BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondents.
Complainant,
ALDEN BENNETT CONSTRUCTION
COMPANY, INC., an Illinois corporation,
and BLOOMINGDALE HORIZON I
LIMITED PARTNERSHIP, a registered
Illinois limited partnership,
PCB
08-
(Enforcement - Water)
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
of )
the State
of Illinois,
)
)
)
)
)
)
)
)
)
)
)
)
)
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.
Electronic Filing - Received, Clerk's Office, July 14, 2008
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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 violation.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the State of Illinois
BY:
Andrew Armstrong
Assistant Attorney General
Andrew Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
312-814-0660
DATE: July 14, 2008
Electronic Filing - Received, Clerk's Office, July 14, 2008
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SERVICE LIST
Kenneth J. Fisch
Law Offices
of Kenneth J. Fisch
4200 West Peterson Avenue
Suite 140
Chicago, Illinois 60646
(Registered
Agent-
Alden Bennett Construction Company, Inc.)
Kenneth
J. Fisch
Law Offices
of Kenneth J. Fisch
4200 West Peterson Avenue
Suite 140
Chicago, Illinois 60646
(Registered
Agent-
Bloomingdale Horizon I Limited Partnership)
Electronic Filing - Received, Clerk's Office, July 14, 2008
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'BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondents.
Complainant,
ALDEN BENNETT CONSTRUCTION
COMPANY, INC., an Illinois corporation,
and BLOOMINGDALE HORIZON I
LIMITED PARTNERSHIP, a registered
Illinois limited partnership,
PCB
08-
(Enforcement - Water)
PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney General
of )
the State
of Illinois,
)
)
)
)
)
)
)
)
)
)
)
)
)
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 ALDEN BENNETT
CONSTRUCTION COMPANY, INC., an Illinois corporation, and, by LISA MADIGAN,
Attorney General
of the State of Illinois, on her own motion, complains of Respondent
BLOOMINGDALE HORIZON I LIMITED PARTNERSHIP, a registered Illinois limited
partnership, as follows:
COUNT I
WATER POLLUTION
1.
This Count is brought against Respondent Alden Bennett Construction Company,
Inc. 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 the terms and provisions
of Section 31 of the Illinois
Electronic Filing - Received, Clerk's Office, July 14, 2008
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Environmental Protection Act ("Act"), 415 ILCS 5/31 (2006). This Count is also brought
against Respondent Bloomingdale Horizon I Limited Partnership on behalf of the People of the
State of Illinois, by Lisa Madigan, Attorney General of the State of Illinois, on her own motion,
pursuant to the terms and provisions
of Section 31 of the 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 is charged,
inter alia,
with the duty of
enforcing the Act.
3.
At all times relevant to this Complaint, Respondent Alden Bennett Construction
Company ("Alden Bennett") was and is an Illinois corporation in good standing, organized and
operating under the laws
of the State of Illinois.
4.
At all times relevant to this Complaint, Bloomingdale Horizon I Limited
Partnership ("Bloomingdale Horizon.l") was and is a registered Illinois limited partnership
in
good standing, organized and operating under the laws of the State of Illinois.
5.
At all times relevant to this Complaint, Respondent Bloomingdale Horizon I
owned a
52-acre parcel ofland located at 160 West Lake Street, Bloomingdale, DuPage County,
Illinois ("Site").
6.
A small creek ("Creek") runs through the Site.
7.
Stormwater runs off from the Site into the Village of Bloomingdale's storm water
sewer system ("Storm Sewer System").
8.
The Storm Sewer System ultimately discharges to the East Branch of the DuPage
River.
9.
On some date prior to November 1,2006, the precise date best known to the
Respondents, Respondent Bloomingdale Horizon I retained Respondent Alden Bennett to act as
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general contractor in constructing the Bloomingdale Horizon Senior Living Center ("Facility") at
the Site.
10.
