DATE : May 22, 2006
ELECTRONIC FILING,
* * *
RECEIVED,
* * PCB 2006-177
CLERK'S
* *
OFFICE,
* * *
MAY 22, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
- vs -
)
PCB No . 06-
(Enforcement - Used Tires)
SHERIDAN SAND & GRAVEL CO.,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
TO: See Attached Service List (VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have 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
.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental facilities financing act [20 ILCS 3515/1 et seq .] to correct the alleged pollution
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney eneral oft e State of Illinois
BY:
ANESSA
Assistant omey eneral
Environmental Bureau
188 W . Randolph St ., 20`h Floor
Chicago, Illinois 60601
312-814-5361
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 ** * * *
SERVICE LIST
Attorney for Respondent
Mr . Kenneth Anspach
Eight South Michigan Avenue
Suite 3400
Chicago, Illinois 60603
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 **** *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v
.
)
PCB No . 06-
(Enforcement - Used Tires)
SHERIDAN SAND & GRAVEL CO.,
)
an Illinois corporation,
)
Respondent
.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General of the State or
Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), complains of Respondent, SHERIDAN
SAND & GRAVEL CO.,
as follows :
COUNT I
FAILURE TO REGISTER
1 .
This complaint is brought on behalf of the People of the State of Illinois, ex rel.
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"), against SHERIDAN SAND &
GRAVEL CO.,
pursuant to the terms and conditions 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
.
3 .
Respondent SHERIDAN SAND & GRAVEL CO
. ("Sheridan S & G"), is an
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY
M 2, 2006
* * * * * PCB 20
** * * *
Illinois corporation duly authorized to transact business in Illinois
. Sheridan S & G owns and
operates a sand and gravel mine located at 2679 North 4201 Road, Sheridan, LaSalle County,
Illinois ("Site") . The Site consists of approximately 291 .56 acres .
4 .
On April 19, 2005, the Illinois EPA and the LaSalle County Environmental
Services & Land Use Department ("LaSalle County Environmental Department") conducted an
inspection of the Site
. During the'inspection, the Illinois EPA inspectors observed
approximately 500 used and waste tires at the Site .
5.
The tires were stored inside seven (7) uncovered roll-off boxes and two (2)
uncovered semi-trailers .
6 .
The tires that were off the rims were stored inside the roll-off boxes and semi-
trailers and contained water
.
7
.
Tires located outdoors can fill with water from precipitation events and provide
breeding habitat for mosquitoes .
8 .
On May 4, 2005, Illinois EPA sent a Violation Notice ("VN") to Sheridan S & G,
advising Respondent that the accumulation of tires at the Site constituted violations of the Act
and Board regulations .
9 .
On June 6, 2005, the LaSalle County Environmental Department visited the Site
and observed that the used and waste tires had been removed .
10 .
Illinois EPA received a response to the VN from Sheridan S & G on June 15,
2005, summarizing the actions Sheridan S & G had performed since May 4, 2005
.
11 .
On August 26, 2005, Illinois EPA sent a Notice of Intent to Pursue Legal Action
("NIPLA") to Respondent.
12.
Section 55(d) of the Act, 415 ILCS 5/55(d) (2004), provides, in pertinent part, as
2
follows : .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * * ** *
(d)
Beginning January 1, 1992, no person shall cause or allow the operation
of:
(1) a tire storage site which contains more than 50 used tires,
unless the owner or operator, by January 1, 1992 (or the
January 1 following commencement of operation,
whichever is later) and January 1 of each year thereafter, (i)
registers the site with the Agency, (ii) certifies to the
Agency that the site complies with any applicable standards
adopted by the Board pursuant to Section 55 .2, (iii) reports
to the Agency the number of tires accumulated, the status of
vector controls, and the actions taken to handle and process
the tires, and (iv) pays the fee required under subsection (b)
of Section 55 .6;
13.
