1. REc~v~r~CLERK~SOPFIO~
      1. DISCHARGE ELIMINATION SYSTEM
      2. OFFENSIVE DISCHARGES
      3. CERTIFICATE OF SERVICE
RECEJVE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUN
232004
STATE OF ILLINOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution Control
Board
Complainant,
)
v.
)
PCB
No.
04
-
(Enforcement
-
Water)
HERITAGE FS,
INC.,
an Illinois
incorporated cooperative,
Respondent.
NOTICE OF FILING
TO:
See Attached Service List.
PLEASE TAKE NOTICE that on June 23,
2004,
the People of the
State of Illinois filed with the Illinois Pollution Control Board
a Complaint,
true and correct copies of which are attached and
hereby served upon you.
Failure to 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,
LISA
MADIGAN
Attorney General
State of Illinois
BY:7
~
J
IFER/A. TOMA
ssista~tAttorney General
Environmental Bureau
188
W. Randolph Street,
Suite 2001
Chicago, Illinois
60601
(312)
814-0609
THIS FILING
IS SUBMITTED
ON RECYCLED
PAPER
SERVICE LIST
•He~ritage
FS,
Inc.
1381
5.
Crescent
Gilman,
Illinois 60938
Heritage FS,
Inc.
2201 Grinnel Road
Kankakee,
Illinois 60901
Thomas
G.
Safley
Hodge
Dwyer
Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
Charles Gunnarson
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
REc~v~r~
CLERK~SOPFIO~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 23
2004
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
STATEOF~LLINOI~
Control
BQF~~
Complainant,
)
v.
)
PCB No.
04-
(Enforcement
-
Water)
HERITAGE FS,
INC.,
an Illinois
incorporated cooperative,
Respondent.
)
COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
complains of
Respondent,
HERITAGE FS,
INC.
(“Heritage”),
as follows:
COUNT I
WATER POLLUTION
1.
This complaint
is brought on behalf of the People of
the State of Illinois by Lisa Madigan, Attorney General of the
State of Illinois,
on her own motion and at the request of the
Illinois Environmental Protection Agency
(“Illinois EPA”)
pursuant to the terms and provisions of Section 31 of the
Illinois Environmental Protection Act
(“Act”),
415 ILCS 5/31
(2002),
and is an action to restrain ongoing violations of the
• Act and for. civil penalties.
•
2.
The.Illinois
EPA is an administrative agency
established in the executive branch of the State government by
Section
4 of the Act,
415 ILCS 5/4
(2002), and is charged,
inter
alia,with
the duty of enforcing the Act.
3.
Heritage
FS,
Inc.
is a farming cooperative and
• an
incorporated
entity
pursuant
to
the, Agricultural Co-operative
•
Act, ‘805 ILCS 315
(2002)
4.
Heritage
is
a retailer of farm fertilizer and chemicals
as
well
as
petroleum
and
LP
gas.
The
cooperative
consists
of
thirteen
(13)
branches
with approximately 1,000 members and is
governed by a nine-member board.
5.
On
July
9,
2003,
during
off loading
of
diesel
fuel
from
a
delivery
truck
•to
a
tank
at
Heritage’s
branch
bulk
fuel
facility
located
at
2201
Grinnel
Road,
Kankakee,
Kankakee County,
Illinois
(“Site”),
a valve
was
placed
in
the
wrong
position
causing
the
release
of
approximately
790
gallons
of
diesel
fue•l.
6.
A recovery tank by the of
f
loading
area
caught
and
retained approximately 250 gallons of the release, while the
remaining amount,
approximately 540 gallons, overflowed the tank
•
•
and were deposited on
the
ground.
Some
of
the
fuel
flowed,
aided
by subsequent heavy rains,
over land approximately 400 feet to a
drainage ditch which leads to Soldier Creek,
a tributary of the
Kankakee River, and ultimately to the Kankakee River itself,
where
it was carried downstream for a distance of
approximately
one
(1) mile into the Kankakee River.
7.
The fuel release caused fuel puddles on the ground and
a
visible
oil
sheen
that
extended
from
the
drainage
ditch
into
the Kankakee River.
8.
Section
3.545
of
the
Act,
415
ILCS
5/3.545
(2002),
2
provides
the following definition:
“WATER POLLUTION”
is such alteration of the physical,
•
thermal, chemical, biological or radioactive properties
•
of any waters of the State, or such discharge of any
contaminant into any waters of the State,
as will or is
likely to create a nuisance or render such waters
harmful or detrimental or injurious to public health,
safety or welfare,
or to domestic,
commercial,
industrial,
agricultural, recreational, or other
•
legitimate uses,
or to livestock,
wild animals,
birds,
fish,
or other aquatic life.
