Trash Heap Can Trash Your Bottom Line! In a recent decision, an Illinois Appellate Court upheld a ruling from the Illinois Pollution Control Board that imposed a $7,500 fine on an Illinois contractor cited for ( I ) causing or allowing “open dumping” of waste that resulted in litter; ( ii ) causing or allowing “open dumping” of waste that resulted in deposition of construction or demolition debris; and ( iii) causing or allowing accumulation of water in used or waste tires. The “open dumping” was a pile of debris (boards, PVC pipe pieces, silt fence, etc.) removed from work sites and “dumped” outdoors, on the ground, at the contractor’s property, by returning work crews. The contractor indicated that its employees piled the materials there, until there was enough accumulated to make it worthwhile to drive it to the landfill. This practice garnered the contractor citations for both causing or allowing litter and deposition of construction debris. The tires with accumulated water were 2 tires that had been removed from the contractor’s equipment; laid on their sides; and accumulated rain water. The contractor indicated that the tires had been retained to be used for other purposes, such as filling them with concrete to create a base for work-site light poles. The Illinois Environmental Protection Agency field workers did not believe that explanation, as they saw no evidence of use for light poles. IEPA fined the contractor $7,500 for the three concurrent violations of its regulations; and both the Pollution Control Board and the Appellate Court have upheld the fine. HBA has been advised that IEPA intends to increase its enforcement and fines relating to the construction industry. This case will provide precedent that will allow IEPA to do exactly that. If your company currently accumulates wastes and/or debris on the ground, now is a good time to change that practice. If you have any questions about how environmental regulations would apply to any of your practices, you should speak with your attorney, before you are visited by IEPA. Sue Schultz, Esq., Sandberg Phoenix & von Gontard P.C., sschultz@sandbergphoenix.com, 618-624-3478. 8
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