BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
UNITED CITY OF YORKVILLE, A
MUNICIPAL CORPORATION,
Complainant,
v.
HAMMAN FARMS"
Respondents.
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PCB No. 08-96
(Enforcement-Land, Air, Water)
NOTICE OF FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that on November 17, 2008, we electronically filed with the
Clerk of the Illinois Pollution Control Board, Motion to Dismiss Counts I and
II
as Duplicative, a
copy
of which is attached hereto and hereby served upon you.
Dated:
November 17,2008
Charles
F. Helsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully submitted,
On behalf
of HAMMAN FARMS
Is/Charles F. Helsten
Charles F. Helsten
One
of Its Attorneys
70566463vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
UNITED CITY OF YORKVILLE, A
MUNICIPAL CORPORATION,
Complainant,
v.
HAMMAN FARMS,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 08-96
(Enforcement-Land, Air, Water)
RESPONDENT'S MOTION TO DISMISS COUNTS I AND II AS DUPLICATIVE
NOW COMES the Respondent, HAMMAN FARMS, by and through its attorneys,
Charles F. Helsten and HINSHAW
&
CULBERTSON LLP, and for its motion to dismiss Counts
I and
II as duplicative of an action brought by the State of Illinois, states as follows:
1.
The Complaint filed by the City of Yorkville ("Yorkville") is a four-count
citizen's enforcement action against Respondent, Hamman Farms.
2.
Count I
of Yorkville's Complaint alleges "Open Dumping" violations arising
from litter or refuse that was allegedly mixed
in
with landscape waste applied by Hamman Farms
to its fields in 2007; Count I further alleges this conduct was
in
violation of Section 5/21 of the
Environmental Protection Act, and the implementing regulations thereof.
3.
Count II of Yorkville's Complaint alleges "Landscape Waste" violations,
pursuant to Hamman Farms' alleged application
of landscape waste in excess of the statutory
default rate, and the alleged operation
of an unpermitted landscape waste composting operation,
waste disposal, or waste storage operation, in violation
of Section 5/21 of the Environmental
Protection Act and the implementing regulations thereof.
4.
There is currently pending before the Circuit Court of the Sixteenth Judicial
Circuit, Kendall Count, Illinois, a Complaint filed against Hamman Farms
by the Attorney
70581235vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
General of the State of Illinois. (2008 CH 0811). A true and accurate copy of that Complaint is
marked Exhibit A and attached hereto, and incorporated herein
by this reference.
5.
The Attorney General's Complaint alleges, at Count I, Open Dumping, in
violation
of the Environmental Protection Act, arising from litter or refuse that was allegedly
mixed in with landscape waste applied by Hamman Farms to its fields in 2007; Count I alleges
this conduct was in violation
of Section 5/21 of the Environmental Protection Act, and the
implementing regulations thereof.
6.
The Attorney General's now-pending Complaint alleges, at Counts II and III, that
Hamman Farms applied landscape waste in excess of the statutory default rate, and allegedly
operated an unpermitted landscape waste composting operation, waste disposal, or waste storage
operation, pursuant to Section 5/21
of the Environmental Protection Act
7.
The same operative facts are pled and relied upon by Yorkville and by the
Attorney General. In addition, the very same statutory provisions are alleged to have been
violated in Yorkville's Complaint and in the Attorney General's Complaint.
8.
The Board'srules provide for dismissal of an action that is duplicative of another
proceeding; duplicativeness is defined as a matter that is "identical or substantially similar to one
brought before the Board or another forum." 35 Ill.Adm.Code 101.202.
9.
In addition to the Board's rules regarding duplicativeness, the Illinois
Environmental Protection Act establishes
"'a unified, state-wide program supplemented by
private remedies, to restore, protect and enhance the quality of the environment,''' and
specifically authorizes the Illinois Attorney General
to '''institutea civil action for an injunction,
prohibitory or mandatory,
to restrain violations of this Act, ...or to require such other actions as
may be necessary to address violations of this Act.. .. '"
Village of DePue, Ill.
v.
Exxon Mobil
2
70581235vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Corp.,
537 F.3d 775, 788
(7th
Cir. 2008) (quoting 415 ILCS 5/2(b) and 415 ILCS
5/42(e».