9.
Section 3.315 of the Act, 415 ILCS 5/3.315
(2002),
provides the following definition:
“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.
10.
Respondent Heritage is a “person”
as
that
term
is
defined in Section 3.315 of the Act,
415 ILCS 5/3.315
(2002)
11.
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002),
provides the following definition:
“CONTAMINANT” is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy, from whatever source.
12.
Diesel fuel is a “contaminant”
as that term is defined
in Section 3.165 of the Act,
415 ILCS 5/3.165
(2002)
.
•
13.
Section 3.550 of the Act, 415 ILCS 5/3.550
(2002),
provides the following definition:
“WATERS” means all accumulations of water,
surface and
underground, natural,
and artificial, public and
private,
or parts thereof, which are wholly or
3
•
partially
within,
flow
through,
or
border
upon
this
•
•
State.
•
•
14.
The
drainage
ditch’
that
leads
to Soldier Creek,
Soldier
Creek and the Kankakee River are all “waters” as that term is
defined by Section 3.550 of the Act, 415 ILCS 5/3.550
(2002)
15.
Section 12(a)
of the Act, 415 ILCS 5/12(a) (2002)
provides as follows:
•
•
‘
No person shall:
•
•
•
•
(a)
Cause or threaten or allow the discharge of any
•
contaminants into the environment
in any State so
•
•
•
as to cause or tend to cause water pollution in
•
•
Illinois, either alone or in combination with
• matter from other sources, or sb as to viOlate•
regulations or standards adopted by the Pollution
Control, Board under this Act.
•
16.
By discharging diesel fuel into a drainage ditch
•
leading to Soldier Creek and ultimately to the Kankakee River,
•
•
•
Heritage caused or allowed water pollution in violation of
Section 12(a)
of the Act, 415 ILCS 5/12(a) (2002)
r
WHEREFbRE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
•
respectfully requests that the Board enter an order against
•
‘
;,
Respondent,
HERITAGE
FS,
INC
for the following relief
1
Authorize a hearing in this matter at which time
•
•
•
•
Respondent will be required to answer
the’ allegations herein;
•
2
Find that Respondent has violated Section 12(a)
of the
Act, 415
ILCS
5/12 (a) (2002)
4
3.
•
Order Respondent to cease and desist from any further
violations of Section 12(a)
of the Act;
4.
Assess against Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day each violations
occurred;’
5.
Order Respondent to pay all costs, pursuant to Section
42 (f)
of the Act,
415
ILCS
5/42
(f) (2002)
,
including attorney,
expert witness and consultant fees expended by the State in its
pursuit of this action; and
6.
Grant such other relief as the Board deems appropriate
and just.
COUNT
II
•
WATER POLLUTION RA.ZARD
•
•
1-14.
Complainant realleges and incorporates by
reference Paragraphs
1 through 14 of Count
I as Paragraphs
1
through 14 of this Count II.
15.
Section 12(d)
of the Act,. 415 ILCS 5/12(d) (2002),
provides as follows:
‘
•
•
No person shall:
*
*•
•
(d)
Deposit any contaminants upon the land in such
place and manner so as to create a water pollution
5
•
hazard.
16.
By
causing or allowing contaminants to be deposited on
the land in such place and manner as to create
a. water pollution
hazard to the waters of the State, Heritage is in violation of
Section 12(d)
of the Act,
415 ILCS 5/12(d) (2002).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, HERITAGEFS,
INC.
for the following relief:
• 1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;’
2.
Find that Respondent has violated Section 12 (d)
of the
•
Act, 415 ILCS 5/12 (d) (2002)
;
•
3.
Order Respondent to cease and desist from any further
violations of Section 12(d)
of the Act;
•
•
4.
Assess against Respondent a civil penalty of Fifty
•
Thousand.Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional
civil’ penalty of Ten
•
Thousand
Dollars
($10,000.00)
for
each
day
each
violations
occurred;
•
•
5.
•
Order
Respondent
to
pay
all
costs,
pursuant
to
Section
42 (f)
of the Act, 415 ILCS 5/42 (f) (2002),
including attorney,
expert
witness
and
consultant
fees
expended
by
the
State
in
its
pursuit
of
this
action;
and
.
6
6.
•
Grant
such
other
relief
as
the
Board
deems
appropriate
and
just.
