Illinois EPA sues Fred Barbara and Tom Volini over illegal dumping

Fred Barbara's company, Kankakee Regional Landfill, LLC., Tom Volini as an individual and his company Town & Country Utilities, Inc., the developers of the proposed Chicago regional garbage dump with the City of Kankakee, are being sued by the Illinois EPA over illegal dumping near their proposed dump site. Also being sued is their former partner in the land, Edward Heil. Case No. 07 CH 303 which is being heard at the Kankakee County Court House. The IEPA is represented by the Illinois Attorney Generals Office. The local environmental group Protecting Our Water Environment & River, NFP. (POWER) obtained pictures of the illegal dumping of semi-truck loads of construction debris and other garbage which they turned over to the IEPA that has resulted in this suit.

Fred Barbara has reached a settlement with the IEPA in the illegal dumping case against his company, Kankakee Regional Landfill LLC. Please click settlement document to read the details.. This document was obtained from the Kankakee County Circuit Clerk's Office. Take note of the very last page where Fred Bruno Barbara has signed as manager of defendant Kankakee Regional Landfill LLC.

Other defendants, Tom Volini as an individual and his company Town & Country Utilities, Inc., have not settled. The case against them will continue Wednesday September 2 at the Kankakee County Court House, room 2004 at 9;00 a.m.

One other defendant in the case, a former partner in the land, Edward F. Heil. got the case against him dropped by the IEPA because he sold his interest in the land..

To read the full case brought by the IEPA, click read the law suit here. To get background information on Fred Barbara and Tom Volini, click on their names.

Another hearing took place this morning at 9:00 a.m. in Room 204 in the Kankakee County Court House. According to the attorney from the Illinois Attorney Generals office, a settlement has been reached with Fred Barbara's company Kankakee Regional Landfill LLC. The case against Edward Heil, who sold his interest in the land to the other partners, has been dropped. The other defendants Tom Volini and his company Town & Country Utilities have so far refused to settle. The next hearing in this matter is scheduled for Wednesday, September 2 at 9:00 a.m. in room 204 at the Kankakee County Court House. The Illinois E. P. A. had been seeking $4.1 million in fines and fees. No word yet on how much Fred Barbara has agreed to pay. There have been several hearings since April 11, 2008 with nothing to report until today.

Not much happened. The Illinois Attorney General's representative asked for a postponement. The next scheduled status hearing is Tuesday, August 12, 9:00 am, room 204.

No settlement has been reached. The attorneys and the judge discussed who would be filing what when. Next hearing April 11, 2008

At the January 3, 2008 court hearing, Mr. Volini's attorney filed a motion requesting a trial. This means at the present time Mr. Volini is refusing to accept the settlement offer made by the Attorney Generals office on behalf of the IEPA. The IEPA is seeking $4,100,000 in fines and penalties but the assistant Attorney General handling the case said they have made a generous offer to Mr. Volini to settle the case. She also said Mr. Volini has yet to sign an agreement barring future dumping. The next hearing on this matter will take place February 28 at the Kankakee County Court House.

9:00 AM Thursday January 3, 2008 a hearing will take place in the Kankakee County Court House room 204 to in this case. Mr. Volini was granted a delay until this date to settle with the IEPA on the thousands of dollars in fines he owes as a result of his illegal dumping. He is claiming he cleaned up and hauled away the multiple semi-loads of debris he dumped illegally near the proposed Mayor Green/Barbara-Volini garbage dump site. Neighbors in the area say he buried the debris.

The local environmental group Protecting Our Water Environment & River (POWER) obtained pictures of the illegal dumping of semi-truck loads of construction debris and other garbage which they turned over to the IEPA that has resulted in this suit. The case has been filed in the Circuit Court at the Kankakee County Court House. It is scheduled to be heard September 27, 9:00 A.M. room 204. An answer to this case by the defendants is due by August 29. Click the POWER link to go their web site to read more about their work.