OFFICE
OF
THE ATTORNEY
GENERAL
STATE
OF ILLINOIS
CLERK’S
OFFICE
DEC.,
72Ug
STATE
OF
ILLINOIS
POlftj
Control
Board
Lisa
Madigan
ATTORNEY
GENERAL
John
T.
Therriault,
Assistant
Clerk
Illinois Pollution
Control Board
James
R. Thompson Center,
Ste. 11-500
100 West Randolph
Chicago, Illinois
60601
December
12, 2008
Re:
People
v. Illinois Valley
Paving
CoW,
Inc.
Dear
Clerk:
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.
SJJ/pk
Enclosures
Very
truly yours,
Step
e J. anasie
Environmental
Bureau
500 South Second
Street
Springfield,
Illinois
62706
(217)
782-9031
500 South
Second
Street,
Springfield, Illinois
62706 • (217) 782-1090
• ‘FEY:
(877)
844-5461 • Fax:
(217)
782-7046
100
West Randolph Street,
Chicago, Illinois 60601
• (312)
814-3000
• ‘FlY:
(800)
964-3013 • Fax:
(312) 814-3806
inni T,-
fl.knn,-t,I..
c200l • (,c1h 2O_.dAfl
• ‘T’T’V. (577 i.7c_OO •
P,v
cQ41c
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
PEOPLE
OF THE
STATE
OF
)
DEC•.i
72008
ILLINOIS,
)
STATE OF
ILUNOIS
)
Pollution
Control
Board
Complainant,
vs.
)
PCBN0.
)
(Enforcement)
ILLINOIS
VALLEY
PAVING COMPANY,
)
INC.,
)
Respondent.
NOTICE
OF
FILING
To:
Illinois
Valley
Paving
Company
do James
Bruner,
Registered
Agent
P.O.
Box
248
Winchester,
IL 62694
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.
1
FURTHER, please take notice
that
financing may be available,
through
the
Illinois
Environmental
Facilities Financing Act, 20 ILCS 3515/1
(2006), 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
MATTHEWJ. DUNN, Chief
Environmental Enforcement/Asbestos
Sië(en,ó. nasie
Assistat ftorney General
Environmental Bureau
500
South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
December 12, 2008
2
CERTIFICATE
OF SERVICE
I
hereby certify
that I did on
December
12, 2008, 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:
Illinois Valley
Paving
Company
do
James
Bruner,
Registered
Agent
P.O.
Box 248
Winchester,
IL 62694
and the
original and ten
copies
by
First
Class
Mail
with postage thereon
fully prepaid of the
same
foregoing
instrument(s):
To:
John
T. Therriault,
Assistant
Clerk
Illinois Pollution
Control
Board
James
R. Thompson
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
4)
/,7;7
Sten Jnasie
Assistant Attorney
General
This
filing is submitted on
recycled paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
CLERKSS
PEOPLE
OF THE
STATE
OF
)
72008
ILLINOIS,
)
Poj
ST4TEOF
Utlon
Corn plainant,
)
rol
Board
vs.
)
PCBNo.
)
(Enforcement)
ILLINOIS
VALLEY
PAVING
COMPANY,
INC.,
Respondent.
)
ENTRY
OF
APPEARANCE
On behalf
of
the
Complainant,
PEOPLE
OF THE
STATE OF
ILLINOIS,
STEPHEN
J.
JANASIE,
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
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
BYZ.
Environmental
Bureau
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
December
12,
2008
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE
OF
THE STATE OF ILLINOIS,
)
DEC,
72008
ST
o
Complainant,
)
OIILgtj
contri1%h0IS
ard
v.
)
PCB No. 09-
ILLINOIS
VALLEY
PAVING
)
COMPANY,
INC.
Respondent.
COM
PLAI NT
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, ILLINOIS
VALLEY
PAVING
COMPANY,
INC.
as
follows:
COUNT I
WATER
POLLUTION
VIOLATIONS
1.
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
Section
31
of the
Illinois
Environmental
Protection
Act (“Act”),
415 ILCS 5/31 (2006).
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 (2006),
and charged,
inter a/ia,
with the
duty
of
enforcing the
Act.
3.
Respondent
ILLINOIS
VALLEY
PAVING
COMPANY, Inc.
is an Illinois
corporation
in
good standing.
4.
Respondent
operates
a temporary
concrete batch plant
(‘the
site”)
which is
located
inside
the
northwest
portion of the
“cloverleaf”
intersection
of 1-74 and
1-474 just west of
Peoria,
Peoria
County, Illinois.
The site
is
located near an
unnamed
tributary
of Kickapoo
Creek and
storm
water and other
runoff from the site
flow
into this
waterway.
5.
Section
12(a)
of the
Act,
415
ILCS
5/12(a)
(2006),
provides,
in
pertinent
part,
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;
6.
Section
302.203
of
the Illinois
Pollution
Control
Board’s
Water
Quality
Standards,
35
Ill. Adm.
Code
302.203,
provides,
in
pertinent
part,
as
follows:
Offensive
Conditions
Waters
of the State
shall
be free
from
sludge
or bottom
deposits,
floating
debris,
visible
oil, odor,
plant
or algal
growth,
color
or turbidity
of
other
than
natural
origin.
7.
Section
3.165
of
the Act,
415 ILCS
5/3.165
(2006),
contains
the
following
definition:
“CONTAMINANT”
is
any solid,
liquid,
or
gaseous
matter,
any
odor or
any form
of
energy,
from
whatever
source.
8.
Section
3.545
of
the
Act,
415 ILCS
5/3.545
(2006),
contains
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
water
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.
9.
Section
3.550
of
the Act,
415 ILCS
5/3.550
(2006),
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.
2
10.
