Construction/Debris Landfills: Illinois Attorney General Files Action Alleging Acceptance of Prohibited Waste

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Illinois Attorney General Lisa Madigan announced in a news release that her office filed two lawsuits against the owner of two LaSalle County, Illinois, clean construction or debris demolition (“CCDD”) facilities.

The lawsuits are stated to have been filed on May 3rd in LaSalle County Circuit Court against Sheridan-Joliet Land Development, LLC and Sheridan Sand & Gravel Co.

The facilities are described as CCDD fill operations at two Sheridan, Illinois, locations. The lawsuits allege that both CCDD locations accepted truckloads of debris that contained waste not allowed at such facilities. The allegations are stated to be based upon an April 2018 referral that the Illinois Attorney General received from the Illinois Environmental Protection Agency.

Illinois Environmental Protection Agency inspectors are stated to have conducted compliance evaluations in April 2017 at both of the facilities. The inspectors allegedly found that one facility had received four truckloads of debris containing wood, metal, plastic and glass mixed with soil and brick fragments, and that the company failed to certify the truckloads as being uncontaminated. The inspectors were also alleged to have observed the facility did not have any barriers in place to confine storm water, water runoff to the site, and water was emptying freely into a nearby creek.

At the other facility, which had been inactive since February 2015, inspectors are stated to have reviewed reports which found the facility had accepted 18 truckloads of debris in 2015 that also had not been certified as being uncontaminated. Such debris were stated to have included wood, metal, and dry cell batteries.

The Illinois Attorney General is requesting that the Court require one facility to take action to evaluate and remediate any contamination, to cease and desist from accepting and disposing of any waste at the two facilities, and to impose civil penalties.

A copy of the news release can be found here.

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