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

$15,000 Settlement of State Enforcement Action Against Construction Debris Landfill

On March 4th, the Illinois Pollution Control Board accepted a settlement in People v. Reliable Sand and Gravel Co., IPCB No. 09-129, which concerned the defendant’s clean construction and demolition debris (CCDD) fill operation at 2121 South River Road in McHenry, McHenry County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to: (1) conduct and maintain records of routine inspections of incoming loads and at least one discharge load by failing to both visually inspect the loads and use a specified PID or other device; (2) demonstrate that site personnel are trained to identify non-CCDD material; (3) conduct field measurements in accordance with permitted operating procedures; (4) keep records of training reports, written procedures for load checking, and load rejection notifications; and (5) obtain an interim authorization for operating the facility.  The State also alleged that the defendant violated the Act by dumping, depositing, or placing approximately 100 cubic yards of non-CCDD landscape waste at the face of the fill area, without a permit, and failing to restrict vehicular access to the working face of the area or post a sign excluding non-CCDD waste.

Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $15,000.

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

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