ED

MAR

ij

OFFICE OF THE

ATTORNEY

GENERAL

pjTEOF

ILLINOIS

STATE OF

ILLINOIS

ro

Board

Lisa Madigan

A’EFORNEY GENERAL

March 2, 2009

John T. Therriault, Assistant Clerk

Illinois

Pollution Control Board

James R. Thompson Center, Ste. 11-500

100

West

Randolph

Chicago,

Illinois 60601

Re:

People v. Moline Place Development,

LLC,

et

al.

PCB

No. 07-53

Dear Clerk

Gunn:.

Enclosed for filing please

find the original and ten copies

of a Notice of

Filing

and Motion

for

Summary Judgment-Crosstowne

in regard to the above-captioned

matter. Please file the

original and

return

a

file-stamped

copy to me in the enclosed, self-addressed envelope.

Thank

you

for your

cooperation and consideration.

V

Raymond

J.

Callery

Environmental Bureau

500 South Second

Street

Springfield,

Illinois 62706

(217)

782-9031

RJC/pp

Enclosures

500 South Second

Street, Springfield,

Illinois 62706

e (217)

782-1090

e TTY:

(877)

844-5461

Fax: (217) 782-7046

100

West

Randolph Street,

Chicago, Illinois 60601

• (312)

814-3000

• TTY:

(800) 964-3013 • Fax: (312) 814-3806

inni P,-?n;n c rkn,rll,. Jl,n tOO1 • (1O t9OJzlnfl • mmV. fO77 7t O2O

P.rn. /ClQ t2O C,IIC

v

---

BEFORE

THE ILLINOIS

POLLUTION CONTROL BOARD

PEOPLE OF THE STATE

OF ILLINOIS,

)

Complainant,

vs.

)

PCB No. 07-53

)

(Enforcement)

MOLINE PLACE

DEVELOPMENT,

)

L.L.C. and CROSSTOWNE

PLACE

)

DEVELOPMENT, L.L.C.,

)

Respondent.

NOTICE

OF

FILING

CLERK’S

OFRCE

MAR

0

2009

To:

Crosstowne

Place Development, L.L.C.

do Michael R.

Shamsie, R.A.

STI4TE

OF

LLINOS

455 Avenue of the

Cities

;lIUi

Contrd

Board

East Moline, IL

61244

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 MOTION FOR SUMMARY

JUDGMENT-CROSSTOWNE,

copies of

which are attached

hereto and herewith served

upon you.

Respectfully submitted,

PEOPLE OF THE STATE

OF

ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

MATTHEWJ. DUNN, Chief

Environ ental Enforcement!

sbesps

LiUaUoviJ

RAYMOND J. CALLERY

Assistant Attorney General

-

Environmental

Bureau

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated:

March 2, 2009

---

CERTIFICATE

OF

SERVICE

I hereby certify that I did on March 2,

2009,

send

by First Class 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 and MOTION FOR SUMMARY

JUDGMENT

CROSSTOWNE

To:

Crosstowne Place Development, L.L.C.

do

Michael R, Shamsie, R.A.

455 Avenue of the Cities

East Moline, IL 61244

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

A copy

was also sent by First

Class Mail with postage

thereon fully prepaid to:

Carol Webb

Hearing Officer

Illinois Pollution

Control Board

1021 North

Grand Avenue East

Springfield,

IL 62794

RAYMOND J.

CALLERY

Assistant

Attorney General

This filing is submitted on recycled paper.

---

BEFORE

THE

ILLINOIS POLLUTION

CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

vs.

)

No. PCB 07-053

(Enforcement-Water)

and

MOLINE

CROSSTOWNE

PLACE DEVELOPMENT,

PLACE

L.L.C.,

)

)

RECEvED

CLERK’S

OFFICE

DEVELOPMENT, L.L.C.,

MARO2oo9

Respondents.

STATE OF

ILLINOIS

Pollution

Control

Board

MOTION FOR

SUMMARY JUDGMENT-CROSSTOWNE

Complainant, PEOPLE OF THE STATE

OF

ILLINOIS,

by

LISA MADIGAN,

Attorney

General of the State

of Illinois, pursuant to Section

2-1005

of the Code of

Civil

Procedure, 735

ILCS 5/2-1005 (2006), and

Section 101.516 of the

Board’s

Procedural Rules, 35111. Adm. Code

101

.516, hereby

moves

for Summary Judgment against the Respondent, CROSSTOWNE PLACE

DEVELOPMENT, L.L.C.

(‘Crosstowne”) on Counts III and IV of the Complaint.

No

Answer

or

responsive

pleadings to the Complaint have

been filed by Crosstowne

and,

therefore, no affirmative

defenses

have been pleaded. Complainant

relies upon uncontroverted facts set forth

in the

Affidavit of James E.