From March 16,2006 to August 29, 2007, the Site was covered by Illinois
General National Pollutant Discharge Elimination System ("NPDES") Construction Site Permit
number ILRI
OE858 ("NPDES Permit No. ILRI OE858"), authorizing storm water discharges at
the Site.
11.
From some date prior to November 1,2006 to at least May 29, 2007, the precise
dates best known to Respondents, Respondent Alden Bennett acted as general contractor for the
construction
of the Bloomingdale Horizon Senior Living Center ("Facility") at the Site, and
conducted construction activities at the Site.
12.
The construction ofthe Facility included the grading of soil and other
construction debris and other preparatory work at the Site to facilitate the construction
of the
Facility.
13.
On November 1,2006, the Illinois EPA inspected the Site in response to a citizen
complaint that mud was being tracked onto Lake Street from the Site.
14.
At the time of the November 1,2006 inspection, there were erosion control
deficiencies at the Site.
15.
Specifically, on November 1,2006, there was no silt fencing protecting the
northern side
of the Creek from the migration of soil and/or debris from construction activities at
the Site into the Creek.
16.
Also on November 1,2006, silt fencing installed along the eastern edge of the Site
had been tom down.
17.
On March 22, 2007, the Illinois EPA again inspected the Site.
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18.
At the time of the March 22,2007 inspection, there were still erosion control
deficiencies at the Site.
19.
Specifically, on March 22, 2007, the silt fencing at the Site was not being
maintained.
20.
Also on March 22, 2007, the Site's storm sewer inlets either had no erosion
control fabric installed, or had only damaged erosion control fabric installed.
21.
On April 25, 2007, the Illinois EPA issued and served upon Respondent Alden
Bennett a Violation Notice pursuant to Section 31(a)(I)
of the Act, 4151LCS 5/31(a)(l) (2006),
identifying violations observed during Illinois
EPA'sNovember 1,2006 and March 22,2007
inspections of the Site.
22.
On May 25, 2007, Respondent Alden Bennett submitted a written response to the
April 25, 2007 Violation Notice.
23.
On May 29,2007, the Illinois EPA again inspected the Site.
24.
At the time
of the May 29, 2007 inspection, there were still erosion control
deficiencies at the Site.
25.
Specifically, on May 29,2007, the silt fencing installed along the western edge
of
the Site was not being maintained.
26.
Also on May 29,2007, the silt fencing installed along the eastern side of the
Creek was not properly anchored, thus allowing soil and/or debris from construction activities at
the Site to drain into the Creek.
27.
On May 29, 2007, the silt fencing that had previously been installed along the
western side
of the Creek had been removed.
28.
On May 29, 2007, the Site's soil was unstabilized.
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29.
Specifically, on May 29,2007, a seed blanket had been installed along a portion
of the western side of the Creek, but the northwestern comer of the seed blanket did not have
adequate erosion control. The remainder of the western side of the Creek consisted of exposed
dirt sloping steeply down to the Creek.
30.
In addition, on May 29, 2007, damaged erosion control fabric was installed in
several
of the Site's storm sewer inlets.
31.
On June 20, 2007, the Illinois EPA issued and served upon Respondent Alden
Bennett a written notice pursuant to Section
31 (a)(8) of the Act, 415 ILCS 5/31(a)(8) (2006),
informing Respondent Alden Bennett that the Illinois EPA rejected the Compliance Commitment
Aweement contained in Respondent Alden Bennett'sMay 25,2007 written response.
32.
On August 29, 2007, the Illinois EPA received from Respondents a Notice
of
Termination of coverage under NPDES Permit No. ILRlOE858. The Notice of Termination
stated that construction activities on the Site had been completed.
33.
On October 19,2007, the Illinois EPA issued and served upon Respondent Alden
Bennett a written notice informing Respondent Alden Bennett that the Illinois EPA intended to
pursue legal action with respect to violations identified in the April 25, 2007 Violation Notice.
34.
