s~.
12005
OFFICE
OF THE ATTORNEY GENERAL
STATE OF
ILLINOIS
Lisa Madigan
kIlORNEY
GENERAL
November 17,
2005
PC.Cb
Q(.
-
The Honorable
Dorothy
Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
Re:
People
v.
Fulford Construction,
Inc.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the original
and
ten copies
of a
Notice
of
Filing,
Entry
of
Appearance and
Complaint
in regard
to the above-captioned matter.
Please file the originals and
return file-stamped
copies
to me
in the enclosed,
self-addressed envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
fL.
Homan
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
500 South
Second
Street, Springfield, Illinois
62706
•
(217)
782-1090
•
‘FTY: (217) 785-2771
•
Fax:
(217) 782-7046
100 Wcst Randolph
Street, Chicago,
Illinois
60601
•
(322)
814-3000
•
‘ITY:
(312) 814-3374
•
Fax: (312) 814-3806
100!
East Main,
Carhondale,
Illinois
62901
•
(618) 529-6400
•
‘FLY:
(618) 529-6403
•
Fax:
(618) 529-6416
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF
)
ILLINOIS,
)
No~2
Complainant,
)
PO//
.&op
vs.
)
PCBNo.
?C130(rC6’b
~
(Enforcement)
‘
FULFORD CONSTRUCTION, INC.,
an Illinois corporation,
Respondent.
NOTICE OF FILING
To:
Fulford
Construction,
Inc.
do
Norbert GlassI
Kasten
Green
Glassl & Welch, LLP
784 WaIl
Street
O’Fallen,
IL 62269
PLEASE TAKE
NOTICE that
on
this
date
I
mailed
for filing with
the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is
attached
hereto
and
herewith
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
this 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.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act, 20
ILCS
3515/1
(2004), to
correct the pollution alleged
in
the Complaint filed
in this
case.
Respectfully
submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA
MADIGAN,
Attorney General of the
State of
Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigatioo
Oi)v,J~ion
/
BY~
:/‘/
F
~“
cYL
HOMAN
Assistant Attorney General
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: November
17,
2005
2
CERTIFICATE OF SERVICE
I hereby certify
that
I did
on
November
17,
2005,
send
by certified
mail, with
postage
thereon
fully
prepaid,
by
depositing
in
a
United
States
Post
Office
Box a true and correct copy
of the following
instruments
entitled
NOTICE OF
FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Fulford
Construction,
Inc.
c/o Norbert
GIassI
Kasten
Green
GlassI
& Welch,
LLP
784 Wall
Street
O’FaIlen,
IL 62269
and
the original and
ten copies by
First Class
Mail with
postage thereon fully prepaid
of
the
same
foregoing
instrument(s):
To:
Dorothy Gunn,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
~1’
i’-
H
b~.
L.
HOMAN
tv’
Assistant Attorney General
This filing is submitted on
recycled paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF
)
ILLINOIS,
)
N~1,
OPP/cet
Complainant,
)
Pt~Itqie
Ut,0,,
vs.
)
PCB
No.
~(,
—~
(Enforcement)
FULFORD
CONSTRUCTION, INC.,
an Illinois corporation,
Respondent.
ENTRY OF APPEARANCE
On
behalf
of
the Complainant,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
J.
L-
HOMAN,
Assistant Attorney General
of
the
State
of
Illinois,
hereby enters
her appearance
as attorney of
record.
Respectfully
submitted,
PEOPLE
OF THE STATE
OF ILLINOIS,
LISA MADIGAN
Attorney General
of the
State
of
Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
BY:
l~it$ion~s!on
J.
L: HOMAN
Environmental
Bureau
‘~Assistant
Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 17, 2005
BEFORE
THE
ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE OF
ILLINOIS,
)
Complainant,
v.
)
PCBNO.
(Enforcement)
FULFORD CONSTRUCTION
INC., an
Illinois corporation,
)
Respondent.
