Respondent .
)
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 Respondent, Saline County Landfill, Incorporated, as
follows
:
COUNT I
PERMIT VIOLATION
1 .
This Count 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 Section 31 of the Illinois
Environmental Protection Act ("the Act"), 415 ILCS 5/31 (2004)
.
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 (2004), and charged inter alia, with the
duty of enforcing the Act
.
3 .
Saline County Landfill, Incorporated, is and was at all times relevant to this
Complaint, an Illinois corporation in good standing . The registered agent for Saline County
Landfill is CT Corporation System, 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604-
1
1135
.
Saline County Landfill's president is Steve Meyer who maybe reached at 14138 East
Desert, Scottsdale, Arizona, 85259
.
4 .
Respondent is and was at all times relevant to this Complaint the owner and
operator of a landfill located at 5000 Whitesville Road, Harrisburg, Illinois 62946 (the "site")
.
This landfill is currently a thirty acre permitted solid waste landfill
.
of the Saline County Landfill. While on site, the inspector went to the top of the filled area at
the approximate center of the landfill . The inspector observed refuse protruding through the
available cover in an area measuring approximately fifteen yards by forty yards
.
8 .
On August 26, 2003, the Illinois EPA conducted another inspection of site to
verify that the site had been brought back into compliance. The inspector proceeded to the top
of the filled area to find waste protruding through the cover in the same general fifteen yard by
2
5
.
415 ILCS 5/21(o)(5) (2004), provides as follows
:
Prohibited acts. No person shall
:
(o)
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 :
(5)
uncovered refuse remaining from any previous operating day or at
the conclusion of any operating day, unless authorized by permit
;
6
.
35 111. Admin. Code 811 .106(a) provides as follows :
7
.
Daily Cover
a)
A uniform layer of at least .015 meter (six inches) of clean soil material
shall be placed on all exposed wastes by the end of each day of
operation .
On June 25, 2003, a representative of the Illinois EPA conducted an inspection
forty yard area previously observed, although the Defendant has represented that the waste in
the landfill had been covered to a depth of one foot since the June 25, 2003 inspection
.
9 .
By conducting operations at a permitted sanitary landfill in such a manner that
uncovered refuse remained from any previous operating day or at the close of an operating
day, the Respondent has violated Section 21 (o)(5) of the Act, 415 ILCS 5/21 (o)(5)(2004) .
10
.
Because the Respondent did not provide a uniform layer of at least six inches of
clean soil over all exposed waste on site by the end of each day of operation, the Respondent
has violated 35 III . Adm. Code 811 .106(a) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief
:
A .
Find that the Respondent has violated Section 21(o)(5) of the Act, 415 ILCS
5/21(o)(5)(2004), and 35 III. Adm. Code Section 811 .106 ;
B
.
Order the Respondent to cease and desist from further violations of the Act and
its regulations
;
C
.
Assess against the Respondent a monetary penalty in accordance with the
statutes
;
D
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2000), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E
.
Grant such other and further relief as this Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
By LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
3
Of Counsel
J . L. Homan
Assistant Attorney General
Environmental Bureau/Springfield
500 South Second Street
Springfield, Illinois 62706
Date : 12. /-tI /u
c
Environmental Enforcement Division/Asbestos
Litigation Division
BY :
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
4