On November 12,2007, a representative
of Respondent Alden Bennett sent the
Illinois EPA written notice that Respondent Alden Bennett waived a meeting with
representatives
of the Illinois EPA with respect to the Illinois EPA's October 19,2007 notice of
intent to pursue legal action.
35.
Section 12(a)
of the Act, 415 ILCS 5/12(a) (2006), provides, in pertinent part, as
follows:
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Electronic Filing - Received, Clerk's Office, July 14, 2008
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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.
36.
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.
37.
Respondents Alden Bennett, a corporation, and Bloomingdale Horizon
I, a limited
partnership, are each a "person" as that term is defined in Section 3.315
of the Act, 415 ILCS
5/3.315 (2006).
38.
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.
39.
Soil and debris from construction activities at the Site are "contaminants" as that
term is defined in Section 3.165
of the Act, 415 ILCS 5/3.165 (2006).
40.
Section 3.550 of the Act, 415 ILCS 5/3.550 (2006), 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.
41.
The Storm Sewer System and the Creek are "waters"
of the State of Illinois as
that term
is defined in Section 3.550 of the Act, 415 ILCS 5/3.550 (2006).
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Electronic Filing - Received, Clerk's Office, July 14, 2008
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42.
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 livestock, wild animals, birds, fish, or other aquatic life.
43.
From at least November 1,2006 to May 29, 2007, the precise dates best known by
the Respondents, Respondents Alden Bennett and Bloomingdale Horizon I failed to install
proper erosion control measures at the Site, thereby causing, threatening, or allowing soil and/or
debris from construction activities at the Site to discharge into the Storm Sewer System and the
Creek.
44.
The discharge
of soil and/or debris from construction activities at the Site into the
Storm Sewer System and the Creek has caused or tended to cause water pollution, in that such
discharges have likely rendered the waters
of the State 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, and have
likely created a nuisance.
45.
By causing or allowing the discharge
of contaminants in such a manner as to
cause or tend to cause water pollution in the waters
of the State, Respondents Alden Bennett and
Bloomingdale Horizon I have violated Section I2(a) of the Act, 415 ILCS 5/12(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondents, ALDEN BENNETT
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Electronic Filing - Received, Clerk's Office, July 14, 2008
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CONSTRUCTION COMPANY, INC. and BLOOMINGDALE HORIZON I LIMITED
PARTNERSHIP, for the following relief:
1.
Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section 12(a) of the Act, 415 ILCS
5/12(a) (2006);
3.
Ordering Respondents to cease and desist from any further violations of Section
12(a)
of the Act, 415 ILCS 5/12(a) (2006);
4.
Assessing against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act, with an additional penalty ofTen Thousand Dollars
($10,000.00) for each day
of violation;
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2006), 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
1-44. Complainant realleges and incorporates by reference herein paragraphs 1 through
34 and paragraphs 36 through 45
of Count I as paragraphs 1 through 44 of this Count II.
45.
Section 12(d) of the Act, 415 ILCS 5/12(d) (2006), provides, in pertinent part, as
follows:
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Electronic Filing - Received, Clerk's Office, July 14, 2008
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No person shall:
*
*
*
(d)
Deposit any contaminants upon the land in such place and
manner so as to create a water pollution hazard.
46.
From at least November
1,2006 to May 29, 2007, the precise dates best known by
the Respondents, Respondents Alden Bennett and Bloomingdale Horizo'n I graded soil and/or
debris from construction activities at the Site without providing adequate erosion control devices
to prevent runoff
of soil and debris-laden storm water into the Storm Sewer and the Creek,
thereby creating a water pollution hazard.
47.
By depositing contaminants upon the land
in such place and manner so as to
create a water pollution hazard, Respondents Alden Bennett and Bloomingdale Horizon I
violated Section 12(d)
of the Act, 415 ILCS 51l2(d) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully'
requests that the Board enter an order against Respondents, ALDEN BENNETT
CONSTRUCTION COMPANY, INC. and BLOOMINGDALE HORIZON I LIMITED
PARTNERSHIP, for the following relief:
1.
Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section 12(d) of the Act, 415 ILCS
51l2(d) (2006);
3.
Ordering Respondents to cease and desist from any further violations of Section
12(d)
of the Act, 415 ILCS 51l2(d) (2006);
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4.
Assessing against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of the Act, with an additional penalty of Ten Thousand Dollars
($10,000.00) for each day of violation;
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS
5/42(f)
(2006), including attorney, expert witness, and consultant fees expended by the
State in its pursuit ofthis action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
FAILURE TO COMPLY WITH NPDES PERMIT
1.
This Count is brought against Respondents Alden Bennett Construction
Company, Inc. and Bloomingdale Horizon I Limited Partnership on behalf
of the People of the
State of Illinois, by Lisa Madigan, Attorney General of the State of Illinois, on her own motion,
pursuant to the terms and provisions of Section 31 of the Illinois Environmental Protection Act
(,'Act"), 415 ILCS
5/31 (2006).
2-39. Complainant realleges and incorporates by reference herein paragraphs 2 through
20, paragraphs
23 through 30, paragraph 32, and paragraphs 36 through 45 of Count I as
paragraphs 2 through 39
of this Count III.
40.
Section 12(f)
of the Act, 415 ILCS
5/12(f)
(2006), 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 [National Pollutant
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Discharge Elimination System] 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.
41.
Pursuant to authority granted in Sections
13 and 27 of the Act, 415 ILCS 5/13 and
5/27 (2006), the Illinois Pollution Control Board ("Board") has promulgated rules and
regulations
to control water pollution in Illinois, codified at 35 Ill. Adm. Code Subtitle C,
Chapter I ("Board Water Pollution Regulations").
42.
Section 309.1 02(a)
of the Board Water Pollution Regulations, 35 Ill. Adm. Code
309.102(a), provides, in pertinent part, as follows:
NPDES Permit Required
a)
Except as in compliance with the provisions
of the Act, Board
regulations, and the [Federal Water Pollution Control 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.
. 43.
The Federal Water Pollution Control Act ("Clean Water Act") regulates the
discharge
of pollutants from point sources into navigable waters and prohibits such point source
discharges without an NPDES permit.
See
33 U.S.C. § 1311; 33 U.S.C. § 1342; 33 U.S.C. §
1362(12). The United States Environmental Protection Agency ("U.S. EPA") administers the
NPDES program in each State, unless the U.S. EPA has delegated authority to do so to that
State.
See
33 U.S.C. § 1342.
44.
The U.S. EPA has authorized the State
of Illinois to issue NPDES permits through
the Illinois EPA in compliance with federal regulations, including storm water discharges
regulated by 40 C.F.R.
§ 122.26, which requires a person to obtain an NPDES permit and to
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implement a storm water pollution prevention plan for construction activity including "clearing,
grading and excavation."
See
40 C.F.R. § 122.26(b)(14)(x).
\
45.
40 C.F.R § 122.26(a) provides, in pertinent part, as follows:
(a)
Permit requirement.
(1)
Prior to October
1, 1994, discharges composed entirely of
storm water shall not be required to obtain a NPDES permit
except:
*
*
*
, (ii)
A discharge associated with industrial activity.
46.
40 C.F.R. § 122.26(b)(14) provides, in pertinent part, as follows:
Storm water discharge associated with industrial activity
means the
discharge from any conveyance that is used for collecting and conveying
storm water and that is directly related to manufacturing, processing or
raw materials storage areas at an industrial plant. .
.. The following
categories of facilities are considered to be engaging in 'industrial activity'
for purposes
of paragraph (b)(14):
*
*
*
(x)
Construction activity including clearing, grading and
excavation, except operations that result in the disturbance
of less than five acres of total land area ....
47.
Part VI.A ofNPDES Permit No. ILRI0E858 provides, in pertinent part, as
follows:
Part VI.
