People ex rel. Ryan v. Bishop

No. 5-99-0111 (735 N.E.2d 754) (Ill. App. Ct. August 29, 2000)

ELR Digest

The court affirms a lower court decision holding an individual liable as an operator of a landfill under the Illinois Environmental Protection Act (IEPA). The court first holds that a review of the record as a whole shows that the individual was a landfill operator. Thus, the instant case is not like three pollution control board cases where an individual exchanged work at a landfill for the right to dump. Although the individual in this case never signed the landfill application as an operator, he has known since 1992 that he was listed as an operator on the landfill's permit. In addition, the individual pledged a $ 25,000 certificate of deposit as financial assurance for the landfill. He also spent $ 75,000 over 10 years to maintain the landfill and its equipment. Further, the individual hired an engineer to assist with activities at the landfill, and he deducted the amounts he spent on the landfill from his federal taxes. Moreover, the individual listed the landfill as a principle business on his income tax returns. Therefore, the individual was, in every sense of the word, an operator of the landfill pursuant to the IEPA.

The full text of this decision is available from ELR (4 pp., ELR Order No. L-264).

[Counsel not available at this printing.]

[31 ELR 20092]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]