News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 239-9722

Public and Private Entities Settle State Enforcement Action Alleging Illegal Dumping of Waste at Clean Construction and Demolition Debris Facility

The Illinois Pollution Control Board recently accepted the parties’ stipulations and proposed settlements in People v. Reliable Materials Lyons, LLC, Case No. PCB 12-52.  This case concerned illegal dumping of waste taken from a 7.5 acre parcel of land located at 401 North Sawyer Avenue, Chicago, Cook County, owned by the Board of Education of the City of Chicago (“CPS”), and disposed of at a clean construction and demolition debris (“CCDD”) facility located at 4401 First Avenue, Lyons, Cook County, owned by Reliable Materials Lyons, LLC.

The State alleged in Count I that Reliable, CPS, GSG Consultants, Speedy Gonzales Landscaping (“SGL”), and the Public Building Commission of Chicago (“PBC”) violated the Illinois Environmental Protection Act by causing or allowing waste (contaminated soil and materials) to be deposited and to accumulate at the CCDD facility, which constituted an illegal open dumping of waste. 

In Count II, the State alleged that SGL and CPS violated the Board’s Waste Disposal Regulations by failing to make a valid special waste determination of soil being hauled from the Sawyer Avenue parcel. In addition, by delivering special waste without any manifests to transporters, the State alleged that CPS and SGL violated the Board’s Waste Disposal Regulations. 

In Count III, the State alleged that Reliable violated the Act by conducting a waste disposal operation without a permit issued by the Illinois EPA. 

In Count IV, the State alleged that Reliable violated the Board’s Waste Disposal Regulations by accepting waste for disposal without receiving any completed, signed manifests designating the CCDD facility as the destination for the waste.

Under the terms of the settlement, SGL, PBC, and CPS neither admit nor deny the factual allegations.  SGL agrees to pay a civil penalty of $10,000.00, and PBC and CPS agree to jointly pay a civil penalty in the sum of $17,500.00.

Stay tuned to the Illinois Environmental Law Blog for more news and developments. To subscribe to this blog and sign up for my free newsletter, go to http://illinoisenvironmentallaw.com/subscribe/. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.





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