Lisa Madigan
A F I'S) RN EY GENE RU
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
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,
Michael D . Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
OFFICE OF THE ATTORNEY GENERAL
SPACE OE ILLINOIS
April 17, 2007
Re : People v
. Washington Trails Edge, LLC
RECEIVEDCLEFiCS
OFFICE
APR 1 9 2007
STATE OF ILLINOIS
Pollution Control Board
1001 Fast Mi.,
Carhondale, Illinois 6°901 •
(618) 529-6400 • TTY: (618) 529 6403
• Fax : (618) 529-6416
MDM/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
• (217) 782-1090
• TTY: (217) 785-2771 •
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois' 60601
• (312) 814-3000 • 71'Y
: (312) 814-3374 •
Fax . (312) 814-3806
BEFORE THE ILLINOIS
Ptne
OL BOARD
PEOPLE OF THE STATE OF
)
ApR 1 9 2007
ILLINOIS,
Complainant,
vs .
WASHINGTON TRAILS EDGE, LLC,
an Illinois limited liability company,
Respondent
.
To:
Washington Trails Edge, LLC
c/o Jane E
. Ohaver, R.A.
245 N .E. Perry
Peoria, IL 61602
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 .
j
Pollution
Control
Board
PCB No .
(Enforcement - Water)
NOTICE OF FILING
1
FURTHER,
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILLS 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
Litigation Division
MICHAEL D
. MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 17, 2007
2
CERTIFICATE OF SERVICE
I hereby certify that I did on April 17, 2007, 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 :
Washington Trails Edge, LLC
c/o Jane E . Ohaver, R .A.
245 N .E. Perry
Peoria, IL 61602
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
This filing is submitted on recycled paper .
Michael D. Mankowski
Assistant Attorney General
RECEIVED
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARDCLERit'S OFFICE
APR 1 9 2007
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs.
)
PCB No .
07"I(,
(Enforcement - Water)
WASHINGTON TRAILS EDGE, LLC,
)
an Illinois limited liability company,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE
OF ILLINOIS, MICHAEL D .
MANKOWSKI, Assistant Attorney General of the State of Illinois,
hereby enters his appearance as
attorney of record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 17, 2007
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Di ision
BY:
MICHAEL D
. MANKOWSKI
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
RECE
CLER 'S OFFICE
IVED
)
)
APR 1 9 2007
Complainant,
V.
)
STATE
pontrI
0
(Water-Enforcement)
WASHINGTON TRAILS EDGE, LLC,
)
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, WASHINGTON TRAILS EDGE, LLC,
an Illinois limited liability company, as follows
:
COUNT I
NPDES PERMIT VIOLATIONS
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 alia,
with the duty of
enforcing the Act .
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.
Washington Trails Edge, LLC
("WTE"), is an Illin)is limited liability company, in
good standing .
5 .
WTE owns a multi-section subdivision under construction called Trails Edge
Subdivision ("site") that is located west of Dallas Road in Washington, Tazewell County, Illinois
.
6 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following prohibitions
:
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
.
7 .
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 .
8 .
Section 3
.550 of the Act, 415 ILCS 5/3
.550 (2004), 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 partially
within, flow through, or border upon this State
.
9 .
Runoff from the site drains to a stormwater retention pond and into an unnamed
natural stream which eventually flows into Farm Creek, all of which are "waters" of the State as
that term is defined in Section 3
.550 of the Act, 415 ILCS 5/3
.550 (2004) .
2
10.
WTE was issued coverage under NPDES general stormwater permit number
ILR10A144 for Section 3 of Trails Edge Subdivision ("Section 3") by the Illinois EPA on March
26, 2004 .
11 .
WTE was issued coverage under NPDES general stormwater permit number
ILR10B231 for Section 5 of Trails Edge Subdivision ("Section 5") by the Illinois EPA on August
23, 2004 .
12 .
WTE was issued coverage under NPDES general stormwater permit number
ILR10F822 for Section 6 of Trails Edge Subdivision ("Section 6") by the Illinois EPA on July 12,
2006.
13 .
All three (3) NPDES general stormwater permits require WTE to develop and
implement an adequate storm water pollution prevention plan ("SWPPP") including adequate
erosion and sediment controls, inspection and maintenance of such controls, and submittal of
incidents of noncompliance ("IONs") to Illinois EPA
.
14 .
On April 12, 2005, the Illinois EPA inspected the site to evaluate WTE's
compliance with the NPDES permits
. Inadequate sediment controls were in place to prevent
soil erosion .
15
. The ground in Section 5 was entirely barren with no erosion controls present
other than two (2) overrun and undercut sections of silt fence at the inlet to the stormwater
retention pond .
16 .
Surface water leaving the northeast corner of Section 3 was carrying silt, sand,
and sediment to the unnamed stream
. Silt laden stormwater from Section 3 drained via storm
sewers to the retention pond .
17 .
On April 22, 2005, the Illinois EPA conducted a reconnaissance inspection at the
site
.
