ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY 2, 2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General )
of the State of Illinois,
)
Complainant,
)
v .
)
PCB No
.
MATRIX NATIONAL INVESTMENT
)
(Enforcement - Water)
CORP, an Illinois corporation,
)
Respondent
.
)
NOTICE OF FILING
TO
:
Matrix National Investment Corp
c/o Rick Hochman, Registered Agent
379 W. Wachter
Galena, Illinois 61036
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today, May 2, 2006, I have filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy of which is attached and hereby served upon you
.
Pursuant to 35 Ill. Adm. Code 103.204(f), I am required to state that 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
.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental Facilities Financing Act (20 ILCS 3515/1
et seq.)
to correct the alleged pollution
.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
t
Date: May 2, 2006
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PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY
:
T'
STE
EN J. SY VESTER
Assistant Attorney General
Environmental Bureau
188 West Randolph St., Suite 2001
Chicago, Illinois 60601
(312) 814-2087
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 2, 2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN, Attorney
General of the State of Illinois,
Complainant,
v
.
)
PCB No
.
MATRIX NATIONAL INVESTMENT CORP,
an Illinois corporation,
(Enforcement - Water)
Respondent
.
COMPLAINT
Complainant, 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, complains of Respondent, MATRIX NATIONAL
INVESTMENT CORP, an Illinois corporation, as follows
:
COUNT I
WATER POLLUTION
1
.
This Count 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 Section 31 of the Illinois Environmental Protection
Act
("Act")
; 415 ILCS 5/31 (2004)
.
2
.
The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
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ILCS 5/4
(2004), and charged,
inter alia, with the duty of
enforcing the Act . The Illinois EPA is further charged with the
duty to abate violations of the National Pollutant Discharge
Elimination System ("NPDES") permit program under the Federal
Clean Water Act ("CWA"),
33 U .S .C. ยง 1342(b)(7) (2004)
.
3
.
At all times relevant to this Complaint, Respondent,
Matrix National Investment Corp ("Matrix"), was and is an
Illinois corporation in good standing
.
4
.
At all times relevant to this Complaint, Matrix is and
was a company that owns and is developing a residential
subdivision known as Cobblestone Crossing, located in Section
12, Township 28 North, Range 1 West on Oldenburg Road in the
northwestern portion of the City of Galena, Jo Daviess County,
Illinois ("Site")
.
5
.
The Site is an approximately thirty-four (34) acre
mixed-use development comprised of twelve (12) single family
homes, thirty-two (32) multi-family dwellings and one commercial
building
.
6
.
Stormwater run-off from the Site flows south through a
storm sewer system and a separate culvert directly into an
unnamed creek on the southern portion of the Site ("southern
creek"), which flows to a detention pond on the eastern portion
of the Site. Stormwater run-off from the Site also flows north
into an unnamed creek on the northern portion of the Site
2
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("northern creek"),
which bypasses the detention pond and leads
to the Hughlett Branch of the Galena River
.
7. On January 13, 2005, there was disturbed and piled
soil without erosion controls along the curbs of Cobblestone
Boulevard running through the Site. Also, mud and dirt were
present on the surface of Cobblestone Boulevard
.
8
.
Also on January 13, 2005, a storm water drain
alongside the curb on Cobblestone Boulevard, which also had
disturbed soil along the curb, was unprotected with mud clods on
top of its grate . The storm sewer led directly to and
discharged into the adjacent southern creek at the Site. Straw
had been placed at the discharge pipe, but water had undercut
the straw bale leaving the discharge area unprotected, and there
were no erosion controls in place along the southern creek in
that area
.
9
.
On January 13, 2005, a culvert running under
Cobblestone Boulevard allowed for drainage from the north,
northwest, northeast, west and east to discharge to the southern
creek. The upstream end of the culvert was unprotected with
large piles of soil and rock alongside and a few rocks in the
drain pipe
.
10 . On January 13, 2005, on the western and northwestern
portions of the Site, off of Country View Court, there were
disturbed soils without any erosion controls in place
.
3
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11
.
On November 16, 2005, there were improperly installed
and/or poorly maintained sediment controls in place, including
silt fencing along the northern curb of Cobblestone Boulevard,
along the southern creek, and along the northwestern side of the
Site down slope from the cul-de-sac . Also, along the slope east
and west of"Country View Court, the silt fencing in place there
had sediment nearly to the top of the fencing
.