The federal
Clean
Water Act
regulates the discharge of pollutants from
a
point
source into
navigable
waters and prohibits such point source discharges without
an NPDES
permit.
The
United States Environmental
Protection
Agency
(‘USEPA”) administers
the
NPDES
program in each State unless the USPEA has delegated
authority to do so to that
State. The USEPA has authorized the State of Illinois to issue NPDES
permits through
the
Illinois EPA in compliance with federal regulations.
II.
Storm water discharges are regulated by
40 CFR 122.26, which requires a
person
to
obtain an
NPDES
permit and to implement a
stormwater
pollution prevention
plan for
construction activity including clearing, grading and excavation:
(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 (see
§
122.26(a)(4));
***
(b)
Definitions.
***
(14)
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):
***
(ii)
Facilities classified as Standard Industrial Classifications 24
(except
2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32
(except
323),
33, 3441, 373;
***
3
12.
According
to the
Standard
Industrial
Classification
(‘SIC”) Manual,
1987,
published
by
the
Executive
Office
of
the President,
Office
of
Management
and Budget,
Respondent’s
temporary concrete
batch plant
falls
under
SIC
Major
Group 32:
Stone,
Clay,
Glass,
and Concrete Products,
and Industry
Group
327: Concrete, Gypsum
and Plaster
Products.
13.
On March
4, 2005, Lyle
Ray (“inspector”)
of the Illinois
EPA’s Peoria Regional
Office performed
an inspection
at
the site. At
that time, Respondent
conducted operations
on
the site even though
the site’s silt fences
were
in disrepair.
14.
On June 16, 2005,
the inspector
re-inspected
the site and found
Respondent
using the site for extensive
truck
washing
activities which
overwhelmed
the erosion control
devices.
As a
result of
the
runoff,
the water laden
with concrete
waste and residues
entered
the Kickapoo Creek
via an unnamed tributary.
Water samples
of the runoff
showed elevated
levels of
pH and
Total
Suspended
Solids.
15.
On
July
28, 2005, the
inspector
conducted a re-inspection
and
found the
concrete
residues
in the
tributary
to
Kickapoo Creek were
heavier
than
during
the previous visit.
16.
Respondent caused
water pollution
by discharging contaminant-laden
stormwater
runoff into the
Kickapoo Creek
via an unnamed
tributary, in violation of
Section
12(a)
of the Act, 415
ILCS 5/12(a) (2006).
17.
Respondent also
caused waters
of the State to contain
sludge or bottom
deposits, floating debris,
visible oil, odor, plant
or algal
growth,
color
or turbidity
of other
than
natural origin,
by
discharging
contaminant-laden
stormwater
runoff into
the Kickapoo Creek
via
an
unnamed
tributary,
in violation
of Section 302.203
of
the
Illinois Pollution Control
Board’s
Water
Quality Standards,
35 Ill. Adm. Code
302.203.
4
PRAYER FOR
RELIEF
WHEREFORE, the
Complainant,
the
People of
the State of Hlinois,
respectfully
requests
that
this Board grant
the following
relief:
A.
Authorizing
a hearing in this
matter
at which
time the Respondent
will
be
required to answer
the allegations
herein;
B.
Finding that
the
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)
(2006),
imposing
a civil
penalty of not more
than the
statutory
maximum; and
E.
Granting such
other relief
as
the Board deems appropriate.
COUNT
II
WATER
POLLUTION
HAZARD VIOLATIONS
1-13.. Complainant
realleges and
incorporates
herein
by
reference
paragraphs
1
through 4
and paragraphs 7 through
15 of Count
I as
paragraphs
1 through 13
of this Count II.
14.
Section
12(d) of the Act, 415
ILCS 5/12(d)
(2006),
provides, in
pertinent
part,
as
follows:
No person shall:
***
d.
Deposit
any contaminants
upon the land
in
such place
and manner
so as
to create
a water
pollution hazard.
***
15.
Respondent
created a water pollution
hazard
by depositing concrete
wastes
and
residues on the land
without
the protection
of adequate erosion
controls,
in violation
of
Section
5
12(d)
of
the Act,
415
ILCS 5/12(d)
(2006).
PRAYER
FOR RELIEF
WHEREFORE,
the Complainant, the
People
of the
State
of
Illinois, respectfully
requests
that this Board
grant the following
relief:
A.
Authorizing
a
hearing
in
this matter at which time
the
Respondent
will be
required
to
answer
the
allegations
herein;
B.
Finding
that the 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) (2006),
imposing
a
civil
penalty of not more than
the statutory maximum;
and
E.
Granting
such other
relief as the Board deems
appropriate.
COUNT III
NPDESPERMIT
VIOLATIONS
1-13.
Complainant realleges
and incorporates
herein
by
reference paragraphs
I
through
4 and
paragraphs
7 through 15 of Count
las paragraphs
1
through 13 of this
Count Ill.
14.
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
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
6
regulations
adopted
by the Board or of any
order
adopted by the Board
with
respect to
the NPDES program.
***
15.
Respondent violated the
terms
of its NPDES permit number lLR006436 by
failing
to implement adequate erosion controls at the site, in violation of Section 12(f) of the Act,
415
ILCS 5/12(f) (2006).
PRAYER FOR RELIEF
WHEREFORE, the
Complainant,
the People of the State of Illinois, respectfully
requests
that this Board grant the following relief:
A.
Authorizing a hearing in this matter at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that the 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) (2006),
imposing
a civil
penalty
of
not more
than the statutory maximum; and
E.
Granting such other relief as the Board deems appropriate.
7
Respectfully
submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS,
LISA MADIGAN,
Attorney General
of the
State of Illinois
MATTHEWJ.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:__________________
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant
Attorney
General
Of Counsel
STEPHEN J.
JANASIE
Assistant Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
December 12, 2008
8
