BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
Complainant,
)
-
vs
-
)
PCB No.
06-
1
(Enforcement
-
Water)
FIRST COUNTRY HOMES, L.L.C., an
Illinois limited liability company,
)
)
Respondent.
NOTICE OF FILING
TO: See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, a copy of which is
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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental facilities financing act [20 ILCS 351511
et
seq.]
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the State of Illinois
BY:
DATE: May 16,2006
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, Illinois 60601
312-814-151
1
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
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CERTIFICATE OF
SERVICE
I, PAULA
BECKER WHEELER,
an attorney, do certify that I
caused to be served this 16th day of May,
2006,
the foregoing
Complaint and
Notice of Filing upon the persons listed on said
Notice, by Certified Mail and
U.S.
MAIL.
Assistant Attorney General
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SERVICE LIST
Attorney for Respondent
~
r
.
Thomas G.
Gardiner
Gardiner Koch
&
Weisberg
53 West Jackson Blvd.
Suite 959
Chicago,
IL
60604-3849
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
VS
.
No. PCB
(Enforcement
-
Water)
FIRST COUNTRY HOMES, L.L.C., an
Illinois limited liability company,)
)
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
'
MADIGAN,
Attorney General of the State of Illinois, complains of'
Respondent, FIRST COUNTRY HOMES, L.L.C., an Illinois limited
liability company, as follows:
COUNT I
FAILURE TO OBTAIN A CONSTRUCTION PERMIT
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
.EPAM),
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 administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
ILCS
5/4
(2004), and charged, inter
alia, with the duty of
enforcing the Act. The Illinois EPA is further charged with the
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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,
First Country Homes, L.L.C., ("First Country") was and is an
Illinois limited liability company in good standing, located at
25640 Jasmine Lane, Monee, Will County, Illinois.
4.
At all times relevant to this Complaint, First Country
was the owner and developer of approximately 30 vacant
residential lots, located in Section 22, Township 34 North, Range
13 East, in Monee, Will County, Illinois, known as Country
Meadows
-
Phase 8 ("Site")
.
5.
On or before November 10, 2004, or a time better known
to the Respondent, Respondent began construction activities on
the Site for the development of Country Meadows
-
Phase 8, by
clearing large areas of land of all vegetation and creating
substantial piles of dirt.
6.
On November 10, 2004, Respondent submitted a sewer
construction permit application to the Illinois EPA for the Site.
7.
On December 1, 2004, the Illinois EPA rejected the
sewer construction permit application as incomplete. Among other
deficiencies, the application was lacking all the required
signatures and the permit fee had not been paid.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
8. On December 1, 2004, the Respondent submitted another
sewer construction permit application which was also denied
because of the lack 'of required signatures.
9.
On December 28, 2004, Respondent had completed
substantial earthwork at the Site .and sanitary sewers had been
installed. Approximately 20 of the 30 home sites had been sold
by the end of December 2004.
10. On June 8, 2005, the Illinois EPA issued an as-built
and operating permit to the Village of Monee as operator for the
sewer lines already in place, with hookups completed by the
Defendant to the approximately 28 homes that had already been
built.
11. Section 12 of the Act, 415 ILCS
5/12(2004), provides,
in pertinent part, 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
pollutio'n 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.
b)
Construct, install, or operate any equipment,
facility, vessel, or aircraft 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.
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12.
Respondent's ownership and development of the Site is
subject to the Act and the Rules and Regulations promulgated by
the Illinois Pollution Control Board ("Board"). The Board's
regulations for Water Pollution are found in Title 35, Subtitle
C, Chapter I, of the Illinois Administrative Code ("Board
Regulations for Water Pollution").
13. Section
309.202(a) of the Board Regulations for Water
Pollution, 35
Ill. Adm. Code
309.202(a), provides as follows:
Construction Permits
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).
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, association, joint stock company, trust,
estate, political subdivision, state agency or any
other legal entity, or their legal representative,
agent or assigns.