12 . On February 28, 2006, along the north side of the
Site, the silt fencing there was in need of maintenance in some
areas. The area east of Country View Court, which was not under
construction, had disturbed ground and piles of soil as a result
of previous work, and there were disturbed ground and soil piles
on the northern portion of the Site . The disturbed ground and
piles of soil were not protected by erosion controls
.
13 . Section 12(a) of the Act, 415 ILCS 5/12(a)(2004),
provides as follows
:
No person shall
:
a
.
Cause or threaten or allow the discharge of any
contaminant 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 so as to violate regulations or standards
adopted by the Pollution Control Board under this Act
.
14 . Section 3 .315 of the Act, 415 ILCS 5/3 .315 (2004),
provides the following definition
:
"PERSON" is any individual, partnership, co-partnership,
firm, company, limited liability company, corporation,
4
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association,
joint stock company,
trust,
estate,
political
subdivision,
state agency or any other legal entity, or
their legal representative, agent or assigns
.
15 . Respondent Matrix, a corporation, is a "person" as
that term is defined in Section 3 .315 of the Act, 415 ILCS
5/3 .315 (2004)
.
16. Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004),
provides the following definition
:
"CONTAMINANT" is any solid, liquid or gaseous matter, any
odor or any form of energy, from whatever source
.
17 . Soil and silt are "contaminants" as that term is
defined in Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004)
.
18 . Section 3 .550 of the Act, 415 ILCS 5/3 .550 (2004),
contains 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
partially within, flow through, or border upon this
State
.
19. The southern and northern creeks are "waters" of the
State of Illinois as that term is defined in Section 3 .550 of
the Act, 415 ILCS 5/3 .550 (2004)
.
20. Section 3 .545 of the Act, 415 ILCS 5/3 .545 (2002),
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 of render such waters harmful
or detrimental or injurious to public health, safety or
5
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welfare,
or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate uses, or to
livestock, wild animals, birds, fish or other aquatic life
.
21 . The lack of adequate erosion control measures at the
Site caused, threatened or allowed excessive silt and soil
erosion from construction site activities to discharge into the
southern and northern creeks . Such silt and soil, altered, or
threatened to alter, the physical, thermal, chemical, or
radioactive properties of the southern and northern creeks
;
rendered, or were likely to render, them harmful, detrimental or
injurious to wild animals, birds, fish, and other aquatic life
;
or created, or were likely to create, a nuisance
.
22 . From at least November, 2004 through at least November
16, 2005, on dates better known to Respondent, Respondent
utilized inadequate erosion control measures at the Site, which
caused, threatened, or allowed silt-laden stormwater runoff into
the southern and northern creeks . By its actions and omissions,
Respondent Matrix caused, threatened, or allowed water
pollution, and thereby violated Section 12(a) of the Act, 415
ILCS 5/12(a) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, MATRIX NATIONAL INVESTMENT CORP on this Count I
:
1
.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
6
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2
.
Finding that Respondent
has violated Section
12(a)
of
the Act,
415 ILCS 5/12(a)
(2004)
;
3
.
Ordering
the Respondent
to cease and desist from any
further violations of Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004)
;
4
.
Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000 .00) for each and every violation of
the Act, with an additional penalty of Ten Thousand Dollars
($10,000.00) for each day of violation ;
5
.
Ordering Respondent to pay all costs, pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), including
attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action ; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT II
CREATING A WATER POLLUTION HAZARD
1-20. Complainant realleges and incorporates by reference
herein paragraphs 1 through 12 and paragraphs 14 through 21 of
Count I as paragraphs 1 through 20 of this Count II
.
21. Section 12(d) of the Act, 415 ILCS 5/12(d) (2004),
provides as follows
:
No person shall
:
d
.
Deposit any contaminant upon the land in such
place and manner as to create a water pollution
7
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hazard .
22 . From at least January
13,
2005 through at least March
20,
2005,
on dates better known to Respondent, Respondent
excavated and disturbed soil near waterways,
including the
southern and northern creeks
at
the Site without adequate
erosion control structures in place and allowed sediment runoff
to impact the southern and northern creeks at the Site
.
23 . Respondent, Matrix, by its actions alleged herein,
deposited contaminants onto the'land so as to create a create a
water pollution hazard in violation of Section 12(d) of the Act,
415 ILCS 5/12(d) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, MATRIX NATIONAL INVESTMENT CORP on this Count II
:
1
.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
2
.
