ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs
.
No .
PCB 06-49
(Enforcement)
PREMIER WASTE & RECYCLING, INC .,
an Illinois corporation,
Respondent
.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, March 3,
BY
:
,P
with the Office of the Clerk of the Illinois Pollution Control
Board a Stipulation and Proposal for Settlement, and Motion to
Waive the Requirement of a Hearing,
by electronic filinq
.
Copies
of these documents are attached
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney Gene al of the
State of Illi ois
ISTOPHER GRANT
sistant.Attorney General
Environmental Bureau
188 W. Randolph St ., 20t" Flr
.
Chicago, IL 60601
(312)814-5388
2006, filed
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 3, 2006
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs
.
No. PCB 06-49
(Enforcement)
PREMIER WASTE & RECYCLING, INC .,
an Illinois corporation,
Respondent
.
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois, and
requests relief from the requirement of a hearing in this matter
.
In support thereof, the Complainant states as .follows
:
1
.
Along with this Motion, Complainant is filing a
Stipulation and Proposal for Settlement executed between
Complainant and Respondent, PREMIER WASTE & RECYCLING, INC .
Section 31 of the Act, 415 ILLS 5/31 (2004), provides, in
pertinent part, as follows
:
(c) (2)
Notwithstanding the provisions of subdivision (1)
of this subsection (c), whenever a complaint has
been filed on behalf of the Agency or by the
People of the State of Illinois, the parties may
file with the Board a stipulation and proposal for
settlement accompanied by a request for relief
from the requirement of a hearing pursuant to
subdivision (1) . Unless the Board, in its
discretion, concludes that a hearing will be held,
the Board shall cause notice of the stipulation,
proposal and request for relief to be published
and sent in the same manner as is required for
3
.
4
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
hearing pursuant
to subdivision
(1)
of this
subsection
.
The notice shall include
a statement
that any person may file a written demand for
hearing within 21 days after receiving the notice
.
If any person files a timely written demand for
hearing, the Board shall deny the request for
relief from a hearing and shall hold a hearing in
accordance with the provisions of subdivision (1)
.
No hearing is now scheduled in this matter
.
The Complainant, PEOPLE OF THE STATE OF ILLINOIS,
hereby requests relief from the requirement of a hearing pursuant
to 415 ILCS 5/31(c)(2) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN Chief
Environmental E orcement/Asbestos
Liti ation Divi ion
BY
:
RISTOPHER GRANT
sistant Attorney General
Environmental Bureau
188 W . Randolph St ., #2001
Chicago, Illinois 60601
(312) 814-5388
-2-
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
.
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs
.
)
No. PCB 06-42
(Enforcement)
PREMIER WASTE & RECYCLING, INC .,
)
an Illinois corporation,
)
Respondent
.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and PREMIER
WASTE & RECYCLING, INC . ("Respondent"), have agreed to the making
of this Stipulation and Proposal for Settlement ("Stipulation")
and submit it to the Illinois Pollution Control Board ("Board")
for approval . The parties agree that the statement of facts
contained herein represents a fair summary of the evidence and
testimony which would be introduced by the parties if a hearing
.
were held. The parties further stipulate that this statement of
facts is made and agreed upon for purposes of settlement only and
that neither the fact that a party has entered into this
Stipulation, nor any of the facts stipulated herein, shall be
introduced into evidence in any other proceeding regarding the
claims asserted in the Complaint except as otherwise provided
herein. If the Board approves and enters this Stipulation,
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Respondent agrees to be bound by the Stipulation and Board Order
and not to contest their validity in any subsequent proceeding to
implement or enforce their terms
.
I . JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act ("Act"), 415 ILLS 5/1 et
seq .
(2004)
.
II-AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into the terms and conditions of this Stipulation and to
legally bind them to it
.
III . STATEMENT OF FACTS
A .
Parties
1
.
On October 6, 2005, a Complaint was filed on behalf of
the People of the State of Illinois by Lisa Madigan, Attorney
General of the State of Illinois, on her own motion pursuant to
Section 31 of the Act, 415 ILCS 5/31 (2004), against the
Respondent
.
2
.
At all times relevant to the Complaint, Respondent was,
and is, an Illinois corporation that is authorized to transact
business in the State of Illinois . Respondent is in the business
2
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 3, 2006
of solid waste transportation, recycling, and disposal
.
B
.
Site Description
1
.
From February, 2001 until May, 2004, Willie H . Carter,
an individual doing business as Carter's Excavating & Trucking,
operated a waste disposal business on an eight-acre site located
at 15600 Commercial Street, Harvey, Cook County, Illinois
("Carter Site") . At all times relevant, the Carter Site was not
covered by an Illinois EPA permit for the treatment, storage, or
disposal of waste
.
2
.
During the period December 9, 2002 through May 30,
2003, the Respondent discarded waste, in the form of
construction and demolition debris, at the Carter Site
.
3
.