COMPLAINT
Complainant, PEOPLE
OF THE
STATE OF
ILLINOIS,
by LISA MADIGAN,
Attorney General of the
State of Illinois, complains
of
Respondent,
FULFORD
CONSTRUCTION, as follows:
COUNT
I
NPDES
PERMIT VIOLATIONS
1.
This Complaint
is brought by the Attorney General 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
(2004).
2.
The
Illinois EPA
is an
agency of the State of Illinois
created
by the Illinois
General Assembly
in
Section
4 of the Act,
415
ILCS 5/4 (2004),
and charged,
inter a/ia,
1
with the duty of
enforcing the Act
in proceedings
before
the Illinois Pollution Control
Board
(“Board”).
3.
This Complaint
is brought pursuant to
Section
31
of the Act, 415
ILCS
5/31
(2004), after providing the Respondent with notice
and
the opportunity for a
meeting with the Illinois
EPA.
4.
Respondent,
Fulford
Construction,
Inc.,
is
an
Illinois corporation
in
good
standing
and
authorized
to
do business
in the State
of
Illinois.
Its president
and
registered agent
is Mark T.
Fulford, Fulford
Construction Inc., 775 Sunset Boulevard.
Suite
A, O’Fallon,
St.
Clair County, Illinois
62269.
5.
The Defendant
is the developer of Woodfield
Estates Subdivision
(“Site”),
a residential
subdivision consisting of twenty-seven
(27) single-family
lots.
Woodfield
Estates
Subdivision
is located near the Village
of Shiloh,
St.
Clair County,
Illinois.
6.
Section 3.550 of the Act, 415
ILCS 5/3.550, provides:
“Waters” means
all
accumulations of water, surface
and
underground, natural,
and
artificial,
public
and
private,
or
parts thereof, which
are wholly or partially within,
flow
through,
or border upon this State.
7.
Section
12 of the Act, 415
ILCS 5/12(2004)
provides, in pertinent part,
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
2
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.
*
*
*
8.
Section 3.165
of the Act, 415
ILCS 5/3.165
(2004) provides:
“Contaminant” is any
solid,
liquid, or gaseous matter, any odor, or any
form of energy,
from
whatever source.
9.
Section 3.545 of the Act, 415
ILCS
5/3.545 (2004) provides:
“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.
10.
Section 309.102(a)
of the Board’s Water
Pollution Regulations,
35
III.
Adm.
Code 309.102(a),
requires
an NPDES permit:
Except as
in compliance with the provisions of the
Act,
Board
regulations,
and
the CWA Clean
Water Act,
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.
11.
On
June
10,
1999,
the
Illinois
EPA inspected
the site
and
observed
that the
homes
on
site had
single
family aeration
units
as
a method of
handling
home wastewater.
A
single
family
aeration
unit
is a wastewater treatment system
designed
as
an
alternative to
a
septic system for
a single family residence.
In
such a system,
domestic wastewater is generally
3
treated by an
extended aeration
process
and
filtering
of the resulting
effluent.
While on
site the
inspectors observed
that the Respondent had
installed
connections from
some of the single
family
lots’ aeration
units to a
storm sewer
system.
The storm
sewer system ultimately
discharges into an
unnamed
drainage ditch on the
property.
12.
While on site,
the
Illinois EPA
observed
the discharge
from
the home aeration
units to
the storm sewer catchbasins.
The discharge was
noted
to have
a
distinct
hydrogen
sulfide scent.
13.
Upon subsequent
record
review, the Illinois
EPA determined
that the
Respondent
had not obtained
a NPDES permit prior to
the installation of the storm
sewer system on site.
14.
Since
at least June
10,
1999, the Respondent
has introduced
contaminants into the storm
sewer
system and
from
there into the unnamed drainage
ditch at the
rear of the
property.
15.
