Agenda - Planning Commission - 12/05/2002

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Page 4 -- November 10, 2002 g,g. Preliminary Injunction -- Village considers, waste disposal facility a fire hazard Two fires resulted in request for a restraining order ILLINOIS (09/27/02) -- Allied Waste Transportation, Suburban, Warehouse Inc., and Ward (Allied) were the lessors and operators of a waste disposal fac/1- ity. The facility also stored and recycled other waste products at' the same location. There were two fkes at the faciI/ty in late 2000. The f~es started in piles of waste products and resulted in Riverdate asking the court for an abatement of nuisance and a temporary and permanent order stopping operations. Here, the village alleged Allied operated without the required permits, including condi- tional use permits for operating a wood recycling, solid waste disposal, or solid waste storage operation. The village argued the facility was a continuing f'~re hazard and one of the structures on the premises did not have. the required' sprinkler system or fke suppression equipment installed. Allied initially agreed to stop accepting waste at the facility, but, On Jan. 22, 2001, A/lied advised the village it would start accepting loads of "wood waste and other recyclable materials for processing and storage." The lower court granted the motion for a temporary order. Later, village officials, including the fke chief, testified concerning £~e and safety issues. The mayor also noted Allied lacked a business license and stated, if the busi- ness tried to operate without one, he would dispatch village officials to st~ut Allied down and tag the building. The lower court agreed the preliminary injunction was the proper remedy. Allied appealed, claiming the v/l_lage had an adequate remedy at law and, thus, the lower court improperly granted the preliminary injunction. DECISION: A/Tn-med. The lower court properly issued a preliminary order shutting down the op- eration. The village was not required to look to an appropriate remedy, at law as would a consumer. Further, Allied failed to acquire the necessary conditional use permits and business licenses to operate legally. Allied fullY intended to continue accepting and processing waste products, notwithstanding the previous fin-es. This continued operation Constituted an extreme risk to the public, health and safety and property, as well as the envi- ronment. Thus, the lower court properly granted the village's request, for a preliminary injunction. Citation: V~llage of Riverdale v. Allied Waste Transpo'rration !nc., Appellate Court of Illinois, ]st Dist., 5th Div., No. 1-01-3409 (2002). see also: City of Chicago v. Piotrowski, 576 N.£.2d 64 (]991). see also: Sadar v. American Motors Corp., 470 N.E. 2d 997'(]984). I I I I I ! ! I I I I I