Wednesday, November 10, 2010

Parties Settle State Enforcement Action Alleging Landfill Violations

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Swinson, Case No. PCB 10-8, which concerns defendant Don Swinson's vacant lot at 2000 Cunningham Road in Rockford, Winnebago County, Illinois, and the general construction or demolition debris (C&D) that co-defendant Champion Environmental Services allegedly transported there.

The State alleged that the defendants violated the Illinois Environmental Protection Act by causing or allowing the open dumping of waste without fulfilling the requirements of a sanitary landfill, which resulted in litter.  The State also alleged that the defendants disposed, treated, or stored C&D waste at the site without a permit from the Illinois Environmental Protection Agency.  The State alleged that Swinson failed to apply for and obtain permits from IEPA to develop and operate a new solid waste management site.  Lastly, the State alleged that Swinson failed to submit to the IEPA the necessary information prior to accepting C&D waste at the site.

Under the terms of the settlement, the defendants do not affirmatively admit the alleged violations, Champion agrees to pay a civil penalty of $2,500, and Swinson agrees to pay a civil penalty of $5,000.

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

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