COUNT
III
VIOLATIONS OF NATIONAL
POLLUTANT
DISCHARGE ELIMINATION SYSTEM
1-14.
Complainant realleges and incorporates by
reference Paragraphs
1 through 14 of Count
I as Paragraphs
1
through 14 of this Count
III.
15.
Section 12(f)
of the Act, 415 ILCS 5/12(f) (2002),
provides as follows’:’
No person shall:
*
*
*
(f)
Cause, threaten or allow the discharge of any
contaminant
into
the
waters
of the State,
as
defined
herein,
including
but
not
limited
to,
waters to any sewage works,
or into any well or
from
any
point
source
within
the
State,
without
an
NPDES permit for point source discharges issued by
the Agency under Section 39(b)
of
this
Act,
or
in
violation of any term or condition imposed by such
permit, or in violation of any NPDES permit filing
requirement established under Section 39(b), or in
violation of any regulations adopted by the Board
or of any order adopted by the Board with respect
to the NPDES program.
16.
By causing or allowing the discharge of a contaminant
into the waters of the State,
Heritage violated Section 12(f)
of
the Act, 415 ILCS 5/12 (f) (2002)
.
17.
Section 309.102(a)
of the Board Water Pollution
regulations,
35
Ill.’ Adm. Code 309.102(a),’ provides as follows:
7
(a)
Except
as
in
compliance
with the provisions of the
Act, Board regulations,
and the CWA,
and the
-
provisions and conditions of the NPDES permit
issued to the discharger,
the discharge of any
contaminant
or
pollutant
by
any
person into the
waters of the State from a point source or into a
well
shall
be
unlawful.
18.
By discharging a contaminant into the waters of the
State of Illinois, Heritage
is in violation of Section 12(f)
of
the Act, 415 ILCS 5/12(f) (2002),
and Section 309.102(a)
of the
Board Water Pollution regulations,
35
Ill. Adm. Code 309.102(a).
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully requests that the Board enter’ an order against
Respondent, HERITAGE FS,
INC.
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
‘
Find that Respondent has violated Section 12(f)
of the
Act,’ 415 ILCS 5/12(f) (2002), and Section 309.102(a)
of the Board
Water Pollution regulations,
35
Ill. Adm. Code 309.102(a);
•
3.
Order Respondent to cease and desist from any further
violations of Section 12(f)
of the Act and Section 309.102(a)’ of’
the
Board
Water
Pollution
regulations;
•
4.
Assess against Respondent a civil penalty of’ Ten
Thousand Dollars’ ($10,000.00) per day of violation;
5.
‘Order Respondent to pay all costs, pursuant to Section
42 (f)
of the Act, 415 ILCS 5/42 (f) (2002),
including attorney,
8
-
-
expert
witness
and
consultant
fees
expended
by
the
State
in
its
pursuit
of
this
action;
and
-
6.
Grant such other relief as the Board deems appropriate
and just.
COUNT
IV
OFFENSIVE CONDITIONS
1-15.
Complainant realleges and incorporates by
reference Paragraphs
1 through 15 of Count
I as Paragraphs
1
through 15 of this Count
IV.
-
16.
Section 302.203 of the Illinois Pollution Control Board
(“Board”) Water Pollution regulations,’35
Ill.
Adtn.
Code 302.203,
provides as follows:
Waters of the State shall be free from sludge or bottom
deposits, floating debris, visible oil,
odor,
plant or
algal growth,
color or turbidity of other than natural
origin...
•
17.
Section 304.105 of the Board Water Pollution
regulations,
35
Ill. Adm. Code 304.105, provides as follows:
In addition to the other requirements of this Part, no
effluent shall,
alone
‘or in combination with other
sources, cause a violation of any applicable water
quality standard...
•
‘
18.
On July
9,
2003,
Heritage caused or allowed
approximately 540 gallons of diesel
fuel to flow across the
ground’ and be discharged into waters of the State.
This
discharge caused the surface of the receiving watersto take on a
9
visible oil sheen.
19.
By causing or allowing the discharge of effluent that
resulted
in
a
violation
of the water quality standard found in
Section 302.203,
35
Ill. Adm. Code 302.203, the Respondent’
violated Section 304.105,
35
Ill. Adm. Code 304.105.
-
‘20.
By
violating
Sections
302.203
and
304.105
of
the
Board
Water Pollution regulations,
Respondent is also in violation of
Section 12(a)
of the ‘Act,
415 ILCS 5/12(a) (2002).
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
• respectfully
requests
that
the
Board
enter
an
order
against
Respondent, HERITAGE FS,
INC.
