BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
EcrE~vED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
)
JAN 122005
of the State of Illinois,
STATEOFILLINOIS
Pdllut(ofl Control Board
Complainant,
vs.
)
PCB No.
05-~P~f
U
(Enforcement
-
Water)
CUNAT,
INC., an
Illinois corporation,
Respondent.
NOTICE OF
FILING
TO:
Christopher D. Oswald
Mohan Alewelt,
Priliaman & Adami
One North Old Capitol Plaza,
Suite 325
Springfield, Illinois 62701-1323
PLEASE TAKE NOTICE that
I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board a Complaint,
Notice of Filing, and a Certificate of Service on behalf of the
People of the State of Illinois,
a copy of which is attached and
herewith served upon you.
Section 103.204(f)
of the Pollution Control Board Procedural
Rules,
35
Ill.
Adm. Code 103.204(f)
provides:
~‘Fai1ureto file an
answer to this complaint within 60 days may have severe
consequences.
Failure to answer will mean that all allegations
in the complaint will be taken as
if admitted for purposes of
this proceeding.
If you have any questions about this procedure,
you should contact the hearing officer assigned to this
proceeding,
the Clerk’s Office or an attorney.”
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
BY:
_______________
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Fir.
Chicago,
IL G0601
(312)
814-3816
DATE:
January 12,
2005
G:\Environrnental Enforcement\Z
BEREKET-AB\Cunat Notice ofFiling I-i
1-05.wpd
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JAN 12 2005
PEOPLE
OF THE STATE OF ILLINOIS,
)
Poll
Complainant,
)
vs.
)
PCBNo.
~
)
(Enforcement
-
Water)
CUNAT, INC., an Illinois corporation,
)
)
Respondent.
)
COMPLAINT
Complainant, People ofthe State of Illinois, by LISA MADIGAN, Attorney General of
the State ofIllinois,
complains ofRespondent, CUNAT, Inc., an Illinois
corporation, as follows:
COUNT I
VIOLATION OF SEWER CONSTRUCTION PERMIT
1.
This Complaint
is brought on behalfofthe PEOPLE OF THE STATE OF
ILLINOIS, by LISA MADIGAN, Attorney General ofthe State ofIllinois, on her own motion
and at the request ofthe Illinois Environmental Protection Agency (“Illinois EPA”) pursuant to
the terms and provisions ofSection
31 ofthe Illinois Environmental Protection Act (“Act”),
415
ILCS 5/31
(2002).
2.
The Illinois EPA is an adnlinistrat
-agenGy-estabi-ished in the execu~ve-branch--__——_____
ofthe State government by Section 4 ofthe Act,
415 ILCS
5/4
(2002), and charged,
inter alia,
with the duty ofenforcing the Act.
3.
At all times relevant to this Complaint, Respondent, CUNAT, INC., (“Cunat”)
is an Illinois corporation in good standing with the illinois Secretary ofState.
4.
At
all times relevant to this Complaint, Cunat was the developer ofthe Richmond
Condominiums development located on the west side of Route 12, Village ofRichmond
(“Richmond”), McHenry County, Illinois
(“Site”).
5.
On January 4, 2002,
the Illinois EPA issued permit No. 2002-HB-5 194 to Cunat
to construct a sanitary sewer connection from the Richmond Condominiums to the Village of
Richmond’s Sewer Treatment Plant (“STP”).
The Village ofRichmond is
the permittee to own
and operate the sanitary sewer.
6.
On September
8,
2003, the Illinois EPA, received a complaint from the MeHenry
County Health Department regarding the discharge ofraw untreated sewage to the surface ofthe
ground along Route 12
in the Village ofRichmond.
The sewer serving the Richmond
Condominiums was incomplete and raw sewage was spilling on the ground-surface.
7.
On September 9, 2003, the Illinois EPA inspected the site and observed that
sewage had accumulated in a depression that was excavated for the construction of a lift station.
During the inspection, accumulated sewage was being pumped from a wet well to a nearby
manhole that connected to an existing portion ofthe Village of Richmond’s collection system.