Here,
the Attorney General has instituted just such an action, and the City
of Yorkville's citizen
enforcement action seeking a private remedy for alleged violations of the Environmental
Protection Act should accordingly yield to the action brought by the Attorney General
concerning the same alleged violations.
10.
The Attorney General's Environmental Enforcement Division has been given the
power and authority to protect the public health and environment
by pursuing enforcement
actions, and has been tasked with the enforcement of the Environmental Protection Act. Indeed,
that is the division's sole purpose.
11.
Accordingly, Counts I and II of Yorkville's Complaint should be dismissed as
duplicative of the Attorney General's action pending in the Circuit Court of Kendall County,
wherein the State's full resources and extensive experience in litigating environmental actions
may be brought to bear in prosecuting and redressing the alleged environmental violations by
Hamman Farms.
WHEREFORE: Respondent, Hamman Fanus, respectfully requests that the Board
dismiss Counts I and II ofYorkville's Complaint.
Dated:
November 14,2008
Charles
F. HeIsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
3
Respectfully submitted,
On behalf
of Hamman Fanus
lsi
One of Its Attorneys
70581235vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Corp.,
537 F.3d 775, 788
(7th
Cir. 2008) (quoting 415 ILCS
5/2(b)
and 415 ILCS
5/42(e)).
Here,
the Attorney General has instituted just such an action, and the City of Yorkville's citizen
enforcement action seeking a private remedy for alleged violations of the Environmental
Protection Act should accordingly yield to the action brought by the Attorney General
concerning the same alleged violations.
10.
The Attorney General's Environmental Enforcement Division has been given the
power and authority to protect the public health and environment by pursuing enforcement
actions, and has been tasked with the enforcement of the Environmental Protection Act. Indeed,
that is the division's sole purpose.
11.
Accordingly, Counts I and II of Yorkville's Complaint should be dismissed as
duplicative of the Attorney General's action pending in the Circuit Court of Kendall County,
wherein the State's full resources and extensive experience in litigating environmental actions
may be brought to bear in prosecuting and redressing the alleged environmental violations by
Hamman Farms.
WHEREFORE: Respondent, Hamman Farms, respectfully requests that the Board
dismiss Counts I and II of Yorkville's Complaint.
Dated:
November 17,2008
Charles
F. Helsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
3
Respectfully submitted,
On behalf
of Hamman Farms
lsi
One of Its Attorneys
70581235vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
SEP
252008
rtLED
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUI!'"
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KENDALL COUNTY, ILLINOIS
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to.
200g-CH-0811
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No.
NOTICE~
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8 e Court Rule 2
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C
renee shall be
at
---t-:--
am Attorneys of record respan Ie for
or parties.
un
~sented
must appear and be prepared
to comply with Supreme Court Rule 218.
or be subject
to appropriate sanctions.
.,
Clerk of the CircUit Court
,1
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Plaintiff,
Defendants.
vs.
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
General
of the State of Illinois,
DON HAMMAN FARMS LLC, an Illinois
limited liability company and DONALD
1.
HAMMAN, an individual,
COMPLAINT FOR INJUNCTIVE RELIEF AND OTHER CIVIL PENALTIES
The PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
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 Defendants, DON
HAMMAN FARMS LLC, a limited liability company, and DONALD
J. HAMMAN, an
individual, as follows:
COUNT I
1
! •
This Count I is brought on behalf of the People of the State of Illinois,
ex rel.
Lisa
Madigan, the 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 Sections 42(d) and
(e)
of the Act, 415 ILCS 5/42(d) and (e) (2006), and is an action to restrain ongoing violations of
the Act and for civil penalties.
~
EXHIBIT
....
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~
F1
<h
:l
<
Elecronic Filing - Received, Clerk's Office, November 17, 2008
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4
of the Act, 415 ILCS 5/4 (2006), and charged,
inter alia,
with the
duty
of enforcing the Act.
3.
On information and belief, the Defendant, DON HAMMAN FARMS LLC
("Hamman Farms") at all times relevant to the complaint, was and
is an Illinois limited liability
company
in good standing. The business address is 6110 State Route 71, Oswego, Kendall
County, Illinois.
4.
On information and belief, the Defendant, DONALD J. HAMMAN, ("Mr.
Hamman"), is the
owner of 2200 acres ofland located at 6275 State Route 71, Yorkville,
Kendall County, Illinois ("Site"). The land is primarily used for agricultural purposes.
