Fish Kill Update

[Gary Lange]

May 19, 2010

By GLORIA CARR gcarr@stmedianetwork.com

SOUTH ELGIN -- The Illinois Department of Natural Resources continued Tuesday to investigate the illegal dumping of an acid-based chemical that caused a fish kill in a tributary of the Fox River over the weekend.

The IDNR is looking at what and how much was dumped, and it will examine the effects of that dumping on the creek and its wildlife, spokeswoman Januari Smith said. Preliminary reports indicate the chemicals were contained within the creek and did not reach the river, she said.

There is no time line for when the investigation will be complete, she said.

No charges have been filed against two men who were taken into custody for questioning Saturday, after police found them dumping a substance into a storm sewer at DY Recycling in the 600 block of Sundown Road. The chemicals then leaked into a retention pond on the property and flowed into the creek.

The Illinois Environmental Protection Agency is continuing to work on the investigation with IDNR, spokeswoman Maggie Carson said.

Due to the type of chemical dumped, there is nothing to capture because it blends into the water, Carson said. The type of chemical dumped means it immediately causes harm to wildlife, which led to the deaths of spawning carp. However, the substance becomes more diluted as it goes downstream and becomes harmless, she said.

"We've got a lot of water (in the Fox River and its tributaries) now that increases the dilution," she said.

IEPA investigators are not sure how much of an area was affected, she said. That will be a conclusion in the final investigation.

[Gary Lange]

May 21, 2010

By GLORIA CARR gcarr@stmedianetwork.com

SOUTH ELGIN -- The business at the heart of an illegal chemical dumping investigation did not have an occupancy permit or a special-use permit -- requirements for operating in the village, South Elgin officials said.

Officials said they discovered last week that D&Y Recycling, in the 600 block of Sundown Road, was occupying the building illegally. The discovery was made as officials gathered paperwork for another tenant in the same building, Community Development Director Steve Super said.

"We were in the process of verifying all the facts when they (the company) had the dumping incident over the weekend," Super said, adding code enforcement officers closed the business down earlier this week. "We went out and basically informed them they could not be in the village without the occupancy permit."

Neighbors called police Saturday evening after spotting bubbling foam and dead fish in a stream running into the river near Sundown and Route 31. Police checked the nearby industrial park and spotted two employees from D&Y pouring what is believed to have been an acid-based chemical into the storm sewer leading to the stream, authorities said.

The company is owned by John Zheng, according to reports. Calls to the firm were not returned Thursday.

"He's out of business; he is not operating there," Super said.

Code enforcement officers wrote six tickets -- two to the property owner and four to Zheng. The property owner, identified as Parker Scruggs, was cited with failure to obtain an occupancy permit and work without a permit. Zheng was cited with failure to obtain an occupancy permit, working without a permit, littering and illicit discharge, which relates to the dumping, Super said. The village cannot file criminal charges in the dumping case, but only issue the ordinance violations, he said.

Each ticket carries a $50 fine.

Both men must appear at an administrative hearing at village hall unless they pay the fines, he said.

In addition to an occupancy permit, D&Y Recycling was required to obtain a special-use permit because of the type of business it did, Super said.

Recycling lends itself to businesses "not always knowing what they are getting," Super said. "The village is concerned how they are managing it." The dumping investigation "is a perfect example of why we would require a special-use permit," he said.

According to its website, the company -- founded in 2004 -- handles waste plastic for recycling, and its main market is mainland China. The company's total U.S. sales were reported to be $50 million. Its company slogan is "making the world cleaner."

No one appeared to be working at the Sundown Road business Thursday. Zheng reportedly was removing his property from the building this week, Super said.

Illinois Department of Natural Resources spokeswoman Januari Smith said Thursday there were no new developments in the state's investigation of the chemical dumping. The IDNR is the lead agency in the probe. It is awaiting test results to determine what was dumped into the storm sewer at the business.

D&Y Recycling hired a private company to clean up the stream earlier this week.

[Chief Grey Bear]

Thanks for the update.

[ozark trout fisher]

That is really sad. It really hurts deep down when I hear something like that-I don't know that stream, but still, that kind of thing really gets me down.

I hope the bastards that dumped the chemicals get charged and punished appropriately.

[eric1978]

The village cannot file criminal charges in the dumping case...

No, of course not. What a joke. I hope the state's prosecuting attorney isn't from South Elgin, too.

[Gary Lange]

I couldn't believe I was reading it right when it said $50.00. I am just hoping that the IDNR does something more then this with a company doing $50 million on business. They are paying for clean up but the damage is already done.

I just hope it doesn't or didn't get down to the Fox River itself as that river has a very big population of Smallmouth, Musky and Walleye. They get Smallmouths up to 20" and Muskies up to 45+". Walleye are still small yet but population is growing. What is nice is a good portion of the river is wade-able and some areas you need a boat. The wade-able sections are very accessible and easy to wade.

I hope to hear more in the future and will post when I get it.

[Indiana Trout]

Make the world cleaner, indeed...

[flytyer57]

According to its website, the company -- founded in 2004 -- handles waste plastic for recycling, and its main market is mainland China. The company's total U.S. sales were reported to be $50 million. Its company slogan is "making the world cleaner."

I guess they decided that "making the world cleaner" should start with cleaning the Fox of it's fish.

A $59 million company, and all they'll get is a slap on the wrist. Just like BP.

[Ham]

I guess they decided that "making the world cleaner" should start with cleaning the Fox of it's fish.

A $59 million company, and all they'll get is a slap on the wrist. Just like BP.

Want to wager that BP only gets a slap on the wrist? BP is going to lose BILLIONS on this deal. Maybe you'll somehow spin billions as being a slap on the wrist.

[flytyer57]

Want to wager that BP only gets a slap on the wrist? BP is going to lose BILLIONS on this deal. Maybe you'll somehow spin billions as being a slap on the wrist.

Right now the cap on penalties is at $75,000,000.

When they reported over $5,000,000,000 "profit" for the first quarter of the year, that $75,000,000 is a slap on the wrist.

Trust me. I hate to see those who pollute this bad get off easy. How many times do we hear about corporate farms and their manure spills killing all the fish downstream for miles? How many times do we hear of power companies, mining companies spilling waste killing all the fish downstream for miles and what do they get? Basically, a slap on the wrist.

And repeat offenders, like BP, really piss me off.

Until the laws are changed in this country so as to not protect the corporations, they will only get a slap on the wrist.