3
18 .
On April 22, 2005, erosion controls on the site were inadequate to prevent
silt-laden discharge into the stormwater retention pond and natural stream
. Mud and muddy
water were present on the streets and around stormwater inlets .
19 .
Water in the retention pond exhibited a slightly brown tint, and the unnamed
stream had a chalky-brown color resulting from the sediment coming from the northeast corner
of Section 3 .
20.
The silt fence at the pond inlet was still being overun and undercut by the flow of
sediment .
21 .
On July 29, 2005, the Illinois EPA conducted a followup inspection of the site .
22 .
On July 29, 2005, one empty lot and several lots with new homes in Section 3
were still barren and needed to be seeded . Concrete trucks were being washed out on the
empty lot with the water draining into the retention pond
.
23 .
On July 29, 2005, Section 5 was mostly barren and other erosion controls were
inadequate to contain sediment from traveling offsite
. Sediment deltas were present in the
retention pond . Sediment, in some places more than six (6) inches deep, was present in the
storm sewer invert near the pond .
24
.
The unnamed stream located downstream of the retention pond was lined with
sediment deposits on the bottom and sides .
25
.
On August 28, 2006, the Illinois EPA received a citizen complaint alleging that
sediment was continuing to flow from Sections 5 and 6 during rain events .
26.
On August 31, 2006, the Illinois EPA inspected the site
.
27
.
On August 31, 2006, several lots in Section 3 containing new homes were
barren .
28 .
A sump pump was pumping muddy water from the northwest portion of Section 6
into the Section 5 storm sewer system . The storm sewer discharged the water into the
4
retention pond
. The water in the retention pond was muddy brown with a plume of sediment
emanating from the storm sewer inlet
.
29 .
On August 31, 2006, in Section 5, individual construction sites lacked adequate
control to prevent sediment discharges from entering onto streets from where they found their
way into various storm drains tributary to the retention pond .
30.
On August 31, 2006, Section 6 lacked proper erosion controls . The only controls
present were approximately three hundred (300) feet of silt fence along the northeast side of
the site . Sediment trails flowed from Section 6 to the streets in Section 5
.
31
. From at least April of 2005 until the filing of this complaint, WTE has failed to
develop and implement an adequate SWPPP as required by the NPDES general stormwater
permit, in violation of Section 12(f) of the Act
.
32.
By failing to maintain adequate erosion controls at its site to prevent silt-laden
storm water discharges as required by its NPDES permit, WTE has caused, threatened or
allowed the discharge of any contaminant into the waters of the State in violation of its NPDES
permit, and has thereby violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, WASHINGTON TRAILS EDGE,
LLC :
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 ;
5
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E.
Granting such other relief as the Board may deem appropriate .
COUNTII
WATER POLLUTION
1-29.
Complainant realleges and incorporates herein by reference paragraphs 1 through
5 and 7 through 30 of Count I as paragraphs 1 through 18 of this Count II
.
30.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following prohibitions :
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 so as to violate regulations or standards
adopted by the Pollution Control Board under this
Act .
(d)
Deposit any contaminants upon the land in such place and manner so as to
create a water pollution hazard
.
31 .
Section 302 .203 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
302 .203, prohibits offensive conditions in waters of the State :
Waters of the State shall be free from sludge or bottom deposits,
floating debris, visible oil, odor, plant or algal, color or turbidity of
other than natural origin . . . .
32.
Section 3 .545 of the Act, 415 ILCS 5/3
.545 (2004), 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 .
6
33.
On or before April 12, 2005 and continuing until the filing of this Complaint,
Respondent caused, allowed or threatened the discharge of silt from the site into waters of the
State so as to cause or tend to cause offensive conditions and water pollution by creating a
nuisance .
34 .
WTE failed to implement adequate erosion controls for the ground disturbed by
construction activities, resulting in the discharge of silt, sand and sediment from the site in violation
of Section 12(a) of the Act, 415 ILCS 5/12(a) (2004),
35 .
By so causing, allowing or threatening to cause water pollution, and by violating the
water quality standard of Section 302
.203 of the Board's Water Pollution Regulations, 35 III
. Adm .
Code 302
.203, the Respondent has violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004) .
36 .
On or Before April 12, 2005 and continuing until the filing of this Complaint,
Respondent deposited silt from the site in such place and manner so as to create a water pollution
hazard .
37.
WTE deposited silt upon the roadways and other property within the subdivision in
violation of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004)
.
38.
By depositing a contaminant upon the land in such place and manner so as to create
a water pollution hazard, the Respondent has violated Section 12(d) of the Act, 415 ILCS 5/12(d)
(2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, WASHINGTON TRAILS EDGE,
LLC :
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein
;
7
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 .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil penalty
of not more than the statutory maximum
; and
E.
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
Of Counsel
:
MICHAEL D . MANKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/557-0586
Dated : I-/ // ?
~ o '~
BY:
8
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