5.
At all times relevant to the complaint, Defendant DONALD 1. HAMMAN, is and
was the manager
of the limited liability company and also its registered agent. On information
and belief, Mr. Hamman, is in control
of a..'1d responsible for the day-to-day operations of
Hamman Farms. He is present on the Site almost every day. Mr. Hamman has been and
continues to
be responsible for accepting materials at the Site that constitute landscape waste.
He makes all decisions concerning environmental compliance including requesting an expert
opinion from Dr. Razvi concerning the soil composition
of the Site. Mr. Hamman has met and
continues to meet with the Illinois EPA personnel at the Site when they are present, on
most
occasions. He responds to their questions and also seeks their opinion on compliance. On
information and belief, Mr. Hamman is responsible for all major decisions concerning the Site.
6.
Since at least September 2007, or at a time better known to Defendants, and
continuing to at least the filing
of this complaint, Defendants have conducted an on-farm
Elecronic Filing - Received, Clerk's Office, November 17, 2008
landscape waste composting operation at the Site. Defendants receive monetary fees to accept
landscape waste. The landscape waste is then land-applied to the Defendants' farm acreage.
7.
Defendants, as owners
andlor
operators of the Site, are subject to the Act and the
Rules and Regulations promulgated by the Illinois Pollution Control Board ("Board"). The
Board'sregulations for solid waste and special waste handling are found
in
Title 35, Subtitle G,
Chapter I, Subchapter
I,
of the Illinois Administrative Code ("Board Regulations for Solid Waste
Handling").
8.
From at least September 21,2007, or at a time better known to the Defendants,
and continuing to at least the filing
of this complaint, Defendants have caused or allowed
thousands
of pieces of plastic, metal, paper, and miscellaneous debris mixed with the landscape
waste to be deposited in and around the Site as well
as on roads and ditches adjacent to the farm
fields
of the Site.
9.
Section 3.315 of the Act, 415 ILCS
5/3.315
(2006), provides the following
definition:
"Person"
is any individual, partnership, co-partnership, firm,
company, limited liability compal1y, corporation, association, joint
stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or
assigns.
10.
Defendants Hamman Farms and Mr. Hamman are "persons" as that term is
defined
in Section 3.315 of the Act, 415 ILCS
5/3.315 (2006).
11
J j.
Sections 21(a) and 21 (p)(l) of the Act, 415 ILCS
5/21(a),
21 (p)(l)(2006),
provide,
in pertinent part, as follows:
Sec. 2
i.
Prohibited acts. No person shall:
(a)
Cause or allow the open dumping
of any waste.
Elecronic Filing - Received, Clerk's Office, November 17, 2008
*
*
*
(p)
In violation of subdivision (a) of this Section, cause or allow the
open dumping of any waste in a manner which results in any of the
following occurrences at the dump site:
(1) litter;
*
**
12.
Section 3.535 of the Act, 415 ILCS 5/3.535(2006), provides the following
definition:
"Waste" means any garbage, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility or other discarded material,
including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining and agricultural operations, and from community
activities, but does not include solid or dissolved material in domestic sewage, or
solid or dissolved materials
in irrigation return flows, or coal combustion by-
products as defined in Section 3.135, or industrial discharges which are point
sources subject to permits under Section 402
of the Federal Water Pollution
Control Act, as now or hereafter amended, or source, special nuclear, or by-
product materials as defined by the Atomic Energy Act
of 1954, as amended (68
Stat. 921) or any solid or dissolved material from any facility subject to the
Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or regulation adopted by the
State
of Illinois pursuant thereto.
13.
Section 3.445 of the Act, 415 ILCS 5/3.445(2006), provides the following
definition:
"Sanitary landfill" means a facility permitted by the Agency for the disposal
of
waste on land meeting the requirements of the Resource Conservation and
Recovery Act, P.L. 94-580, and regulations thereunder, and without creating
nuisances or hazards to public health or safety, by confining the refuse to the
smallest practical volume and covering it with a layer
of earth at the conclusion of
each day's operation, or by such other methods and intervals as the Board may
provide by regulation.
14.
Sections 3.185 and 3.305 of the Act, 415 ILCS 5/3.185, 5/3.305 (2006),
respectively, provide the following definitions:
Elecronic Filing - Received, Clerk's Office, November 17, 2008
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or
placing
of any waste or hazardous waste into or on any land or water or into any
well
so that such waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters, including
ground waters.
