Lisa Madigan
AT I ORNEY 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. D & L Disposal,
L.L.C.
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,
('' 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
101) West Randolph Street, Chicago, Illinois 60601 •
(312) 814-3000 • TTY: (312) 814-3374
• Fax : (312) 814-3806
1001 East Main, Carbnndale, Illinois 62901 • (618) 529-6400
• TTY : (618) 529-6403 • Fax
: (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 11, 2006
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Pollution
Control Board
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PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs .
D & L DISPOSAL, L.L.C., a Delaware
corporation,
Respondent .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
To :
D & L Disposal, L .L.C .
c/o Brian Konzen
Lueders, Robertson & Konzen
1939 Delmar Avenue
P .O. Box 735
Granite City, IL 62040
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 .
NOTICE OF FILING
RE
CLERK'S
CElIVE®OFFICE
DEC 1 ?
2006
Pollution
STATE OF
Control
ILLINOISBoard
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
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
Y.
~: L. HO AN
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: December 11, 2006
2
CERTIFICATE OF SERVICE
I hereby certify that I did on December 11, 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:
D & L Disposal, LLC
c/o Brian Konzen
Lueders, Robertson & Konzen
1939 Delmar Avenue
P.O. Box 735
Granite City, IL 62040
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
J . L
. Hornan
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE R'=
FFJC
CLERK'S OFFICF
PEOPLE OF THE STATE OF
)
DEC
)
2tf0 ~,
ILLINOIS,
)
Complainant,
Pollution
STATE OF
Control
ILLINOISBoard
)
vs .
)
PCB No. 01
.1
(Enforcement)
D & L DISPOSAL,
L.L.C., a Delaware
)
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 11, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'.
OFFICE
Uc.E
. 4
PEOPLE OF THE STATE OF ILLINOIS,
)
Zw11F
Complainant,
Pollution
STATE OF
Control
ILLINOISBoard
)
vs .
)
PCB No . G6rb7
(Enforcement)
D & L DISPOSAL L.L.C., a Delaware
)
corporation,
)
Respondent .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of the Respondent, D & L DISPOSAL L .L .C ., as
follows:
COUNTI
HAZARDOUS WASTE-TRANSPORTATION VIOLATIONS
1 .
This action is brought against the Respondent in the name 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 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 under Section 4 of
the Act, 415 ILCS 5/4 (2004), and is charged, inter alia, with the duty of enforcing the Act in
proceedings before the Illinois Pollution Control Board ("Board") .
3 .
The Respondent, D & L Disposal, L .L .C . ("D & L"), is a Delaware corporation,
currently registered and in good standing, and engaged in the waste hauling business with an
office located at 900 Willard Street, Greenville, Bond County, Illinois .
1
5 .
Sometime in early July of 2003, on a date better known to the Respondent, a
glass vial of mercury was found by a D & L driver to have been discarded or abandoned at or in
a D & L dumpster near Carlyle Lake . A D & L supervisor was alerted to this discovery and
brought the mercury to the D & L office in Greenville, placing it in the drawer of his desk
.
6.
On July 9, 2004, the glass vial of mercury broke after being placed in a trash bag
at D & L office
. The mercury waste spilled outside of the office on a wooden deck and in the
parking lot as the trash bag was taken plastic garbage container
. D & L notified the Bond
County Health Department of the spill and the County reported it to the Illinois EPA
.
7.
Section 3 .220 of the Act, 415 ILCS 5/3
.220 (2004), provides as follows :
"Hazardous waste" means a waste, or combination of wastes,
which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause or significantly contributes to an
increase in mortality or an increase in serious, irreversible, or
incapacitating reversible, illness
; or pose a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise managed,
and which has been identified, by characteristics or listing, as
hazardous pursuant to Section 3001 of the Resource Conservation and
Recovery Act of 1976, P .L
. 94-580, or pursuant to Board regulations .
8.
Section 3 .225 of the Act, 415 ILCS 5/3
.225 (2004), defines a hazardous waste
disposal site as "a site at which hazardous waste is disposed ."
9.
follows :
Section 21 of the Act, 415 ILCS 5/21(2004), provides, in pertinent part, as
(e)
Dispose, treat, store or abandon any waste,
or transport any waste into this State for disposal,
treatment, storage or abandonment, except at a
site or facility which meets the requirements of
this Act and of regulations and standards thereunder .
(f)
Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation
:
(1)
without a RCRA permit for the site issued
by the Agency
. . . ; or
2
(g)
(2)
in violation of any regulations or standards
adopted by the Board under this Act ; or
Conduct any hazardous waste-transportation operation :
(1)
without registering with and obtaining a permit from
the Agency . . . ; or
(2)
in violation of any regulations or standards adopted
by the Board under this Act
.
10 .