Section 54 .13 of the Act, 415 ILCS 5/54
.13 (2004), provides as follows :
"Used tire" means a worn, damaged, or defective tire that is not mounted on a
vehicle.
14. During the inspection at the Site, the Illinois EPA observed unmounted tires that
were worn, damaged or defective and that, therefore, constituted used tires as defined in Section
54.13 of the Act, 415 ILCS 5/54 .13 (2004) .
15.
Section 54 .12 of the Act, 415 TLCS 5/54 .12 (2004), provides as follows :
"Tire storage site" means a site where used tires are stored or processed,
other than (1) the site at which the tires were separated from the vehicle
wheel rim, (2) the site where the used tires were accepted in trade as part
of a sale of new tires, or (3) a site at which tires are sold at retail in the
regular course of business, and at which not more than 250 used tires are
kept at any time or (4) a facility at which tires are sold at retail provided
that the facility maintains less than 1300 recyclable tires, 1300 tire
carcasses, and 1300 used tires on site and those tires are stored inside a
building or so that they are prevented from accumulating water ."
16
.
The Site constitutes a tire storage site as that term is defined in Section 54
.12 of
the Act, 415 ILCS 5/54 .12 (2004), because used tires were stored or processed at the Site .
17.
Respondent failed to register the Site with the Illinois EPA, certify that the Site
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * * * * *
complies with applicable Board standards, report to the Agency the number of tires accumulated,
the status of vector controls, and the actions taken to handle and process the tires, and failed to
pay the fee required under subsection (b) of Section 55 .6, in violation of Section 55(d)(1) of the
Act, 415 ILCS 5155(d)(1) (2004) .
18.
Respondent operated a tire storage site in violation of Section 55(d)(1) of the Act,
415 ILCS 5/55(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 Respondent,
SHERIDAN SAND AND GRAVEL CO ., on this Count I
:
1 .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
2 .
Finding that Respondent violated Section 55(d)(1) of the Act, 415 TLCS
5/55(d)(1) (2004)
;
3 .
Ordering the Respondent to cease and desist from any future violations of Section
55(d)(1) of the Act ;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5 .
Ordering Respondent to pay all costs, pursuant to Section 42(t) of the Act, 415
ILCS 5/42(f) (2004), 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 .
4
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY 22, 2006
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COUNT II
IMPROPER STORAGE OF USED OR WASTE TIRES
1-16 .
Complainant hereby realleges and incorporates by reference herein paragraphs I
through 16 of Count I as paragraphs 1 through 16 of this Count 11 .
17.
Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), provides in pertinent part, as
follows :
(e)
No person shall cause or allow the storage, disposal, treatment or
processing of any used or waste tire in violation of any regulation or
standard adopted by the Board .
18 .
Section 54 .16 ofthe Act, 415 ILCS 5/54 .16 (2004), provides as follows :
"Waste tire" means a used tire that has been disposed of
19.
Section 54 .04 of the Act, 415 TLCS 5/54 .04 (2004), provides as follows :
"Disposal" means the placement of used tires into or on any land or water except
as an integral part of systematic reuse or conversion in the regular course of
business.
20. During the April 19, 2005 inspection, the Illinois EPA observed waste tires at the
Site that were placed in uncovered receptacles on the land and were not part of a systematic reuse
or conversion in the regular course of business and, therefore, constituted disposal of waste tires
as those terms are defined at Sections 54 .04 and 54 .16 of the Act, 415 ILCS 5/54 .04 and 54 .16
(2004) .
21
.
Section 848 .202(b) of the Board regulations, 35 111 . Adm . Code 848 .202(b),
provides, in pertinent part, as follows :
b)
At sites at which more than 50 used or waste tires are located the owner or
operator shall comply with the following requirements :
∎r*
4)
Used or waste tires shall be drained of water on the day of
generation or receipt .
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * ****
5)
Used or waste tires received at the site shall not be stored unless
within 14 days after the receipt of any used tire the used tire is
altered, reprocessed, converted, covered or otherwise prevented
from accumulating water. All used and waste tires received at the
site before June 1, 1989, shall be altered, reprocessed, converted,
covered or otherwise prevented from accumulating water by
January 1, 1992 .