8.
The source of the sewage was Cunat’s Richmond Condominiums development,
which was still under construction at the time ofthe discharge.
9.
Section
12(b) ofthe Act, 415 ILCS
5/12(b)
(2002), provides as follows:
No person shall:
b)
Construct, install,
or operate any equipment, facility, vessel, or aircraft
capable ofcausing or contributing to waterpollution, or designed to
prevent water pollution, of any type designated by Board regulations,
without a permit granted by the Agency, or in violation of any conditions
imposed by such permit.
10.
Section 3.3 15 ofthe Act, 415
1LCS 5/3.3 15
(2002), defines person as follows:
“PERSON” is
any individual, partnership, co-partnership, firm, company,
limited liability company, corporation, association, joint stock company,
trust, estate, political subdivision,
state agency, or any other legal entity, or
their legal representative, agent or assigns.
2
11.
Cunat, a corporation, is
a “person” as that term is defined in Section 3.26 ofthe
Act, 415 ILCS
5/3.26
92002).
12.
Section 309.202(a) ofthe Board Water Pollution Regulations,
35 Ill. Adm.
Code
309.202(a), titled,
Construction Permits,
provides in pertinent part as follows:
(a)
No person shall cause or allow the construction ofany new treatment
works, sewer or wastewater source or cause or allow the modification of
any existing treatment works,
sewer or wastewater source without a
construction permit issued by the Agency;
13.
Special Condition 4 ofpermit No. 2002-HB-5 194 provides
as follows:
The operational portion of this permit is contingent upon completion of
construction and start ofoperation ofall downstream transporting and treating
facilities.
14.
Cunat discharged untreated sewage to a sewer line prior to the completion of
construction ofsuch sewer line in violation ofSpecial Condition
4 ofpermit No. 2002-HB-5194.
15.
By allowing raw sewage to
be discharged to
the uncompleted sewer line in
violation ofSpecial Condition 4 ofconstruction permit No. 2002-HB-5194, Respondent violated
Section 12(b) ofthe Act, 415 ILCS
5/12(b)
(2002), and Section 309.202(a) of the Board Water
Pollution Regulations, 35 Iii.
Adm.
Code 309.202(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE
OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, CUNAT, INC., on this Count I:
1.
Authorizing a hearing in this matter at which time the Respondentwill be required
•
to answer the allegations herein;
2.
Finding that Respondent has caused or allowed violations ofSection 12(b) ofthe
Act, 35
Ill. Adm.
Code 309.202(a) and Special Condition 4 ofpermit No. 2002-RB-S 194;
3
3.
Ordering Respondent to cease and desist from any further violations of
Section
12(b) ofthe Act,
35 ill. Adm. Code
309.202(a) and permit conditions;
4.
Assessing a civil penalty of$50,000 against Respondent for each violation
ofthe Act
and 35
Ill.
Adm. Code 309.202(a), with an additional civil penalty of $10,000 per day
for each day that each violation continued;
5.
Taxing all costs in this action,
including expert witness, consultant and attorneys
fees,
against Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
•
MATTHEW J. DU1’~N,Chief
Environmental Enforcement!
Asbestos Litigation Division
Qf
Counsel:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
20th
Floor
Chicago, illinois 60601
(312) 814-3816
(312) 814-2347
-
fax
G:\Environniental Enforcement’Z BEREKET-AB\Cunat
Inc
-
Complaint 0904.wpd
Assistant Attorney General
4
CERTIFICATE
OF SERVICE
I,
the undersigned,
certify that
I have served the attached
Complaint, Notice of Filing, and Certificate of Service via
United States Postal certified mail upon the following person:
Christopher
ID. oswald
Mohan Alewelt,
Prillaman & Adami
One North Old Capitol Plaza,
Suite 325
Springfield,
Illinois 62701-1323
•
•
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Flr.
Chicago, Illinois 60601
G:\Bnvironrnental
Enforcernent\Z
BEREKET-AB\Cunat
CertifIcate
of
Service
I-I l-05.wpd
