Illinois AG Recovers $2.2 Million over Illegal Dumping at C&D Sites

Illinois Attorney General Lisa Madigan has announced that her office has recovered more than $2.2 million as a result of ongoing lawsuits against companies accused of dumping waste at two illegal construction debris sites in Harvey, Ill. The suits were filed in 2004 and 2007.

To date, the Attorney General’s office reports that it has recovered $2,153,000 for waste removal and restoration of the sites and an additional $62,500 in civil penalties.

In 2004, Attorney General Madigan filed suit against Excavating & Lowboy Services Inc. and owner Daniel Serritella for using a site in Harvey, Ill. as an unpermitted construction demolition debris waste site.

An Illinois Environmental Protection Agency (IEPA) investigation also discovered an alleged second illegal dumping site at an undeveloped public park located across the street. As a result of the discovery, Madigan filed a second suit in 2004 against Excavating & Lowboy Services for illegal dumping at the park. That suit added as co-defendants the city of Harvey and the Harvey Park District. The second site is owned by the Park District and used as a police gun range by the city of Harvey.

Madigan’s office and the IEPA searched records to determine whether other companies were involved in the illegal dumping at the two sites. Madigan’s office sent subpoenas in 2006 to about 30 companies requesting information and records of dumping at the Harvey sites.

Based on the subpoenaed records, in 2007, Madigan filed another suit, this time naming 15 construction and excavation companies accused of dumping more than 19,000 truckloads of construction waste between 2001 and 2003. That suit, People vs. K-5 Construction Corp. et al, alleged the unpermitted waste included, among other things, dirt, brick, broken asphalt and concrete, landscape waste and other waste material from construction and demolition projects.
The remaining cases related to the illegal dump sites are pending in Cook County Circuit Court.