Illinois EPA refers Lemna property, Kankakee County, to Attorney General for enforcement

SPRINGFIELD - Illinois Environmental Protection Agency Director Doug Scott has asked the Illinois Attorney General's Office to proceed with enforcement action against the owner of Lemna property, which is located along State Highway 50, near Bourbonnais, for the improper and unsafe management of waste tires.

 

On March 30, an Illinois EPA inspector met with representatives of the Bradley Police Department and Buckeye Pipeline in response to a reported break in an 8-inch petroleum pipeline. The Illinois EPA inspector observed that the break was likely caused during the excavation of a large volume of soil, which was apparently being dug to bury tires and other wastes.  Buckeye representatives installed a metal clamp around the damaged area of the pipe to stop the release, obtained a vacuum truck to recover released product, and took other precautionary measures to prevent contamination of a nearby creek.

 

The Illinois EPA has had previous involvement with this site.  In mid-2009, the Illinois EPA issued a Notice of Violation of the Environmental Protection Act to the owner of the facility, Thomas E. Lemna, for the improper disposal of used or waste tires and health risks caused by the improper storage.  The site contained 5,000 to 10,000 waste tires as well as a significant amount of other wastes. Based upon Lemna's failures to adequately respond to the Notice, the Illinois EPA previously referred Lemna to the Attorney General March 16, 2010, requesting an order for site access to perform a tire and solid waste cleanup; the Attorney General's office accepted the case for representation.

 

In addition, the Kankakee County State's Attorney has been pursuing compliance at the site.  The pending circuit court action has not been successful in forcing Lemna to remediate the site. 

 

The Illinois EPA asks that the Attorney General direct Lemna and anyone acting on his behalf to cease all activities on-site, including the continued storage of used or waste tires on-site, moving any of the tires and other wastes on-site and any excavation.  The Illinois EPA feels that an Order is necessary so that site conditions do not worsen to a point where a cost effective remedy becomes excessive.  The Order should also allow the Illinois EPA access to the site to respond to the petroleum release and to remove and properly dispose of all waste, including the used or waste tires.  According to Illinois EPA staff, site conditions create a substantial risk to human health and require immediate action.