"Open dumping" means the consolidation
ofrefuse from one or more sources at a
disposal site that does not fulfill the requirements of a sanitary landfill.
15.
The thousands
of pieces of plastic, metal, paper, and miscellaneous debris mixed
with the landscape waste deposited
in and around the Site as well as on roads and ditches
surrounding the Site, are "waste" as that term is defined in Section 3.535 of the Act, 415 ILCS
5/3.535 (2006).
16.
The deposition
of the landscape waste mixed with plastic, metal, paper, and
miscellaneous debris on the Site constitutes "open dumping" as that term is defined in Section
3.305
of the Act, 415 ILCS 5/3.305(2006).
17.
Defendants' Site is a "disposal" site as that term is defined in Section 3.185 of the
Act, 415 ILCS 5/3.185 (2006) because of the landscape waste and plastic, metal, paper, and
miscellaneous debris placed there.
18.
Defendants' Site is not a "sanitary landfill" as that term is defined
in Section
3.445
of the Act, 415 ILCS 5/3.445 (2006) and does not have a permit as one.
19.
From on or about September 21, 2007, or at a time better known
to the
Defendants, and continuing at least until the filing of this complaint, Defendants have caused or
allowed landscape waste, plastic, metal, paper, and miscellaneous debris to be openly dumped on
their Site, without being a permitted landfill in violation
of Section 21(a) of the Act, 415 ILCS
5/21 (a)(2006).
20.
From on or about September 21, 2007, or at a time better known to the
5
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Defendants, and continuing at least until the filing of this complaint, Defendants have caused or
allowed landscape waste and debris to be openly dumped on their Site, mixed together in a
manner creating litter in violation of Section 21 (p)( 1) of the Act, 415 ILC S 5/21 (P)( 1)(2006).
21.
Plaintiff is without an adequate remedy at law.
Plaintiffwill be irreparably injured
and violations
of pertinent environmental statutes will continue unless this Court grants equitable
relief in the form of permanent injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that this Court enter a preliminary and, after a trial, permanent injunction
and an Order in favor
of Plaintiff and against the Defendants" DON HAMMAN FARMS, LLC and DONALD
J.
HAMMAN, on this Count I:
A.
Finding that the Defendants have violated Sections 21 (a) and 21 (p)(1) of the Act,
415 ILCS
21 (a), 21 (p)(1 )(2006);
B.
Enjoining the
Defendants from any further violations of Sections 21 (a) and
21(p)(1) of the Act, 415 ILCS 21(a), 21 (P)(l)(2006);
C.
Ordering Defendants to take the appropriate corrective actions that will result in
the abatement
of the violations alleged herein;
D.
Assessing a civil penalty of$50,000.00 against the Defendants for each and every
violation
of the Act and pertinent regulations and an additional $10,000.00 for each day during
which the violation continues;
E.
Ordering that all costs of this action, including expe11 witness, consultant and
attorney fees, be taxed against the Defendants; and
F.
For such other relief as this Court may deem appropriate and just.
6
Elecronic Filing - Received, Clerk's Office, November 17, 2008
COUNTH
CONDUCTING A WASTE STORAGE OPERATION WITHOUT A PERMIT
1-17. Plaintiff realleges and incorporates by reference herein paragraphs 1 through 10
and 12 through 18 of Count I, as paragraphs 1 through 17 of this Count II.
18.
Sections 21(d) and 21(e) of the Act, 415 ILCS
5/21(d), 5/21
(e)(2006), provide, 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...
***
(2)
in violation of any regulations or standards
adopted by the Board under this Act;
...
*
*
*
e)
Dispose, treat,
sto~e
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.
19.
Section 807.201 of the Board Solid Waste and Special Waste Hauling
Regulations, 35 Ill. Adm. Code 807.201, provides, in relevant part,
as follows:
Development Permits
...no person shall cause or allow the development of any new solid waste
management site or cause or allow the modification of an existing solid waste
management site without a Development Permit issued by the Agency.
20.
Section 807.202(b) of the Board Solid Waste and Special Waste Hauling
Regulations,
35 Ill. Adm. Code 807.202(b) provides, in relevant part, as follows:
7
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Operating Permits
***
b)
Existing Solid Waste Management Sites.