A.
Standard Permit Conditions
Duty to Comply
The permittee must comply with all conditions
of this permit. Any
permit noncompliance constitutes a violation
of Illinois
Environmental Protection Act and the CWA and is grounds for
enforcement action
....
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48.
Part IV ofNPDES Permit No. ILRI0E858 provides, in pertinent part, as follows:
Part IV.
Storm Water Pollution Prevention Plans
A storm water pollution plan shall be developed for each construction site
covered by this permit. Storm water pollution prevention plans shall be
prepared in accordance with good engineering practices. 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.
49.
By failing to implement practices necessary to reduce the pollutants in storm
water discharges associated with the Site, as observed by the Illinois EPA during its inspections
of the Site on November 1,2006; March 22,2007; and May 29,2007, Respondents Alden
Bennett and Bloomingdale Horizon I violated Part
IV ofNPDES Permit No. ILRI0E858.
50.
Part IV.DA
ofNPDES Permit No. ILRI OE858 provides, in 'pertinent part, as
follows:
Part IV
Storm Water Pollution Prevention Plans
*
*
*
D.
Contents of plan
*
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.
51.
Part IV.DA.c
ofNPDES Permit No. ILRI0E858 provides, in pertinent part, as
follows:
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Part IV
Storm Water Pollution Prevention Plans
***
D.
Contents of plan
**
*
4.
Inspections
***
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
....
52.
Part VI.E ofNPDES Permit No. ILR1 OE858 provides, in pertinent
part, as follows:
Part VI
E.
Standard Permit Conditions
**
Duty to Provide Information.
**
*
*
Upon request, the permittee shall also furnish to the
Agency or local agency approving 'sediment and erosion
plans, grading plans, or storm water management plans ...
copies of records required to be kept by this permit.
53.
On August 29, 2007, the Illinois EPA terminated NPDES Permit No. ILR10E858.
54.
The inspection requirement as described by Part IV.DA
of the NPDES Permit
began on March
16,2006 and ended on August 29,2007.
55.
From March 16,2006, up to and including the time of the November 1,2006
inspection of the Site by the Illinois EPA, Respondents were required to have, at a minimum,
thirty-two (32) weekly inspection reports pursuant to Part IV.DA ofNPDES Permit No.
ILRIOE858. During the November 1,2006 inspection of the site, neither Respondent Alden
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Bennett nor Respondent Bloomingdale Horizon I made the reports available to the Illinois EPA
inspector.
56.
From March 16,2006, up to and including the time
of the March 22, 2007
inspection
of the Site by the Illinois EPA, Respondents were required to have, at a minimum,
fifty-two (52) weekly inspection reports pursuant to Part IV.D.4
ofNPDES Permit No.
ILRIOE858. Respondents had begun to create reports following the Illinois
EPA'sNovember 1,
2006 inspection, but had stopped creating them after December 11, 2006. During the March 22,
2007 inspection
of the Site, neither Respondent Alden Bennett nor Respondent Bloomingdale
Horizon I made any reports for before November
1, 2006, or for after December 11, 2006,
available to the Illinois EPA inspector.
57.
By failing to make the site inspection reports required by Part IV.D.4
ofNPDES
Permit No. ILR1OE858 available to the Illinois EPA, Respondents Alden Bennett and
Bloomingdale Horizon I violated Parts IV.D.4 and VI.E
ofNPDES Permit No. ILRlOE858.
58.
Part IV.B.l
ofNPDES Permit No. ILRI0E858 provides, in pertinent part, as
follows:
Part
IV
B.
Storm Water Pollution Prevention Plans
*
*
*
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 Information)
ofthis permit.
59.