22 .
Respondent stored or disposed of used and/or waste tires at the Site in violation of
Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 Ill
. Adm. Code 848 .202(b)(4) and
(b)(5) .
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent,
SHERIDAN SAND AND GRAVEL CO ., on this Count II
:
1 .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
2 .
Finding that Respondent violated Section 55(e) of the Act, 415 LLCS 5/55(e)
(2004), and 35 Ill . Adm. Code 848 .202(b)(4) and (5);
3 .
Ordering the Respondent to cease and desist from any future violations of Section
55(e) of the Act, and 35 lll. Adm. Code 848 .202(b)(4) and (5);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000
.00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation;
5 .
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action ; and
6
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE,
MAY
M
2, 2006
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** * * *
6.
Granting such other relief as the Board deems appropriate and just .
COUNT III
FAILURE TO COMPLY WITH TIRE STORAGE NOTIFICATION AND
RECORDKEEPING REQUIREMENTS
1-20 . Complainant hereby realleges and incorporates by reference herein paragraphs I
through 20 of Count II as paragraphs I through 20 of this Count 111 .
21 .
Section 848 .304 of the Board regulations, 35 Ill . Adm . Code 848 .304, provides, in
pertinent part, as follows :
a)
The owner or operator shall maintain an Annual Tire Summary at
the site ; such record shall include the Agency designated site
number, the site name and address and the calendar year for which
the summary applies .
c)
The Annual Tire Summary shall be received by the Agency on or
before January 31 of each year and shall cover the preceding
calendar year .
22 .
Section 848.305 of the Board regulations, 35 111 . Adm . Code 848 .305, provides as
follows :
Copies of all records required to be kept under this Subpart shall be
retained by the owner and operator for three years and shall be made
available at the site during the normal business hours of the operator for
inspection and photocopying by the Agency
.
23 .
Respondent failed to maintain and submit an annual tire summary to the Illinois
EPA at any time relevant to the Complaint in violation of Section 55(e) of the Act, 415 ILCS
5/55(e) (2004), and 35 111
. Adm . Code 848 .304(a) and (c) .
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 *** * *
24.
Respondent failed to maintain records at the Site at all times relevant to this
Complaint, in violation of Section 55(e) of the Act, 415 ILCS 5/55(e) (2004), and 35 III . Adm
.
Code 848 .305 .
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent,
SHERIDAN SAND AND GRAVEL CO ., on this Count III :
I .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
2 .
Finding that Respondent violated Section 55(e) of the Act, 415 ILCS 5/55(e)
(2004), and 35 Ill . Adm . Code 848.304(a) and (c) and 848 .305;
3 .
Ordering the Respondent to cease and desist from any future violations of Section
55(e) of the Act, and 35 111 . Adm . Code 848 .304(a) and (c) and 848 .305;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5 .
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2004), 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 .
8
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * * ** *
COUNT IV
FAILURE TO PAY REGISTRATION FEE
1-20. Complainant hereby realleges and incorporates by reference herein paragraphs I
through 20 of Count II as paragraphs 1 through 20 of this Count IV .
21 .
Section 21(k) of the Act, 415 ILCS 5/21(k) (2004), provides, in pertinent part, as
follows
:
No person shall :
k .
Fail or refuse to pay any fee imposed under this Act .
22 .
Section 55 .6(b) of the Act, 415 ILCS 5/55 .6(b) (2004), provides, in pertinent part,
as follows :
(b)
Beginning January 1, 1992, in addition to any other fees required by law,
the owner or operator of each site required to be registered under
subsection (d) of Section 55 shall pay to the Agency an amoral fee of $100 .
Fees collected under this subsection shall be deposited into the
Environmental Protection Permit and Inspection Fund .
23.