Kammueller and in the Request for Admission of Facts Directed

to

Crosstowne mailed

on October 28, 2008. In support of

this

Motion, Complainant states as follows:

I.

STATEMENT

OF

UNCONTESTED

FACTS

1.

On

January 3,2007, Complainant filed

its complaint

against Crosstowne.

2.

On

October 28, 2008, Complainant mailed to Crosstowne a Request for Admission

of

Fact and

Genuineness of Documents.

1

---

3.

Crosstowne

has failed to respond

to

the Complaint and has failed to provide

a

sworn response

to

the

Request for Admission of Fact and Genuineness of Documents.

4.

Crosstowne is an

Illinois limited

liability company in good standing.

5.

Michael R.

Shamsie is the agent for Crosstowne and the principal office of

Crosstowne

is located

at 455

42nd

Avenue, East Moline, Illinois.

6.

Mr. Shamsie is

a licensed professional engineer and the president of an engineering

firm known as

Landmark Engineering Group, Inc. whose principal

office is located

at

455

42nd

Avenue,

East Moline, Illinois.

7.

Crosstowne is

developing

a

residential housing area commonly referred to as

Crosstowne

Place located near

the intersection of 11th Avenue and Hospital Road, in

Silvis,

Rock

Island County,

Illinois.

8.

Crosstowne Place

discharges storm water into a small unnamed

stream

that passes

along the

south side of the

site and eventually discharges into the

Mississippi River.

9.

When James E.

Kammueller of the Illinois EPA

originally

inspected the

construction

site

at

Crosstowne Place on

November 16, 2004, eight (8) homes

were

currently in some

phase

of

construction.

10.

On

November 16, 2004,

approximately half the three and 2/1 Oths (3.2) acre site was

barren

without erosion

control measures and

sediment deposits were present in the unnamed

stream

and also

upstream of the pond

outlet

area

at

the rear of homes.

11.

At

the time of the

November 16, 2004 inspection, Crosstowne had not

applied

for

National

Pollutant

Discharge Elimination

System (NPDES”) storm water permit

coverage

for

Crosstowne

Place and had no

Storm Water

Pollution Prevention Plan (SWPPP”).

12.

On

January 24, 2005, Illinois EPA

issued NPDES permit No.

ILR1OC2O5

to

2

---

Crosstowne

after

a corrected

“Notice

of Intent”

(NOl)

was submitted

listing

Crosstowne

rather

than

Landmark Engineering

as

the

site

owner.

13.

When

Mr. Kammueller

returned

to

re-inspect

the

status

of

storm

water

controls

on

January

25,

2005,

a

row

of un-secured

straw

bales

had

been

placed

at the

edge

of

the

small

stream

on the south

side

of the

site

but

no erosion

controls

were

in place

for

the

barren

area

to

the

west.

14.

When

Mr.

Kammueller

re-inspected

the

Crosstowne

Place site

on January

27,

2006,

the lots

on

the

west end

of

the

cul-de-sac

were

not

seeded,

did

not

have

sod

placement,

and

the

vegetative

density

was less

than 70%.

15.

A

“Notice

of Termination”

(NOT)

was

submitted

by

Crosstowne

and

the

NPDES

permit

was terminated

on

July

11,

2006.

16.

When Mr.

Kammueller

re-inspected

the Crosstowne

Place

site on

September

20,

2006,

the

vegetation

cover

was

not

at

the minimum

70%

density

for

vacant

lots 7,

8, and

9

nor

along the

very

south

sides of

lots

2,

3, 4, 5,

and 6.

17.

Crosstowne

began

construction

activities

at

Crosstowne

Place

without

first obtaining

coverage

under

the

NPDES

permit.

18.

Crosstowne

failed

to

maintain

in

good

working

order

erosion

and

sediment

control

measures

at Crosstowne

Place.

19.

Crosstowne

caused

or allowed

sediment

deposits

to accumulate

in the

unnamed

stream

and also

upstream

of

the pond

outlet

area

at

the rear

of

the

site.

20.

Crosstowne

submitted

a

NOT

for

the

site

without

first achieving

final stabilization as

required

by

the

NPDES

general

permit.

21.

Adjacent

to

Crosstowne

Place is

residential

property

commonly

known

as 1128

3

---

Hospital

Road,

Silvis,

Illinois,

owned

by

Randall

Ward

and

Toni

Ward

(the

“Ward

Property”).

22.

Due

to the

higher

elevation

of

the storm

water

inlet

Crosstowne

placed

at

the

southeast

corner

of

the site,

storm

water

is

caused

to

back

up

in

the

road

ditch

south

along

Hospital

Road.

