The Illinois Attorney General’s Office says that TrueFlo is complying with the state’s orders concerning the cleanup in the ditch adjoining its property. This, after a civil contempt hearing set for June 22 in White County Courthouse, was cancelled the day before. The Court said that the parties had reached an agreement. This is not the first time they have reached an agreement.
When queried about the hearing, the Attorney General’s Office released this statement:
“The Attorney General’s Office will continue to ensure that TrueFlo complies with the agreed interim order while the litigation is pending. We further will seek a nal resolution that holds TrueFlo fully accountable for its pollution.”
The Civil Contempt order is still in place and a hearing could be scheduled if TrueFlo is again noncompliant, but the preliminary injunction, which was led with the Court last September 17, 2017 is also still in effect.
The preliminary injunction states that “by entering into this Agreed Interim Order and complying with its terms, TrueFlo does not admit any wrongful conduct or violation of any applicable statue, law, or regulations thereunder, and this Agreed Interim Order and compliance therewith shall not be interpreted as including such admission.”
TrueFlo claims to have immediately began the clean-up operation last August despite the initial charges by the AG that they did nothing for a week after it happened, with which the landowner concurs.
It appears that it is back to square one with TrueFlo. A year ago in late August when the oil and brine dump in the creek was first reported and the Attorney General’s office became involved, this same preliminary injunction was filed on September 15, 2017. After TrueFlo did not comply with the preliminary injunction, the AG’s Office then filed the Civil Contempt Order in December 2017. It seems that TrueFlo has again agreed to live under the requirements of the preliminary injunction.
The contaminated site is to be continually monitored and a sampling plan submitted by a licensed professional in order to determine if more cleanup is required.