At the time of the April 19, 2005 inspection, Respondent operated a tire storage
site that contained more than 50 used tires and was required to register with the Illinois EPA as a
tire storage site, and therefore, required to pay an annual fee .
24.
Respondent failed to pay the annual fee in violation of Sections 55 .6(b), 55(d)(1)
and 21(k) of the Act, 415 ILCS 5/55 .6(b), 5/55(d)(1) and 5/21(k) (2004) .
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent,
SHERIDAN SAND AND GRAVEL CO., on this Count IV :
1 .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
9
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * ** **
2 .
Finding that Respondent violated Sections 55 .6(b), 55(d)(1) and 21(k) of the Act,
415 ILCS 5/55
.6(b), 5/55(d)(1) and 5/21(k) (2004);
3 .
Ordering the Respondent to cease and desist from any future violations of
Sections 55
.6(b), 55(d)(1) and 21(k) of the Act ;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5 .
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2004), 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 V
FAILURE TO COMPLY WITH TIRE TRANSPORTER REQUIREMENTS
1-20. Complainant hereby realleges and incorporates by reference herein paragraphs I
through 20 of Count U as paragraphs 1 through 20 of this Count V .
21 .
Section 55(g) of the Act, 415 ILCS 5/55(g) (2004), provides, in pertinent part, as
follows :
(g)
No person shall engage in any operation as a used or waste tire transporter
except in compliance with Board regulations.
22 .
Section 54.12(b) of the Act, 415 ILCS 5/54 .12(b) (2004), provides as follows :
"Tire Transporter" means a person who transports used or waste tires in a vehicle .
23 .
Respondent transported used or waste tires to the Site, and is therefore a
tire transporter as defined in Section 54 .12(b) of the Act, 415 ILCS 5/54 .12(b) (2004)
.
10
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MMAY
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24.
Section 848 .601 of the Board regulations, 35 III
. Adm . Code 848 .601, provides, in
pertinent part, as follows :
(a)
Except as provided in Subsection (c), no person shall transport more than
20 used or waste tires in a vehicle unless the following requirements are
met
.
1)
The owner or operator has registered the vehicle with the Agency
in accordance with this Subpart, received approval of such
registration from the Agency, and such registration is current, valid
and in effect .
2)
The owner or operator displays a placard on the vehicle, issued by
the Agency following registration, in accordance with the
requirements of this Subpart .
25 . Respondent failed to register vehicles that were used for transporting used or
waste tires with the Illinois EPA, in violation of Section 55(g) of the Act, 415 ILCS 5/55(g)
(2004), and 35 Ill . Adm . Code 848.601(a)(1)
. .
26.
Respondent failed to display a placard on vehicles used for transporting used or
waste tires, in violation of Section 55(g) of the Act, 415 ILCS 5/55(g) (2004), and 35 III . Adm.
Code 848
.601(a)(2).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent,
SHERIDAN SAND AND GRAVEL CO., on this Count V :
1 .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
2 .
Finding that Respondent violated Section 55(g) of the Act, 415 ILCS 5/55(g)
(2004), and 35 III . Adm. Code 848 .601(a)(1) and (2);
3.
Ordering the Respondent to cease and desist from any future violations of Section
55(g) of the Act, and 35 lll. Adm . Code 848
.601(a)(1) and (2);
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
* * * * * PCB 2006-177 * * * * *
4 .
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5.
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2004), 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 Litigation Division
Of Counsel :
Vanessa A . Vail
Assistant Attorney General
Environmental Bureau
188 W . Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-5361
ROSE
AZE
U Chic
Environmental Bureau
Assistant Attorney General
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 22, 2006
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CERTIFICATE OF SERVICE
I,
VANESSA A .
VAIL, an attorney, do certify that I
caused to
be served
this 22nd day of May, 2006,
the foregoing Complaint and
Notice of Filing
upon the persons listed on
said Notice, by
Certified Mail and U .S . MAIL .
/qlvll~d,
,
VAN 'SSA A . V
s istant At
orney General
