BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTIFICATION
(Enforcement - Water)
No.
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on you.
TO:
See attached service list
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.
NOTICE OF FILING
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..
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney
e
10
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
~
)
)
SURFACE MANUFACTURING COMPANY,
)
an Illinois corporation,
)
)
Respondent.
)
Electronic Filing - Received, Clerk's Office, May 27, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
~
)
)
SURFACE MANUFACTURING COMPANY,
)
an Illinois corporation,
)
)
Respondent.
)
COMPLAINT
PCB No.
(Enforcement - Water)
The Complainant, 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
ofthe Illinois Environmental Protection Agency, complains of the Respondent,
SURFACE MANUFACTURING COMPANY, 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 (2006).
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 (2006), 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. § 1342(b)(7).
Electronic Filing - Received, Clerk's Office, May 27, 2008
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During a period of time beginning no later than March 2, 2006, and
3.
At all times relevant to this Complaint, Surface Manufacturing Company
('SMC" or the "Respondent") was and is an Illinois corporation in good standing with the
State
of Illinois.
4.
At all times relevant to this Complaint, the Respondent owned and
operated a metal finishing operation located at 135 South 4
th
Street, Village of Capron,
. Boone County, Illinois (the "Facility").
5.
On May 7, 2007, the Illinois EPA sent a violation notice to the
Respondent alleging the violation
of Section 12(a) of the Act described herein, pursuant
to Section 31 of the Act, 415 ILCS 5/31 (2006). On July 5,2007, the Illinois EPA sent a
notice to the Respondent rejecting its proposed compliance commitment agreement.
On
August 17, 2007, the Illinois EPA sent a notice of intent to pursue legal action to the
Respondent. The Illinois EPA met with representatives of the Respondent on September
11,2007.
6.
continuing until at least December 24, 2006, and on other dates better known to the
Respondent, SMC discharged pretreated wastewater from its metal finishing processes
(the "wastewater") into a sewer, which conveyed the wastewater into the Village of
Capron'spublicly owned treatment works (the "Capron POTW").
7.
The Respondent's discharges at the Facility are subject to the Act and the
rules and regulations promulgated by the Illinois Pollution Control Board (the "Board").
The Board'sregulations regarding water pollution are found in Title 35, Subtitle C,
Chapter I of the Illinois Administrative Code ("Board Water Pollution Regulations")..
8.
On March 18,2003, the Illinois EPA issued to the Respondent permit
Electronic Filing - Received, Clerk's Office, May 27, 2008
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number 2003-£0-2930 to operate its pre-treatment system (the "Pennit"). The Pennit is
still in effect.
9.
The
Pennit allowed the Respondent to discharge the wastewater into the
Capron POTW, and set specific limits on the concentrations
of certain pollutants that
could be present in the wastewater.
10.
The
Pennit provided the daily limit for the concentration of chromium in
the wastewater, which is: 2.77 milligrams of chromium per liter of wastewater.
11.
On at least fifteen (15) separate dates between March 2,2006 and
. December 24,2006, and on other dates better known to the Respondent, the Respondent
discharged into the Capron POTW wastewater with a concentration of chromium that
exceeded 2.77 milligrams per liter, as follows:
CHROMIUM CONCENTRATION
Pennit Limit - maximum daily chromium concentration:
2.77 mg/liter
DATE
03/02/06
05/08/06
05/09/06
OS/25/06
07/07/06
07/13/06
08/21/06
08/23/06
08/29/06
09/26/06
12/20/06
12/21/06
12/22/06
12/24/06
DAILY CONCENTRATION
3.5
6.8
6.9
3.1
4.6
2.8
9.1
4.9
2.8
8.7
15.0
7.0
8.2
4.3
12.
The Capron
POTW was not equipped to precipitate out metals such as
Electronic Filing - Received, Clerk's Office, May 27, 2008
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chromium from its influent.
13.
Section 12(a) of the Act, 415 ILCS 5/12(a)(2006), 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 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 (2006), 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.
SMC is a corporation, and is therefore a "person" as that term is defined in
Section
3.3150fthe Act, 415 ILCS 5/3.315 (2006).
16.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2006), provides the following
definition:
"Contaminant" is any solid, liquid or gaseous matter, any odor, or any
form
of energy, from whatever source.
17.
The wastewater, and the chromium contained therein, are "contaminants" .
as that term is defined in Section 3.165 of the Act, 415 ILCS 5/3.165 (2006).
18.
Section 3.545 of the Act, 415 ILCS 5/3.545 (2006), 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
Electronic Filing - Received, Clerk's Office, May 27, 2008
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livestock, wild animals, birds, fish, or other aquatic life.
19.
By discharging chromium in excess of its Permit limit into the Capron
POTW, the Respondent threatened the discharge
of contaminants into the environment so
as to tend to cause water pollution in Illinois, in violation of Section l2(a) ofthe Act, 415
ILCS 5/12(a)(2006).
WHEREFORE,
the Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the Respondent, SMC, 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 the Respondent has violated Section 12(a) ofthe Act, 415
ILCS 5/12(a)(2006);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(a) of the Act, 415 ILCS 5/12(a)(2006);
4.
Assessing against each of the Respondents 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) against each Respondent for each day of
violation;
5.
Ordering the Respondent pursuant to Section 42(f) of the Act, 415 ILCS'
5/42(f)(2006), to pay all costs expended
by the State in its pursuit ofthis action, including
attorney, expert witness, and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
Electronic Filing - Received, Clerk's Office, May 27, 2008
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Of Counsel:
RICHARD
A.
PERRY
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, IL 60602
Tel: (312) 814-2069
Fax: (312) 814-2347
Email: rperry@atg.state.il.us
By:
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General
ofthe State of Illinois,
MATTHEW J. DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
Ros~M-arie
Cazeau, Chief
Environmental Bureau
Assistant Attorney General
Electronic Filing - Received, Clerk's Office, May 27, 2008
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CERTIFICATE OF SERVICE
I, RICHARD
A.
PERRY, an Assistant Attorney General, do certify that I caused
to be mailed this 27th day
of May, 2008, the foregoing Complaint and Notice of Filing
upon the persons listed on said notice, by certified mail.
RIC ARD
A.
PERRY
Assistant Attorney General
Enviomrnental Bureau
69 West Washington,
18
th
Floor
Chicago, IL 60602
312-814-2069
Electronic Filing - Received, Clerk's Office, May 27, 2008
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SERVICE LIST
Surface Manufacturing Company
c/o Patrick Bryan, Registered Agent
135
S. 4
th
Street
Capron, Illinois 61012
Surface Manufacturing Company
c/o Patrick Bryan, President
W5608 Stateline Road
Walworth, WI 53184
Electronic Filing - Received, Clerk's Office, May 27, 2008
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