Lisa Madigan
A1TORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Motion for Remedies and Civil
Penalties Against J&S Companies, Inc
., in regard to the above-captioned matter . Please file the
original and return a file-stamped copy to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
June 26, 2006
Re:
People v. J & S Companies, Inc.,
et al.
PCB 06-33
RECEIVED
JUN 2 9 2006
Pollution
STATE OF
Control
ILLINOISBoard
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/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 • TIY: (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400 •
TTY (618) 529-6403 • Fax : (618) 529-6416
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUN 2 9 2006
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No
. 06-33
(Enforcement)
J & S COMPANIES, INC.,
a Missouri
)
corporation,
)
Respondents.
)
NOTICE OF FILING
To:
J & S Companies, Inc .
c/o C T Corporation System, R
.A.
208 S . LaSalle St
., Ste. 814
Chicago, IL 60604-1101
Stephen F
. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
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 Motion for Remedies and Civil Penalties Against J&S
Companies, Inc
., a copy of which is attached hereto and herewith served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental En orcement/Asbestos
Litigation Dr- •n
BY.
AMP
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : June 26, 2006
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
CERTIFICATE OF SERVICE
I hereby certify that I did on June 26, 2006, send by First Class 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 and MOTION FOR REMEDIES AND
CIVIL PENALTIES AGAINST J&S COMPANIES, INC .
To:
J & S Companies, Inc .
c/o C T Corporation System, R .A .
208 S . LaSalle St ., Ste. 814
Chicago, IL 60604-1101
Stephen F . Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to:
RISTEN LAUGHRIDGE GALE
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs .
)
No. PCB 06-33
(Enforcement-Land)
J & S COMPANIES, INC
., a Missouri
)
corporation,
)
Respondent .
)
MOTION FOR REMEDIES AND CIVIL PENALTIES
AGAINST J&S COMPANIES, INC
.
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, pursuant to Sections 33(c) and 42(h) of the Environmental
Protection Act ("Act"), 415 ILCS 33(c), 42(h) (2004), hereby moves for remedies and civil
penalties against Respondent, J&S COMPANIES, INC
.
On June 15, 2006, the Board issued an Order granting the People's Motion for
Summary Judgment against Respondent, J&S Companies, finding it in violation of Sections
21(a), (d)(1), (e), (p)(1), and (7) of the Act, 415 ILCS 21(a), (d)(1), (e), (p)(1), and (7) (2004)
.
The Board directed the People to address the issue of remedies and civil penalties against
Respondent, J&S Companies, Inc ., pursuant to Sections 33(c) and 42(h) of the Act, 415 ILCS
33(c), 42(h) (2004)
.
After the Board finds a violation, the Board considers the factors set forth in Section
33(c) of the Act, 415 ILCS 5133(c)(2004), to create an appropriate remedy
. Those factors are
:
1 .
the character and degree of injury to, or interference with the protection of the
health, general welfare and physical property of the people
;
2.
the social and economic value of the pollution source
;
1
RECEIVEDCLERK'S
JUN 2 9 2006
Pollution
STATE OF
Control
ILLINOISBoard
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 Complainant states the following
:
1 .
Human health and the environment were threatened by the
Respondent's open
dumping and improper disposal of construction and demolition debris
.
2 .
There is a social and economic benefit to the Respondent's
demolition business
.
3.
Operating a demolition business is suitable for the
area in which they are
operating
.
4 .
Properly disposing of construction and demolition debris
is both technically
practicable and economically reasonable .
5 .
Respondent has subsequently complied with the Act and
the Board Regulations .
To impose a civil penalty, the Board must consider the factors
contained within Section
42(h) of the Act, 415 ILCS 5142(h)(2004)
. Those factors are :
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 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 ;
4
. 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
;
2
5.
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 Complainant states as follows :
The Respondent improperly disposed of construction and demolition debris from
a demolition site and caused or allowed the open dumping of general construction and
demolition debris in a manner resulting in litter . The Respondent conducted a waste-storage or
waste-disposal operation without a permit granted by the Illinois EPA and in violation of the
Board regulations and standards, and disposed, stored or transported waste at and to a site
which did not meet the requirements of the Act and standards and regulations promulgated
thereunder . These violations started on or about February 6, 2003 until on or about December
3, 2003 .
2. Upon notice of its violations, Respondent was diligent in attempting to come back
into compliance with the Act, Board regulations and applicable federal regulations, by removing
the waste from the site .
3.
There was an economic benefit for disposing of the waste for no cost instead of
properly disposing it in a landfill
.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Twenty-Five Thousand Dollars ($25,000 .00) will serve to deter further violations and
aid in future voluntary compliance with the Act and Board regulations .
5.
To Complainant's knowledge, Respondent has no previously adjudicated
violations of the Act .
3
6 .
Respondent did not self report the violations .
7.
The adjudication of this matter does not include a supplemental environmental
project.
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board enter a final order :
A)
Order the Respondent, J&S Companies, Inc., to cease and desist from any
further violations of the Act and associated regulations
;
B)
Award the Complainant a penalty of $25,000 for the violations of the Act ;
C)
Grant such other relief as the Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litiga '9P Division
BY:
a~
c
KRIST N LAUGHRIDGE GALE
Envi onmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-7968
Dated : June 26, 2006
4