Finding that Respondent has violated Section 12(d) of
the Act, 415 ILCS 5/12(d) (2004)
;
3
.
Ordering the Respondent to cease and desist from any
further violations of Section 12(d) of the Act, 415 ILCS 5/12(d)
(2004)
;
4
.
Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000 .00) for each and every violation of
the Act, with an additional penalty of Ten Thousand Dollars
8
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($10,000 .00)
for each day of violation
;
5
.
Ordering Respondent to pay all costs, pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), including
attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT III
NPDES PERMIT VIOLATIONS
1-19. Complainant realleges and incorporates by reference
herein paragraphs 1 through 12 and paragraphs 14 through 20 of
Count I as paragraphs 1 through 19 of this Count III
.
20 . Section 12(f) of the Act, 415 ILCS 5/12(f) (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 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 .
9
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21
.
The Illinois EPA issued to Matrix General NPDES Permit
No
.
ILR108050 for Storm Water Discharges from Construction Site
Activities for Cobblestone Crossing Subdivision ("NPDES Permit
No. ILR108050") . NPDES Permit No . ILR108050 became effective on
or about April 21, 2003 and remains in effect as of the date of
the filing of this Complaint
.
22 . Part IV. of NPDES Permit No. ILR108050, entitled,
Storm Water Pollution Prevention Plans, provides, n pertinent
part, as follows
:
IV. A storm water pollution prevention plan shall be
developed for each construction site covered by this
permit
.
.
.
.
The plan shall identify potential
sources of pollution which may reasonably be
expected to affect the quality of storm water
discharges associated with construction site activity
from the facility . In addition, the plan shall
describe and ensure the implementation of practices
which will be used to reduce the pollutants in storm
water discharges associated with construction site
activity and to assure compliance with the terms and
conditions of this permit . Facilities must implement
the provisions of the storm water pollution
prevention plan required under this part as a
condition of this permit
.
23 . Part IV.B of NPDES Permit No . ILR108050, entitled,
Signature, Plan Review and Notification, provides, in pertinent
part, as follows
:
B
.
Signature, Plan Review and Notification
.
1
.
The plan shall be signed in accordance with
Part VI .G (Signatory Requirements), and be
retained on-site at the facility which
generates the storm water discharge in
accordance with Part VI .E (Duty to Provide
10
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Information) of this permit
.
*
24
.
Part
IV .C of NPDES Permit No
.
ILR10B050,
entitled,
Keeping Plans Current, provides,
in pertinent part, as follows
:
C
.
Keeping Plans Current
.
The permittee shall amend the plan whenever there
is a change in design, construction, operation,
or maintenance, which has a significant effect on
the potential for the discharge of pollutants to
the Waters of the State and which has not
otherwise been addressed in the plan or if the
storm water pollution prevention plan proves to
be ineffective in eliminating or significantly
minimizing pollutants from sources identified
under paragraph D.2 below, or in otherwise
achieving the general objectives of controlling
pollutants in storm water discharges associated
with construction site activity .
25. Part IV.D.4 of NPDES Permit No . ILR108050, entitled,
Inspections, provides, in pertinent part, as follows
:
D
.
Contents of Plan: the stormwater pollution
prevention plan shall include the following
items
:
4
.
Inspections. Qualified personnel (provided by
the permittee) shall inspect disturbed areas
of the construction site that have not been
finally stabilized, structural control measures,
and locations where vehicles enter or exit the
site at least once every seven calendar days and
within 24 hours of the end of a storm that is 0 .5
inches or greater or equivalent snowfall
.
a
.
Disturbed areas and areas used for storage
of materials that are exposed to
precipitation shall be inspected for
evidence of, or the potential for,
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pollutants entering the drainage system .
Erosion and sediment control measures
identified in the plan shall be observed to
ensure that they are operating correctly
.
Where discharge locations or points are
accessible, they shall be inspected to
ascertain whether erosion control measures
are effective in preventing significant
impacts to receiving waters . Locations where
vehicles enter or exit the site shall be
inspected for evidence of offsite sediment
tracking
.
b
.
Based on the results of the inspection, the
description of potential pollutant sources
identified in the plan in accordance with
paragraph IV .D.1 (Site Description) of this
permit and pollution prevention measures
identified in the plan in accordance with
paragraph IV.D.2 (Controls) of this permit
shall be revised as appropriate as soon as
practicable after such inspection. Such
modifications shall provide for timely
implementation of any changes to the plan
within 7 calendar days following the
inspection
.
c
.
