News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 881-6309

Landfill Owner Settles State Enforcement Action Alleging “Emissions of Offensive and Malodorous Landfill Gas”

The Illinois Pollution Control Board recently accepted the parties stipulation and proposed settlement in People v. Clinton Landfill, Inc., Case No. PCB 11-11, which concerned the defendant’s sanitary landfill located near the City of Clinton in DeWitt County, Illinois.

The State alleged in Count I of the Complaint that the defendant violated the Illinois Environmental Protection Act by by causing or allowing the emissions of offensive and malodorous landfill gas from the landfill so as to unreasonably interfere with the use and enjoyment of the neighbors’ property, causing air pollution and an odor nuisance.  Count I also alleged violations by operating the landfill’s gas management system in a manner resulting in malodors being detected beyond the property boundary.  Count II also alleged violations by failing to provide an adequate amount of clean soil material on all exposed waste by the end of each day of operation.

Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $10,000 and to perform a supplemental environmental project with a settlement value of $30,000, consisting of providing landfill disposal services to the State.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

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