15. Respondent, First Country Homes, L.L.C., is a "person"
as that term is defined in Section 3.315 of the Act, 415 ILCS
16. From at least December 28, 2004, or at a time better
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known,to
Respondent and continuing until June 8, 2005, when an
as-built permit was issued, Respondent constructed a new sewer
without a construction permit.
17. By failing to obtain a sewer construction permit prior
to construction, .Respondent violated Section
309.202(a) of 35
Ill. Adm. Code, thereby violating Sections 12
(a) and
(b) of the
Act, 415 ILCS 5/12 (a), and 12
(b) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, FIRST COUNTRY HOMES, L.L.C., an Illinois limited
liability company, on this Count I:
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(a)
and 12 (b) of the Act, 415 ILCS
5/12(a), 12
(b)
(2004), and Section
309.202(a) of the Board Regulations for Water Pollution, 35
Ill.
Adm. Code
309.202
(a)
;
3.
Ordering the Respondent to cease and desist from any
further violations of Section
12(a) and
12(b) of the Act, 415
ILCS 5/12 (a)
,
12
(b)
(2004)
,
and Section
309.202
(a) of the Board
Regulations for Water Pollution, 35
Ill. Adm. Code 309.202
(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against Respondent for each violation of Section
12(a) of the Act, and an additional penalty of Ten Thousand
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Dollars ($10,000.00) per day for each day of each violation;
5.
Ordering Respondent to pay all costs, pursuant to
Section
42(f) of the Act, including attorney, expert witnesses
and consultant
Eees expended by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT
I1
FAILURE TO OBTAIN AN NPDES PERMIT
1-15.
Complainant realleges and incorporates by reference
herein paragraphs 1 through 15 of Count I as paragraphs 1 through
15 of this Count
11.
16.
Section 12
(f) of the Act, 415 ILCS
5/12
(f)
(2OO4),
provides as follows:
No person shall:
Cause, threaten, or allow the discharge of any
contaminant into the waters of the State, as
defined herein, including but not limited to, any
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 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.
17. Section
309.102(a) of the Board Water Pollution
regulations, 35
Ill. Adm. Code
309.102(a), provides as follows:
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
NPDES Permit Required
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. Storm waters'
from the Site discharge into the storm
sewer system on the site and then into the storm sewers of the
Village of Monee.
19. 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.
20. The storm sewer system of the Village of Monee is a
"water" of the State of Illinois as
that.term is defined in
Section 3.550 of the Act, 415 ILCS
5/3.550 (2004).
21. 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.
22. Silt-laden storm water is a contaminant as that term is
defined in Section 3.165 of the Act, 415 ILCS
5/3.165 (2004).
23.
From November 10, 2004, or at a time better known to
Respondent, and continuing until January 3, 2005, Respondent
threatened the discharge of contaminants from its Site to the
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storm water sewer system of the Village of Monee without first
obtaining a general NPDES storm water permit.
24. By threatening to allow storm water discharges from its
construction Site without first obtaining coverage under a
general NPDES storm water permit, Respondent violated Section
12
(f) of the Act, 415 ILCS 5/12
(f)
(2004) and 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, FIRST COUNTRY HOMES,
L.L;C., on this Count
11:
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) and 35
Ill. Adm. Code
309.102
(a)
;
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) and 35
Ill. Adm. Code
309.102
(a)
;
4.
Assessing against the Respondent a civil penalty of
Ten Thousand Dollars ($10,000.00) per day for each day of each
violation;
5.
Ordering Respondent to pay all costs, pursuant to
Section
42(f) of the Act, including attorney, expert witnesses
and consultant fees expended by the State in its pursuit of this
action; and
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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.
DUNN,
Chief'
Environmental
Enforcement/~sbestos
Assistant Attorney
m
a
1
OF
COUNSEL
:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188
West Randolph Street,
2oth
Floor
Chicago, Illinois
60601
(312)
814- 1511
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
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