The discarded vial of mercury was a waste at the time it was discovered and
transported to the D & L office in July 2003
. Waste containing mercury in excess of 0
.2 mg/L is
a characteristic hazardous waste due to its toxicity, pursuant to Section 721
.124(b) of the
Board's Hazardous Waste Regulations, 35 III . Adm . Code 721 .124(b), and is designated as a
D009 hazardous waste .
11 .
D & L stored the hazardous waste at its office from July 2003 until its spillage
onto the land and consequent disposal on July 9, 2004.
12 .
D & L did not have a RCRA permit from the Illinois EPA for the transportation,
storage or disposal of mercury or any other hazardous waste
.
13 .
D & L failed to make any hazardous waste determination as required by Section
722.111 of the Board's Hazardous Waste Regulations, 35 III
. Adm . Code 722
.111, and to obtain
an EPA identification number prior to transporting the waste mercury as required by Section
723.111 (a) of the Board's Hazardous Waste Regulations, 35 III
. Adm . Code 723 .111(a)
.
14 . By failing to make the required hazardous waste determination, the Respondent
has violated Section 722 .111 of the Board's Hazardous Waste Regulations, 35 Ill
. Adm . Code
722.111, and thereby violated Section 21 (f)(2)
of the Act, 415 ILCS 5/21 (f)(2) (2004) .
15 .
By failing to obtain the required EPA identification number prior to transporting
the waste mercury, the Respondent has violated Section 723
.111 (a) of the Board's Hazardous
3
Waste Regulations, 35 III
. Adm . Code 723 .111(a), and thereby violated Section 21(f)(2) of the
Act, 415 ILCS 5/21(f)(2) (2004)
.
16.
In July 2003, the Respondent conducted a hazardous waste-transportation
operation without a permit issued by the Agency and in violation of regulations adopted by the
Board .
17 .
By conducting a hazardous waste-transportation operation without a permit
issued by the Agency and in violation of the regulations adopted by the Board, the Respondent
has violated Section 21(g) of the Act, 415 ILCS 5/21(g) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, D & L DISPOSAL L.L .C. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B.
Finding that Respondent has violated the Act and regulations as alleged herein ;
C .
Ordering 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 .
Granting such other relief as the Board may deem appropriate .
COUNT II
HAZARDOUS WASTE-STORAGE 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
.
4
13 .
The Respondent's Greenville facility does not meet the requirements of the Act
and regulations for hazardous waste-storage
. Additionally, a RCRA permit is required by
Section 703
.121 (a) of the Board's Hazardous Waste Regulations, 35 III
. Adm . Code 703 .121(a),
for any hazardous waste-storage operation
.
14 .
From July 2003 through July 9, 2004, the Respondent conducted a hazardous
waste-storage operation without a permit issued by the Agency and in violation of regulations
adopted by the Board
.
15.
By conducting a hazardous waste-storage operation at a facility which does not
meet the requirements of the Act and regulations for hazardous waste-storage, the Respondent
has violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
16 .
By conducting a hazardous waste-storage operation without a permit issued by
the Agency and in violation of the regulations adopted by the Board, the Respondent has
violated Section 21(f) of the Act, 415 ILCS 5/21 (f) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, D & L DISPOSAL
L .L.C. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering 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 .
Granting such other relief as the Board may deem appropriate
.
5
COUNT III
HAZARDOUS WASTE-DISPOSAL 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 III
.
13.
The Respondent's Greenville facility does not meet the requirements of the Act
and regulations for hazardous waste-disposal, Additionally, the land disposal of the D009
hazardous waste is prohibited by Section 728
.134(a) of the Board's Hazardous Waste
Regulations, 35 III . Adm . Code 728 .134(a).
14.
On July 9, 2004, the Respondent conducted a hazardous waste-disposal
operation without a permit issued by the Agency and in violation of regulations adopted by the
Board
.
15 .
By disposing of the D009 hazardous waste at a facility that does not meet the
requirements of the Act and regulations, the Respondent has violated Section 21(e) of the Act,
415 ILCS 5/21(e) (2004) .
16 .
By conducting hazardous waste-disposal without a RCRA permit issued by the
Agency, the Respondent has violated Section 21(f)(1) of the Act, 415 ILCS 21
(f)(1) (2004) .
17 .
By causing the land disposal of the D009 hazardous waste, the Respondent has
violated Section 728 .134(a) of the Board's Hazardous Waste Regulations, 35 III . Adm . Code
728 .134(a) .
18 .
By causing or allowing the disposal of hazardous waste in violation of any
regulations or standards adopted by the Board under this Act, the Respondent has violated
Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, D & L DISPOSAL
L.L .C. :
6
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C.
Ordering 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 .
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement Division
BY:
7
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
J .L. HOMAN
Assistant Attorney General
Environmental Bureau/Springfield
500 South Second Street
Springfield, Illinois 62706
Date
:
-2''11106