23.

Because

Crosstowne

did not

extend

the

outlet

for

the

sewer

along

the

south

side

of

the

site

far

enough

to

the

west,

storm

water

is

caused

to

flood

the

backyard

of the

Ward

Property.

N.

ARGUMENT

Counts

lii

(Water

Pollution)

and

IV

(Permit

Violations)

of

the Complaint

are directed

at

Crosstowne.

Attached

hereto

as

Exhibit

‘A”

is the

Affidavit

of

James

Kammueller.

Attached

hereto

as Exhibit

“B” is

the Request

for

Admission

of Fact

and

Genuineness

of

Documents

Directed

to

Crosstowne

Place,

L.L.C.

Crosstowne

failed

to

respond

to

the

Request

for

Admission

of Fact

and

Genuineness of

Documents.

All

statements of

fact set

forth

in

the

Request

for

Admission

of Fact

and

Genuineness

of

Documents

are

admitted.

The

genuineness

of the

NPDES

permit

and

NOT

attached

to

the

Request

for

Admission

of

Fact

and

Genuineness

of

Documents

is

admitted.

Section

101.618(f)

of the

Board’s

Procedural

Rules,

35111.

Adm.

Code

101.618(f).

Michael

R.

Shamsie

is

the

agent

for

Crosstowne.

Mr.

Shamsie

is also

a

licensed

professional

engineer

and the

president

of

an

engineering firm

known

as

Landmark

Engineering

Group,

Inc.

Landmark

Engineering Group,

Inc. and

Crosstowne

share

the

same

principal

office

located

at

455 42nd

Avenue,

East

Moline,

Illinois.

Landmark

Engineering

Group,

Inc.

has

approximately

30 employees

in

four

offices:

Elgin

and

East

Moline,

Illinois;

Clinton,

Iowa;

and

Kansas City,

Missouri.

Its

staff

includes

licensed

engineers

and land

surveyors.

Among

the

4

---

services

provided

by

Landmark Engineering

Group,

Inc.

are “commercial and

residential site

design.”

1

As

a

licensed

professional

engineer

and president

of

Landmark

Engineering

Group,

Inc.

Mr.

Shamsie

was well aware

of the

requirements

of obtaining coverage

under the general

NPDES

storm water

permit

and

of

preparing

and

implementing an adequate

SWPPP.

The unnamed

stream at

Crosstowne

Place and

the

Mississippi

River

are

“waters”

of

the

State as

that

term

is defined

in Section 3.550

of

the

Illinois Environmental

Protection

Act

(“Act”),

415

ILCS 5/3.550 (2006).

The Storm water

discharged from

the

Crosstowne

Place

site constitutes

a “contaminant” as

defined by Section

3.165 of the

Act, 415 ILCS

5/3.165. The

storm

water system

at

Crosstowne

Place

constitutes a “point source”

as

that

term is defined in

the federal Clean

Water

•Act,

33

U.S.C.

§

1362(14).

On

January 24, 2005,

Illinois EPA

issued NPDES

permit No. 1LR10C205

to Crosstowne

after a

corrected

“Notice of Intent”

(NOl) signed

by Mr.

Shamsie

listing Crosstowne

rather

than

Landmark

Engineering

as the site owner

was submitted.

The

NPDES

permit

issued

to

Crosstowne

required

itto

develop

a SWPPP

according to good

engineering practices

(Permit,

Part

IV).

Implementation

of the

provisions

of the SWPPP

is

a

condition of the

NPDES permit.

The

SWPPP

must

be completed

prior to the start

of

the construction.

(Permit,

Part IV.A.1). The

SWPPP

must be

signed

and

retained

on site

(Permit, Part IV.B.1).

A

“Notice

of Termination”

(NOT)

was

submitted by

Crosstowne and

the

NPDES permit

was terminated

on July 11,

2006.

By

filing

a

NOT

Crosstowne

certified

that all disturbed

areas of the

site

had

been

finally stabilized

(Permit, Part

II.F.1.d).

“Final stabilization”

means

that

a

uniform perennial

vegetative

cover

with

a

density of 70%

cover for

unpaved areas and

areas

not covered

by

permanent

structures has

been

established

(Permit,

Part VIII).

1

Landmark

Engineering

Group,

Inc.,

www.landgroup.biz

(accessed

on

February

18,

2009)

5

---

Crosstowne

commenced

construction and

development activity

at

the Crosstowne

Place

site without first

obtaining coverage under the NPDES permit and without a SWPPP. Only

after

inspector

Kammueller visited the site on November 16, 2004 did Crosstowne apply for

coverage

under

the

NPDES permit. During the November 16, 2004 inspection, sediment deposits

were

observed

to be

present

in the unnamed

stream

and

also

upstream of the pond outlet area at

the

rear of homes. When

Mr.