1)
... no person shall cause or allow the use or operation of any existing
solid waste management site without an Operating Permit issued by the
Agency not later than one year after the effective date of these
Regulations.
21.
From some time before September 17,2007, or at a time better known to
Defendants, and continuing at least until the filing
of this complaint, Defendants have conducted
a waste-disposal operation.
22.
From some time before September 17,2007, or at a time better known to
Defendants, and continuing at least until the filing of this complaint, Defendants have conducted
,and/or modified their waste-disposal operation without obtaining a Development or Operating
Permit for said operation.
23.
From some time before September 17,2007, or at a time better known
to
Defendants, and continuing at least until the filing of this complaint, Defendants have disposed
of waste at a site or facility which has not met the requirements of this Act or of
L~e
regulations
and standards thereunder.
By failiilg tG obtain
a
De-v'c1cprLjCilt Gi Opci&ting Permit fcr a "vvaste disposul
operation, Defendants have violated Sections 807.201 and 807.202(b) of the Board Solid Waste
and Special 'Naste Hauling Regulations, 35 Ill. AcL'11. Code 807.201, 807.202(b), and, therefore,
violated Sections 21(d)(l),(d)(2), and 21(e) of the Act, 415 ILCS 5/21 (d)(1), (d)(2), and
(e)(2006).
8
Elecronic Filing - Received, Clerk's Office, November 17, 2008
25.
Plaintiff is without an adequate remedy at law. Plaintiff will be irreparably injured
and violations
of pertinent environmental statutes will continue unless this Court grants equitable
relief
in the form of permanent injunctive relief.
WHEREFORE, Plaintiff, PEOPLE
OF THE STATE OF ILLINOIS, respectfully requests
that this Court enter a preliminary and, after a trial, permanent injunction and an Order in favor
of Plaintiff and against the Defendants, DON HAMMAN FARMS, LLC and DONALD J.
HAMMAN, on this Count II:
A.
Finding that the Defendants have violated 21 (d)(l),(d)(2), and 21(e) of the Act,
415 ILCS
5/21
(d)(l), (d)(2), and (e)(2006), and Sections 807.201 and 807.202(b) of the Board
Solid Waste and Special Waste Hauling Regulations,
35 Ill. Adm. Code 807.201, 807.202(b);
B.
Enjoining the Defendants from any further violations of 21 (d)(l), (d)(2), and
'21(e) of the Act, 415 ILCS
5/21(d)(l),
(d)(2), and (e)(2006), and Sections
807.201
and
807.202(b) of the Board Solid Waste and Special Waste Hauling Regulations, 35 Ill. Adm. Code
807.201, 807.202(b);
C.
Ordering Defendants to take the appropriate corrective actions that will result in
the abatement of the violations alleged herein;
D.
Assessing a civil penalty of $50,000.00 against the Defendants for each and every
violation of the Act and pertinent regulations and an additional $10,000.00 for each day during
which the violation continues;
E.
Ordering that all costs of this action, including expeli witness, consultant and
attorney fees, be taxed against the Defendants; and
r;-
1 •
For such other relief as this Court may deem appropriate and just.
9
Elecronic Filing - Received, Clerk's Office, November 17, 2008
COUNT HI
FAILURE TO MEET THE APPLICATION AT AGRONOMIC RATES
EXEMPTION
1. This count is brought on behalf ofthe PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General
of the State of Illinois, on her own motion, pursuant to
Section 42(d) and (e)
of the Envir.onmental Protection Act, 415 ILCS
5/42(
d) and (e) (2006)
("Act").
2.
The Attorney General is the chieflegal officer of the State of Illinois having the
powers and duties prescribed by law. ILL. CONST. Article V, Section
15 (1970).
3-18. Plaintiff realleges and incorporates by reference herein paragraphs 2 through
10
and 12 through 18 of Count I, as paragraphs 3 through 18 of this Count III.
19.
Section 21 (q)(2) of the Act, 415 ILCS
5/21
(q)(2)(2006), provides, in relevant
part, as follows:
Sec.
21. Prohibited acts. No person shall:
*
*
*
(q)
Conduct a landscape waste composting operation without an Agency
permit, provided, however, that no permit shall be required for any person:
*
*
*
(2)
applying landscape waste or composted landscape waste at
agronomic rates; or
*
*
*
20.