Section
12(f) of the Act, 415 ILCS 5/12(f) (2004) provides that no person
shall cause, threaten, or allow the
discharge of any contaminant into the waters of the
State without
an
NPDES permit for point
source
discharges issued by the
Illinois
EPA.
16.
By causing or allowing or threatening
the
discharge of contaminants into
waters of the
State without
an
NPDES permit,
the
Defendants
have violated Section
12(f) of the Act,
415 ILCS 5/12(f)(2004), and
Section 309.102(a) of the
Board’s Water
Pollution
Regulations,
35
III. Adm. Code
309.102(a)(2004).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the
PEOPLE
OF THE
STATE OF
ILLINOIS,
respectfully request that the
Board enter an order against the
Respondent,
4
A.
Authorizing
a
hearing
in
this matter at which time the
Respondent
will
be
required to answer the
allegations
herein;
B.
Finding that Respondent
has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent
to cease and desist from
any further violations of
the Act and associated
regulations;
D.
Assessing against Respondent
a
civil penalty of fifty thousand dollars
($50,000) for each
violation of the Act,
and an additional
penalty of ten
thousand
dollars
($10,000) for each day during
which each violation has continued thereafter;
E.
Awarding to
Complainant its costs
and reasonable attorney’s
fees;
and
F.
Granting such other relief as the
Board
may deem appropriate.
COUNT
II
CONSTRUCTION
PERMIT VIOLATIONS
1-14.
Plaintiff realleges and
incorporates herein
by reference
paragraphs 1-14
of Count
I
as paragraphs
1
through
14 of this Count
II.
15.
Section 12(b) of the Act, 415 ILCS 5/12(b)(2004),
provides
as follows:
No person shall:
*
*
(b) Construct,
install, or operate any equipment,
facility, vessel, or aircraft capable of causing or
contributing to water pollution,
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.
*
*
*
16.
Section 309.202 of the
Board’s
regulations,
35
III.
Adm. Code
Section
S
309.202,
provides:
Except for treatment works or wastewater sources which
have
or will
have discharges for which NPDES Permits are required,
and for which NPDES
Permits
have been issued by the Agency:
a) No person shall cause or allow the construction
of any 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, except
as provided in
paragraph
(b).
17.
While on site during
the June
10,
1999
inspection,
Illinois
EPA inspectors
observed that the Defendant had
installed connections from
some of the
single family
lots’ aeration units to a
storm sewer system.
18.
Upon
subsequent
record review,
the
Illinois
EPA determined that the
Defendant had failed
to obtain
a construction
permit
prior to connecting the
individual
family aeration units to the storm sewer system.
19.
By failing to obtain
a construction
permit from the
Illinois
EPA
prior to
connecting the
individual aeration units to the storm
sewer system, the
Defendant has
violated
Section 12(b) of the Act, 415 ILCSA 5/12(b)(2004) and Section
309.202(a) of
the Board’s Water Pollution Regulations,
35
III.
Adm. Code
309.202(a).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the
PEOPLE
OF
THE STATE OF
ILLINOIS,
respectfully request that the
Board
enter an order against the
Respondent,
A.
Authorizing
a hearing
in
this matter at which time the
Respondent will
be
required to answer the
allegations
herein;
B.
Finding that Respondent
has violated the Act and
regulations
as alleged
herein;
6
C.
Ordering Respondent
to cease and desist from
any further violations of
the Act and associated
regulations;
D.
Assessing against Respondent
a
civil penalty of fifty thousand dollars
($50,000) for each
violation of the Act,
and
an additional penalty of ten
thousand dollars
($10,000) for each day during
which
each violation has continued thereafter;
E.
Awarding
to Complainant its
costs and reasonable attorney’s fees;
and
F.
Granting
such other relief as the
Board
may deem
appropriate.
PEOPLE
OF THE
STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:______________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
Of Counsel
J.
Homan
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
21 7/782-9031
Dated:
November
15,
2005
7