During the November
1,2006 inspection of the Site by the Illinois EPA, a
representative
of Respondent Alden Bennett was present at the Site during the inspection. The
Illinois EPA inspector requested a copy
of the complete Storm Water Pollution Prevention Plan
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("SWPPP"). Neither Respondent Alden Bennett nor Respondent Bloomingdale Horizon I made
the SWPPP available to the Illinois EPA inspector at the time
of the November 1,2006
inspection. Pursuant to Parts IV.B.I and VI.E ofNPDES Permit No. ILRIOE858, Respondents
Alden Bennett and Bloomingdale Horizon I were required to retain the SWPPP on-Site and make
it available to the Illinois EPA upon the Illinois
EPA's request.
60.
By failing to make the SWPPP required under Part IV ofNPDES Permit No.
ILR IOE858 available to the Illinois EPA during its November
I, 2006 inspection, Respondents
Alden Bennett and Bloomingdale Horizon I violated Parts IV.B.I and VI.E
ofNPDES Permit
No.ILRIOE858.
61.
Part IV.D.4.d ofNPDES Permit No. ILRIOE858 provides as follows:
Part IV
Storm Water Pollution Prevention Plans
*
*
*
D.
Contents of plan
*
*
*
4.
Inspections
*
*
*
d.
The permittee shall complete and submit
within
5
days
an
"Incident
of
Noncompliance" (ION) report for any
violation
of the storm water pollution
prevention
plan
observed
during
an
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.
62.
Respondents Alden Bennett and Bloomingdale Horizon I failed to submit
ION
reports to the Illinois EPA within five (5) days of violations of the SWPPP, including failures to
implement practices necessary to reduce the pollutants in storm water discharges associated with
16
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * * PCB 2009-005 * * * * *
the construction site, as observed by the Illinois EPA during its inspections of the Site on.
November 1,2006; March 22,2007; and May 29, 2007.
63.
By failing to implement practices necessary to reduce the pollutants in storm
water discharges associated with the construction site; to make available inspection reports and a
complete copy
of the SWPPP on-Site; and to submit ION reports to the Illinois EPA for its
violations
of the SWPPP in a timely manner, Respondents Alden Bennett and Bloomingdale
Horizon I violated Part IV.B; Part IV.D; and Part VI.E
ofNPDES Permit No. ILRlOE858.
64.
By violating the terms and conditions
of the NPDES permit covering the Site,
Respondent Alden Bennett also violated Section l2(f) of the Act, 415 ILCS 51l2(f) (2006), and
Section 309.1
02(a)of the Board Water Pollution Regulations, 35 Ill. Adm. Code 309.l02(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, ALDEN
BENNETT
CONSTRUCTION COMPANY, for the following relief:
1.
Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section l2(f) of the Act, 415 ILCS
51l2(f) (2006) and 35 Ill. Adm. Code 309.1 02(a);
3.
Ordering Respondents to cease and desist from any further violations of Section
l2(f)
of the Act, 415 ILCS 51l2(f) (2006), and 35 Ill. Adm. Code 309.102(a);
4.
Assessing a civil penalty against Respondents of Ten Thousand Dollars
($10,000.00) for each day
of each violation of Section 12(f) of the Act, 4151LCS 51l2(f) (2006),
and
35 Ill. Adm. Code 309.102(a);
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Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * * PCB 2009-005 * * * * *
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f), including attorney, expert witness, and consultant fees expended by the State in
pursuit
of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos Litigation Division
/-;>
!
I"
BY:
OF COUNSEL
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
(312) 814-0660
18
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * * PCB 2009-005 * * * * *
CERTIFICATE OF SERVICE
I, ANDREW ARMSTRONG, an Assistant Attorney General, do certify that I caused to
be served this 14th day
of July, 2008, the foregoing Notice of Filing and Complaint upon the
persons listed on the attached Service List by placing true and correct copies
of each in an
envelope, first class postage prepaid, and depositing same with the United States Postal Service
at 69 West Washington Street, Chicago, Illinois, at or before the hour
of 5:00 p.m.
(LJ.w,~
ANDREW ARMSTRONG
r
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * * PCB 2009-005 * * * * *