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
•
‘
2.
Find that Respondent has violated Section 12(a)
of ‘the
Act,
.415 ILCS 5/12(a) (2002),
and Sections 302.203 and 304.105 of
the Board Water Pollution regulations,
35
Ill. Adm. Code 302.203
and 304.105;
3.
,
Order Respondent to cease and desist from any ‘further
violations of Section 12(a)
of the Act and Sections 302.203 and
304.105 of the Board Water Pollution regulations;
4.
Assess against Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional civil penalty of Ten
10
-
•
,,
Thousand
Dollars
($10,000.00)
for
each
day
each
violations
occurred;
•
5.
Order Respondent to pay all
costs,
pursuant
to
Section
42(f)
of
the
Act,
415
ILCS
5/42(f)
(2002),
including
attorney,
expert witness and consultant fees expended by the State in its
pursuit
of
this
action;
and
6.
Grant
such,
Other
relief
as
the
Board
deems
appropriate
and
just.
,
‘
•
‘
COUNTV
,
‘
OFFENSIVE DISCHARGES
1-15.’
,
Complainant
realleges’
and
incorporates
by
reference
Paragraphs
1
through
lSof
Count
I
as
Paragraphs
1
through
15
of
this
Count’
V.
16..
Section
304.106
of
the
Board
Water
Pollution
regulations,
35
Ill.
Adm.
Code’304.106,
provides
as
follows:
In addition to the other requirements of this Part,
no
effluent
shall
contain
settleable
solids,
floating
debris,
visible
oil,
grease,
scum
or
sludge
solids.
Color,
odor
and
turbidity
must
be
reduced
to
below
obvious levels.
‘
‘
17,
•
On
July
9,
2003,
Heritage
caused
or
allowed
approximately 540 gallons of diesel fuel to flow across the
ground and be discharged into waters of the State.
This
discharge contained visible oil in violation of Section 304.106
of the Board Water Pollution regulations,
35
Ill. Adm. Code
11
-
•
304.106.
‘
‘
‘
18.
By
violating
Section
304.106
of
the
Board
Water
Pollution regulations, Respondent
is also in violation of Section
‘12(a)
of the Act, 415 ILCS 5/12 (a) (2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
•
respectfully requests that the Board enter an order against
Respondent,
HERITAGE FS,
INC.
for the following relief:
‘
‘
•
‘
1.
Authorize a hearing in this matter at which time
•
Respondent willbe required to answer the allegations herein;
2.
Find that Respondent has violated Section 12(a)
of the
Act,
415 ILCS 5/12(a) (2002), and Section 304.106 of the Board
Water Pollution regulations,
35
Ill. Adm. Code 304.106;
3.
Order Respondent to cease and desist from any further
violations of Section 12(a)
of the Act and Section 304.106 of the
Board
Water
Pollution
regulations;
4;
Assess.against
Respondent
a
civil
penalty
of
Fifty
‘
Thousand Dollars
($50,000.00)
for each violation of’ the Act and
Board regulations, and an additional civil penalty of Ten
‘
Thousand Dollars
($10,000.00)
for each day each violations
“
occurred,
5
Order Respondent to pay all costs,
pursuant to Section
42(f)
of the Act, 415 ILCS 5/42(f) (2002),, including attorney,
,
‘
expert witness and consultant fees expended by the State in its
12
pursuit
of
this
action;
and
-
6.
Grant ‘such other relief as the Board deems appropriate
and
just.
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ex rel.
LISA
MADIGAN,
Attorney
General of the State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/
•
•
•
‘
Asbestos Litigation Division
By: ~
~
•
Environmenta
ureau
•
Assistant Attorney General
Of’ Counsel:
Jennifer
A.
Tomas
•Assistant
Attorney
General
Environmental
Bureau
188
West
Randolph
Street,
Suite
2001
Chicago,
Illinois 60601
(312)
814-0609
13
CERTIFICATE OF SERVICE
I,
JENNIFER
A.
TOMAS,
an
Assistant
Attorney
General,
certify
that
on
the
23~ day
of
June
2004,
I
caused
to
be
served
by
First
Class
Mail
the
foregoing
Complaint
to
the
parties
named
on
the
• attached
service
list,
by
depositing
same
in
postage
prepaid
envelop~swith
the
United
States
Postal
Service
located
at
100
West
Randolph
Street,
Chicago,
Illinois
60601.
Y~
FERJA.
TOMAS

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