A report summarizing the scope of the
inspection, name(s) and qualifications of
personnel making the inspection, the date(s)
of the inspection, major observations
relating to the implementation of the storm
water pollution prevention plan, and actions
taken in accordance with paragraph b above
shall be made and retained as part of the
storm water pollution prevention plan for at
least three years from the date that the
permit coverage expires or is terminated
.
The report shall be signed in accordance
with Part VI .G (Signatory Requirements)
of this permit
.
d
.
The permittee shall complete and submit
within 5 days an "Incidence of
Noncompliance" (ION) report for any
violation of the storm water pollution
prevention plan observed during an
12
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inspection conducted, including those not
required by the Plan
.
Submission shall
be on
forms provided by the Agency and include
specific
information on the cause of
noncompliance,
actions which were taken to
prevent any further causes of noncompliance,
and a statement detailing any environmental
impact which may have resulted from the
noncompliance
.
e
.
All reports of noncompliance shall be signed
by a responsible authority as defined in
Part VI .G (Signatory Requirements)
.
f
.
All reports of noncompliance shall be mailed
to the Agency at the following address
:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Compliance Assurance Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
26 . From at least November, 2004, through at least March
18, 2005, on dates better known to Respondent, Respondent failed
to retain at the Site a stormwater pollution prevention plan
("SWPPP")
.
27 . By failing to retain at the Site its SWPPP, Respondent
violated Part IV .B of NPDES Permit No . ILR108050
.
28. From at least November, 2004, on a date better known
to Respondent, through at least February 2B, 2006, Respondent
failed to implement and update its SWPPP to adequately address
erosion control issues at the Site, including missing or
improperly installed silt fencing, inadequate stabilization of
disturbed soils, and sediment runoff to storm sewers, a culvert,
13
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and the southern and northern creeks
.
29
.
By failing to implement and update its SWPPP
to
adequately address erosion control issues
at
the
Site,
Respondent violated Part IV.C of NPDES Permit No
.
ILR108050
.
30
.
From at least November, 2004,
through at least
November
16,
2005, on dates better known to Respondent,
Respondent failed to conduct, and provide signed reports of, all
inspections of the Site required by Part IV .C of NPDES Permit
No. ILR108050
.
31 . By failing to conduct, and provide signed reports of,
all required site inspections, Respondent violated Part
IV .D .4 .c . of NPDES Permit No . ILR108050
.
32 . From at least November, 2004, through at least March
20, 2005, on dates better known to Respondent, Respondent failed
to submit to the Illinois EPA signed notices of noncompliance
with the SWPPP
.
33 . By failing to submit signed notices of noncompliance
to the Illinois EPA, Respondent violated Part IV .D .4 .d .,e. and
f . of NPDES Permit No . ILR108050
.
34 . By violating conditions imposed by its NPDES permit,
Respondent Matrix violated Section 12(f) of the Act, 415 ILCS
12(f) (2004)
.
14
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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, MATRIX NATIONAL INVESTMENT CORP on this Count III
:
1
.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
2
.
Finding that Respondent has violated Section 12(f) of
the Act, 415 ILCS 5/12(f) (2004)
;
3
.
Ordering the Respondent to cease and desist from any
further violations of Section 12(f) of the Act, 415 ILCS 5/12(f)
(2004)
;
4
.
Assessing against Respondent, pursuant to Section
42(b)(1) of the Act, a civil penalty of Ten Thousand Dollars
($10,000.00) for each day of violation of Section 12(f) of the
Act
;
5
.
Ordering Respondent to pay all costs, pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), including
attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action ; and
1 5
I--
6
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 2, 2006
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Granting such other relief as the Board deems
appropriate and just
.
By
:
Of Counsel
:
STEPHEN J . SYLVESTER
Assistant Attorney General
Environmental Bureau
188 W . Randolph St
.
- 20th Fl
.
Chicago, IL
60601
Tel : (312) 814-2087
Fax : (312) 814-2347
Email : ssylvester@atg .state .il .us
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
ROS :u1'IE
t
ZEA
C ief
Environmental Bureau
Assistant Attorney General
1 6
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CERTIFICATE OF SERVICE
I, Stephen J. Sylvester, an Assistant Attorney General, do certify that a true and correct
copy of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the person listed on the Notice of Filing on May 2, 2006
.
BY : ~, ( 7
STEP~tN J. S
VE R