On June 3, 2005, the Circuit Court of Cook County
found, after trial in
People
v .
Willie H .
Carter et al, 04 CH
5288/04 M6 2990 (consolidated), that
Willie
H. Carter had
violated Sections 21(a) and 21(d)(1) of the Act, 415 ILCS 5/21(a)
and 5/21(d)(1) (2004), by operating an unpermitted waste disposal
business at the Carter Site
.
C. Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations
:
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Count
I
:
OPEN DUMPING OF WASTE, in violation of Section
21(a) of the Act, 415 ILCS 5/21(a) (2004)
.
Count II
:
WASTE DISPOSAL AT AN IMPROPER SITE, in violation
of Section 21(e) of the Act, 415 ILCS
5/21(e)(2004)
.
D
.
Admission of Violations
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in this matter and referenced
herein
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, and any officer, director, agent,
or employee of the Respondent, as well as any successors or
assigns of the Respondent . The Respondent shall not raise as a
defense to any enforcement action taken pursuant to this
Stipulation the failure of any of its officers, directors,
agents, employees or successors or assigns to take such action as
shall be required to comply with the provisions of this
Stipulation
.
V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent to comply with any other federal, state or local
laws or regulations including, but not limited to, the Act and
the Board regulations, 35 Ill . Adm. Code, Subtitles A through H
.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
VI
.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2004), provides
as follows
:
In making its orders and determinations, the Board
shall take into consideration all the facts and
circumstances bearing upon the reasonableness of the
emissions,, discharges, or deposits involved including,
but not limited to
:
1
.
the character and degree of injury to, or
interference with the protection of the health,
general welfare and physical property of the
people ;
the social and economic value of the pollution
source
;
3
.
the suitability or unsuitability of the pollution
source to the area in which it is located,
including the question of priority of location in
the area-involved
;
4
.
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source ; and
5
.
any subsequent compliance
.
In response to these factors, the parties state the
following :
1., The alleged violations potentially threatened the
environment by adding to the accumulation of
construction/demolition waste at an unpermitted location
.
2
.
There is social and economic benefit to Respondent's
activities, provided it handles and disposes of waste in
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
accordance with the Act and Board regulations
.
3
.
Respondent's disposal activities at
the Carter Site
were not appropriate, because the Site was not permitted for
storage,
treatment,
or disposal of waste
.
4
.
Disposal
of construction/demolition waste at a properly
permitted facility is both technically practicable and
economically reasonable
.
5
.
Improperly deposited waste is now being removed from
the Carter Site by other entities pursuant to the judgment order
in People v. Willie H. Carter et al, 04 CH 5288/04 M6 2990
(consolidated) (Cook County) . Therefore, Complainant has not
required the Respondent to remove waste from the Carter Site
.
Through this Stipulation, the Respondent agrees to comply with
the requirements of the Act and Board regulations
.
VII . CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides
as follows
:
In determining the appropriate civil penalty to be
imposed under
.
.
this Section, the Board is
authorized to consider any matters of record in
mitigation or aggravation of penalty, including but not
limited to the following factors
;
1
.
the duration and gravity of the violation
;
2
.
the presence or absence of due diligence on the
part of the respondent in attempting to comply
with requirements of this Act and regulations
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
thereunder or to secure relief therefrom as
provided by this Act ;
3
.
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance
;
the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act
;
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent
;
6
.
whether the respondent voluntarily self-disclosed,
in accordance with subsection i of this Section,
the non-compliance to the Agency ; and
7
.
whether the respondent has agreed to undertake a
"supplemental environmental project," which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but
which the respondent is not otherwise legally
required to perform
.
In response to these factors, the parties state as follows
:
1
.
Complainant has alleged that the violations occurred
from December 9, 2002, until May 30, 2003
.
2
.
The Respondent lacked diligence by failing to verify
that the Carter Site was properly permitted during the period of
the alleged violations
.
3
.
The Respondent may have gained economic benefit from
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
disposal
of waste
at an unpermitted location . However, the
Parties believe that the civil penalty assessed herein more than
recovers any economic benefit retained by the Respondent
.
4
.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Thirty Thousand Dollars
($30,000 .00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations
.
5
.
To Complainant's knowledge, the Respondent has no
previously adjudicated violations of the Act
.
6
.
Self-disclosure is not at issue in this matter
.
7
.
The settlement of this matter does not include a
supplemental environmental project
.
VIII . TERMS OF SETTLEMENT
A .
Penalty Payment
1
.
The Respondent shall pay a civil penalty in the sum of
Thirty Thousand Dollars ($30,000 .00) within thirty (30) days from
the date the Board adopts and accepts this Stipulation . The
Respondent stipulates that payment has been tendered to
Respondent's attorney of record in this matter in a form
acceptable to that attorney. Further, Respondent stipulates that
said attorney has been directed to make the penalty payment on
behalf of Respondent, within thirty (30) days from the date the
Board adopts and accepts this Stipulation, in a manner prescribed
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
below. The penalty described in this Stipulation shall be paid
by certifiedd check, money order or electronic funds transfer
payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and submitted to
:
Illinois Environmental Protection Agency
.
