Lisa Madigan
ATTORNEY 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 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 .
OFFICE OF THE ATTORNEY GENERAL
S'L'ATE OF ILLINOIS
November 16, 2006
Re : People v. Environmental Reclamation Company
Thank you for your cooperation and consideration .
Very truly yours,
P
o1A'"
~
RECEIVEDCLERK'S
OFFICE
NOV 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
1)
ennifer B kowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416
JB/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 •
T"FY: (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
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
NOV
2 0 2006
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
,j W*0-
vs.
)
PCB No.
D
(Enforcement)
ENVIRONMENTAL RECLAMATION
)
COMPANY, an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Environmental Reclamation Co .
c/o CT Corporation System
208 South LaSalle St
.
Suite 814
Chicago, IL 60604-1101
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
: November 16, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
11
L=
,,JENNIF R BONKOWSKI
lAssista t Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on November 16, 2006, 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:
Environmental Reclamation Co
.
c/o CT Corporation System
208 South LaSalle St.
Suite 814
Chicago, IL 60604-1101
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
.
4n
owski
ssi
rney General
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
CL
R 'SS OFFICE
PEOPLE OF THE STATE OF
)
NOV 2 0 2006
ILLINOIS,
STATE OF ILLINOIS
Pollution Control
Board
Complainant,
)
vs.
)
PCB No
.
(Enforcement)
ENVIRONMENTAL RECLAMATION
)
COMPANY, an
Illinois corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JENNIFER
BONKOWSKI, 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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : November 16, 2006
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Divis'
BY:
LA
JE5INIFER
:ONKOWSKI
Ervironmen t Bureau
Assistant Attorney General
RECEIVEDCLERK'S
OFFICE
NOV 2 0 2006
PEOPLE OF THE STATE OF ILLINOIS, )
PollutionSTATE
OF ILLINOIS
Complainant,
)
vs.
)
PCB
(Enforcement)No
.
07-
4?-
ENVIRONMENTAL RECLAMATION
)
COMPANY, 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, ENVIRONMENTAL RECLAMATION
COMPANY, as follows :
COUNTI
UNCOVERED REFUSE VIOLATIONS
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, on her own motion and at the request of the
Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms and provisions of
Section 31 of the Illinois Environmental Protection Act
("Act"),
415 ILCS 5/31 (2004) .
2.
The Illinois EPA is an agency of the State of Illinois created pursuant to Section
4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia,
with the duty of enforcing the Act
before the Illinois Pollution control Board ("Board")
.
3 .
The Respondent, Environmental Reclamation Company
("ERC"),
is an Illinois
corporation in good standing and doing business as the Coles County Landfill
.
4.
The Respondent operates a "sanitary landfill" as such term is defined at Section
3 .445 of the Act, 415 ILCS 5/3
.445 (2004), pursuant to Landfill Permit Number 1994-524-LFM
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1
("the permit") at West Route 316, Charleston, Coles County, Illinois County, Illinois
. Among the
terms and conditions of the permit are prohibitions against litter and storm water runoff causing
off-site impacts
.
5 .
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows :
No person shall :
***
d .
Conduct any waste-storage, waste-treatment, or waste-disposal
operation :
1 .
Without a permit granted by the Agency or in violation of any
conditions imposed by such permit
. . . .
2.
In violation of any regulations or standards adopted by the Board
under this Act .
***
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 :
* 4 *
5 .
uncovered refuse remaining from any previous operating day or at
the conclusion of any operating day, unless authorized by permit
;
12 .
failure to collect and contain litter from the site by the end of each
operating day ;
6.
Section 811
.106(a) of the Board's Waste Disposal Regulations, 35 Ill
. Adm .
Code 811
.106(a), provides as follows
:
a)
A uniform layer of at least 0
.15 meter (six inches) of clean soil material
must be placed on all exposed waste by the end of each day of
operation .
* * *
7 .
On March 23, 2004, the Illinois EPA inspected the landfill and investigated the
site conditions, including storm water runoff and erosion controls
. The previous operating day's
2
waste in active fill area was adequately covered .
On the west side of the landfill, the ditch
between the county road and another ditch closer to the
landfill (respectively, the "road ditch"
and the "landfill ditch") was full of silt and sediment washed
down from the slope of the landfill .
The vegetation on the lower slope was inadequate to capture
the sedimentation from the bare
earth portions of the upper slope on the western face of the landfill
. The road ditch drains into
Riley Creek
. Trees bordering the east and northeast sides
of the landfill site were full of plastic
bags and other litter which had blown by the high winds during
the previous weekend .
8 .
On June 15, 2004, the Illinois EPA inspected the landfill
and investigated the
runoff and other problems documented during the previous
inspection
. Although ERC had
cleaned the sediment and silt out of the road ditch on
May 5, 2004, more recent heavy rains
had caused runoff from the landfill to fill up the road ditch
again with sedimentation . A six-inch
erosion gully was present on the west side of the landfill
. Litter was present in the trees, along
the access road and at other areas of the site
. Exposed waste was present along the haul road
and remained uncovered in the active area from the previous
operating day
. An Administrative
Citation was subsequently filed with the Board regarding
the litter and uncovered refuse
violations, and resolved by payment of a $1,000
.00 penalty
; see PCB AC 05-11 .
