Parties have litigated for 12 years about a 40-acre landfill that operated 2002 - 2007 without waste disposal permit from Illinois EPA and accumulated a 70-foot tall mount of debris. Primary landowner was not an operator under Illinois Environmental Protection Act, and did not become an operator after shutdown of landfill site. Primary landowner has not been passive or inactive in its efforts to remedy waste since shutdown because of contractual nature of its royalty agreement with developer and its active participation in litigation. Primary landowner is required to remedy store or abandonment of waste on its property by developer in violation of Section 21(e) of the Act. Circuit court is directed to order developer to immediately remediate property and quickly conclude issue of developer's civil penalties and fines. If developer fails timely to remediate, circuit court is directed to order primary landowner to take over that task.(HOWSE, concurring; ELLIS, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Environment Protection Act