Fiscal Services Section
1021 North Grand Avenue East
P .O. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal
Employer Identification Number (FEIN), shall appear on the check
.
A copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be
sent to
:
CHRISTOPHER GRANT
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 20 t
h
Floor
Chicago, Illinois 60601,
2
.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), interest shall accrue on any payment not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003
(2004) . Interest on any unpaid payment shall begin to accrue
from the date the payment is due and continue to accrue until the
date payment is received . When partial payment(s) are made, such
partial payment shall be first applied to any interest on unpaid
9
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 3, 2006
payment then due and owing . All interest on payment owed shall
be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and delivered to the address
and in the manner described above
.
3
.
For purposes of payment and collection, the Respondent
may be reached at the following address
:
Mr. William Van Der Velde
President
Premier Waste & Recycling, Inc
.
700 East 107` h Street
Chicago, Illinois 60628
4
.
In the event of default of this Section VIII .A, the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and reasonable
attorney's fees
.
B .
Future Use
Notwithstanding any other language in this Stipulation to
the contrary, and in consideration of the mutual promises and
conditions contained in this Stipulation, including the Release
from Liability contained in Section VIII .D, below, the Respondent
hereby agrees that this Stipulation may be used against the
Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the
Act and the Board Regulations promulgated thereunder for all
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
violations alleged in the Complaint in this matter, for purposes
of Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS
5/39(a) and(i) and/or 5/42(h)(2004) . Further, Respondent agrees
to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged
violations were adjudicated
.
C .
Cease and Desist
The Respondent shall cease and desist from future violations
of the Act and Board Regulations that were the subject matter of
the Complaint as outlined in Section III .C ("Allegations, of Non-
Compliance") of this Stipulation
.
D .
Release from Liability
In consideration of the Respondent's payment of the Thirty
Thousand Dollar ($30,000 .00) penalty and any specified costs and
accrued interest, commitment to Cease and Desist as contained in
Section VIII .C, and upon the Pollution Control Board's acceptance
and approval of the terms of this Stipulation and Proposal for
Settlement, the Complainant releases, waives and discharges the
Respondent from any further liability or penalties for violations
of the Act and Board Regulations that were the subject matter of
the Complaint herein. The release set forth above does not extend
to any matters other than those expressly specified in
Complainant's Complaint filed on October 6, 2005 . The
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Complainant reserves,
and this Stipulation
is without prejudice
to,
all rights of the State of Illinois against
the Respondent
with respect to all other matters, including but not limited to,
the following
:
a
.
criminal liability ;
b
.
liability for future violation of state, federal,
local, and common laws and/or regulations
;
c
.
liability for natural resources damage arising out of
the alleged violations ; and
d .
liability or claims based on the Respondent's failure
to satisfy the requirements of this Stipulation
.
Nothing in this Stipulation is intended as a waiver,
discharge, release, or covenant not to sue for any claim or cause
of action, administrative or judicial, civil or criminal, past or
future, in law or in equity, which the State of Illinois or the
Illinois EPA may have against any person, as defined by Section
3 .315 of the Act, 415 ILCS 5/3 .315 (2004), or entity other than
the Respondent
.
E
.
Enforcement of Board Order
1
.
Upon the entry of the Board's order approving and
accepting this Stipulation and Proposal for Settlement, that
Order is a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
and all available means
.
2
.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process
.
3
.
The parties agree that, .if the Board does not approve
and accept this Stipulation and Proposal for Settlement, then
neither party is bound by the terms herein
.
4
.
It is the intent of the Complainant and Respondent that
the provisions of this Stipulation and Proposal for Settlement
and any Board Order accepting and approving such shall be
severable, and should any provision be declared by a court of
competent jurisdiction to be inconsistent with state or federal
law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect
.
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
'Settlement as written
.
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
I
BY
:
DATE : 7, 1 A 0b
ROS U, Chi
Environmental Bureau
Assistant Attorney General
PREMIER WASTE & RECYCLING, INC
.
Name : A /,II,rnWl llrav lP,r1/PfdOVL
Title
:
rPsirlevr-I
14
DATE: 24 1.1,96
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Service List
:
Carrie A. Conlon
Chuhak & Tecson P .C
.
30 S . Wacker Drive
Chicago, IL 60606
Mr. Bradley P . Halloran
Illinois Pollution Control Board
100 W. Randolph Drive, 11" Floor
Chicago, IL 60601 [via hand delivery]
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs
.
No. PCB 06-49
(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 3d day of March, 2006, the foregoing
Stipulation and Proposal for
Settlement,
Motion to Request Relief
from Hearing
Requirement,
and Notice of Filing,
upon the persons
listed below,
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
:
CHRISTOPHER GRANT