9 .
On August 3, 2004, the Illinois EPA inspected the landfill
and investigated the
runoff and other problems documented during the previous
inspections . Litter was not
observed
. ERC had installed a sedimentation fence and planned to place check bales and
other devices in the road ditch to prevent sediment from
flowing into the creek
.
10.
On October 19, 2004, the Illinois EPA inspected the landfill
and investigated the
runoff and other problems documented during the previous
inspections
. There was heavy
sedimentation in the road ditch .
Turbid water was flowing toward and discharging into
Riley
Creek
. Some of the sedimentation fence had washed away and
check bales recently placed in
the road ditch were no longer in the ditch
. Litter was not present, but exposed waste was
3
sticking out from the cover material and there was uncovered refuse in the active area from the
previous operating day
.
11 .
On December 2, 2004, the Illinois EPA inspected the landfill and investigated the
runoff and other problems documented during the previous inspections
. While the road ditch
was still full of sediment, the check bales had been replaced and secured, thereby allowing
relatively clear water to discharge into the creek
.
12 .
On March 8, 2005, the Illinois EPA inspected the landfill and determined that it
was in compliance with its permit and other requirements
.
13.
By failing to properly cover landfill waste by placing a uniform layer of at least six
inches of clean soil material on top of the landfill waste by the end of each day of operation, the
Respondent has violated its permit and Section 811
.106(a) of the Board's Waste Disposal
Regulations, 35 III . Adm . Code Section 811
.106(a), and thereby violated Sections 21(d) and
21(o) of the Act, 415 ILCS 5/21(d) and (o) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, ENVIRONMENTAL RECLAMATION
COMPANY:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding the Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering the Respondent to cease and desist from any further violations of the
Act and associated regulations ;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
4
definition :
E.
Grant such other and further relief as the Board deems appropriate
.
COUNTII
WATER POLLUTION VIOLATIONS
1-12 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of this Count II
.
13 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as
follows :
No person shall :
(a)
Cause or threaten or allow the discharge of any contaminants into the
environment in any State so as to cause or tend to cause water pollution
in Illinois, either alone or in combination with matter from other sources,
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act
.
(f)
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein, including but not limited to, waters
to any sewage works, or into any well or from any point source within the
State, without an NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in violation of any term or
condition imposed by such permit, or in violation of any NPDES permit
filing requirement established under Section 39(b), or in violation of any
regulations adopted by the Board or of any order adopted by the Board
with respect to the NPDES program
.
14 .
Section 3 .545 of the Act, 415 ILCS 5/3
.545 (2004), provides the following
"Water pollution" is such alteration of the physical, thermal, chemical, biological
or radioactive properties of any waters of the State, or such discharge of any
contaminant into any waters of the State, as will or is likely to create a nuisance
or render such waters harmful or detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural, recreational, or
other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic
life.
5
15 .
Section 811 .103(a) of the Board's Waste Disposal Regulations, 35 III
. Adm .
Code 811
.103(a), provides as follows :
a)
Runoff From Disturbed Areas
1)
Runoff from disturbed areas resulting from precipitation events
less than or equal to the 25-year, 24-hour precipitation event that
is discharged to waters of the State shall meet the requirements
of 35 III . Adm . Code 304 .
2)
All discharges of runoff from disturbed areas to waters of the
State shall be permitted by the Agency in accordance with 35 III
.
Adm . Code 309 .
3)
All treatment facilities shall be equipped with bypass outlets
designed to pass the peak flow of runoff from the 100-year, 24-
hour precipitation event without damage to the treatment facilities
or surrounding structures .
4)
All surface water control structures shall be operated until the final
cover is placed and erosional stability is provided by the
vegetative or other cover meeting the requirements of Section
811 .205 or 811 .322 .
5)
All discharge structures shall be designed to have flow velocities
that will not cause erosion and scouring of the natural or
constructed lining, i
.e
. bottom and sides, of the receiving stream
channel
.
16 .
ERC has caused, threatened or allowed the discharge of silt, sediment and other
contaminants into Riley Creek so as to cause or tend to cause water pollution, and thereby
violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
17 .
ERC is not permitted by the Agency in accordance with 35 III
. Adm . Code 309 for
its discharges of runoff from disturbed areas to waters of the State and has otherwise failed to
comply with Section 811
.103(a) of the Board's Waste Disposal Regulations, 35 III
. Adm . Code
811 .103(a) .
18.
ERC has caused, threatened or allowed the discharge of silt, sediment and other
contaminants into Riley Creek without an NPDES permit for point source discharges issued by
the Agency, and thereby violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004)
.
6
19.
By failing to properly control storm water runoff from the site, the Respondent
has violated its permit and thereby violated Section 21(d) of the Act, 415 ILCS 5/21(d) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, ENVIRONMENTAL RECLAMATION
COMPANY :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding the Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering the Respondent to cease and desist from any further violations of the
Act and associated regulations ;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
E .
Grant such other and further relief as the Board deems appropriate
.
7
Of Counsel
JENNIFER BONKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : al/ r/o
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: THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
8
