WINFIELD - The state Department of Environment Protection claims a Hurricane landfill is a nuisance because of ongoing health and safety concerns.

Lisa McClung, director of the DEP's Division of Water and Waste Management, filed the lawsuit last month in Putnam Circuit Court against Allied Waste Sycamore Landfill.

According to the suit, the DEP found 38 violations at the Hurricane facility in inspections from Jan. 26, 2007, to Aug. 30, 2007. The violations were non-compliant with the Solid Waste Management Rules, the Water Pollution Control Act and the Groundwater Protection Act.

Some of the specific violations included failure to place a wind screen to control wind-blown material, failure to provide cover for waste exposed to weather for more than 30 days, failure to properly collect and treat leachate.

The DEP seeks an order, judgment or decree that Allied is liable for injunctive relief requiring it to comply with all applicable rules and statutes. The DEP also wants Allied to eliminate all common law public nuisances within 60 days of such judgment.

The DEP also says Allied should pay up to $25,000 per day in statutory civil penalties for each violation of the Solid Waste Management Rules, the Water Pollution Control Act and the Groundwater Protection Act. It also should pay appropriate common law nuisance damages, according to the suit.

The DEP also seeks attorney fees, court costs and other relief.

Mark J. Rudolph, senior counsel in the DEP's Office of Legal Services filed the complaint.

Putnam Circuit Court case number: 08-C-225