Section 830.102 of the Board Regulations for Solid Waste Handling, 35 of Ill.
Adm. Code 830.102, provides the following definition:
"Agronomic Rates" means the application
of not more than 20 tons per acre per
year, except that the Agency may allow a higher rate for individual sites where
10
Elecronic Filing - Received, Clerk's Office, November 17, 2008
the owner or operator has demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate. (Section
21 (q) of the Act.)
21.
Section 3.270
of the Act, 415 ILCS
5/3.270
(2006), provides the following
definition:
"Landscape waste"
means all accumulations of grass or shrubbery cuttings,
leaves, tree limbs and
other materials accumulated as the result of the care of
lawns, shrubbery, vines and trees.
22.
On September 21, 2007, inspectors from the Illinois EPA Bureau
of Land
observed landscape waste on the Site that had been applied
at a rate of more than 20 tons per
acre per year.
23.
On October 17, 2007, inspectors from the Illinois EPA observed landscape waste
on the Site that had been applied at a rate
of more than 20 tons per acre per year.
24.
On at least September
21,2007, October 17,2007, and at times better known to
the Defendants, Defendants have not
met the exemption from a permit requirement contained in
Section
21 (q)(2) of the Act, 415 ILCS
5/21
(q)(2)(2006), and, thus, are required to have a permit
for the operation
of their landscaping waste composting operation. Defendants did not have a
pennit
or pennission for said operation, and were not given permission by the Illinois EPA to
apply a higher rate
of landscape waste per acre per year until May 1, 2008.
25.
BY'
appl:r~irig
landscape
"YVYaste Cit
a
rate of
iJlvi"~
tbEiu 20 tens vf laIidscapc
"YV~astc
pCi'"
acre, per year, without first obtaining a permit from the Illinois EPA, Defendants have violated
Q
uecLlon
+'
2
1
1
(
q,,)V
)f2\~ftl-.oA
,111.- C,
t
4
'lJU,,'-'v
1
<nr'Q
5/2
1f
""q
)(2\(2f\06\
J
V.j.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that this Court enter Judgment in favor
of Plaintiff and against the Defendants, DON
HAMMAN FARMS, LLC and
DONALD
J.
HAMMAN, on this Count III:
11
Elecronic Filing - Received, Clerk's Office, November 17, 2008
A.
Finding that the Defendants have violated Section 21(q)(2) of the Act, 415 ILCS
5/21 (q)(2)(2006);
B.
Enjoining the Defendants from any further violations of Section 21 (q)(2) of the
Act, 415 ILCS 5/21 (q)(2)(2006);
C.
Assessing a civil penalty of $50,000.00 against the Defendants for each and every
violation of the Act and an additional $10,000.00 for each day during which the violation
continues;
D.
Ordering that all costs of this action, including expert witness, consultant and
attorney fees, be taxed against the Defendants; and
E.
For such other relief as this Court may deem appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
ex ref.
LISA MADIGAN,
Attorney General
of the State of Illinois
OF COUNSEL:
PAULA BECKER WHEELER
VANESSA CORDONNIER
Assistant Attorneys General
Environmental Bureau
69
W. Washington, Suite 1800
Chicago, IL60602
(312) 814-1511
12
Elecronic Filing - Received, Clerk's Office, November 17, 2008
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions
of Section
1-109
of the Illinois Code of Civil
Procedure, hereby under penalty
ofpeIjury under the laws ofthe United States of America,
certifies that on November 17, 2008, she caused to be served a copy
of the foregoing upon:
Mr. John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
100
W. Randolph, Suite 11-500
Chicago, IL 60601
(via
electronic filing)
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center, Suite 11-500
100
w. Randolph Street
Chicago, IL 60601
(via email: hallorab@ipcb.state.il.us)
Thomas
G. Gardiner
Michelle M. LaGrotta
GARDINER KOCH
&
WEISBERG
53 W. Jackson Blvd., Ste. 950
Chicago, IL 60604
tgardiner@gkw-law.com
mlagrotta@gkw-Iaw.com
Via electronic filing and/or e-mail delivery.
PCB No. 08-96
Charles
F.
Helsten
Nicola
A.
Nelson
HINSHAW
&
CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
;'
70567539vl 890522 66799
Elecronic Filing - Received, Clerk's Office, November 17, 2008