Kammueller re-inspected the Crosstowne Place site on September

20,

2006,

after

the NOT had been submitted, final stabilization had not been achieved. Because

Crosstowne placed

the

storm water

inlet at the

southeast corner

of

site

at too high an elevation

and

did not extend the

outlet

for

the sewer

along the south side far enough

to

the west, storm

water

from

the site is causing damage to the Ward

Property.

There is no genuine issue of material fact as to any of the following: a) Crosstowne caused,

allowed or threatened

to cause

water pollution by failing to provide adequate storm water pollution

controls, in violation of Section 12(a) of the Act, 415 ILCS 5/12(a)(2006); b) Crosstowne failed

to

obtain

coverage under the general

NPDES storm water permit prior to commencing construction

site activities, in violation of 35 Ill. Adm. Code

309.102(a)

and

Section 12(f) of the Act, 415 ILCS

5/12(f) (2006); c) Crosstowne

failed

to

prepare and implement an adequate SWPPP in violation

of 35 Ill. Adm. Code 309.102(a) and

Section 12(f) of the Act, 415 ILCS 5/12(f) (2006); and

d)

Crosstowne submitted an NOT

prior

to

final stabilization being achieved at the site in violation

of

35 Ill. Adm. Code 309.102(a) and Section

12(f)

of the Act,

415 ILCS 5/12(f)

(2006).

Ill. IMPACT ON THE PUBLIC

RESULTING

FROM ALLEGED NON-COMPLIANCE

After the Board finds a violation, the

Board considers the factors set forth in Section

33(c)

of

the Act, 415 ILCS 5/33(c) (2006), to create

an appropriate remedy. Those factors are:

6

---

1

the character and

degree

of injury to, or interference

with

the

protection

of the

health, general

welfare and physical

property of the people;

2.

the

social

and

economic

value

of the

pollution

source;

3.

the suitability or unsuitability

of the

pollution

source to the area

in which it is located,

including the question

of priority of

location in the area involved;

4.

the

technical practicability

and economic reasonableness

of reducing

or eliminating

the emissions,

discharges or deposits

resulting from

such pollution

source;

and

5.

any subsequent

compliance.

In response

to

these

factors, the

Complainant states

the following:

1.

The water quality of

the unnamed

stream

at

the site and

the Mississippi River

was

adversely affected by

the inadequate storm

water pollution

controls

and

Crosstowne’s

failure to

comply

with the NPDES general

storm water permit.

2.

There is

social

and economic

benefit in the construction

of

new

homes

at the

site.

3.

Construction activity

at the

site

was

suitable for the area

in which it

occurred.

4.

Providing

adequate storm

water pollution

controls and complying

with

the

NPDES

general storm water

permit were both technically

practicable and

economically

reasonable.

5.

Sod

placement

was done around completed

homes

but 70% grass

cover was

not

achieved

for all

the

lots.

A

NOT was submitted

by Mr.

Shamsie

on

June

26, 2006 and the permit

was

terminated on July 11,

2006.

IV. CONSIDERATION

OF SECTION

42(h)

FACTORS

To

impose a

civil penalty, the Board

must consider the

factors contained

within Section

42(h)

of

the

Act, 415 ILCS 5/42(h)

(2006). Those

factors are:

7

---

1.

the

duration and

gravity

of the

violation;

2.

the presence

or

absence

of due diligence

on

the part

of

the

respondent

in

attempting

to

comply with

requirements

of this

Act

and

regulations

thereunder

or

to

secure relief

therefrom

as

provided

by this

Act;

3.

any economic

benefits

accrued

by

the

respondent

because

of

delay in

compliance

with

requirements,

in

which

case

the

economic

benefits

shall be determined

by the

lowest cost

alternative

for

achieving

compliance;

4.

the amount

of

monetary

penalty which

will serve to

deter

further violations

by

the

respondent

and

to otherwise

aid in

enhancing

voluntarycompliance with

this

Act by

the respondent

and other

persons

similarly

subject

to the

Act;

5.

the number,

proximity

in time, and

gravity of

previously

adjudicated

violations

of this

Act by

the respondent;

6.

whether

the

respondent

voluntarily

self-disclosed,

in

accordance

with subsection

(I)

of

this

Section,

the

non-compliance

to

the Agency;

and

7.

whether

the respondent

has

agreed

to

undertake

a

“supplemental

environmental

project,”

which means

an

environmentally

beneficial

project

that

a respondent

agrees

to undertake

in

settlement

of

an

enforcement

action brought

under

this Act,

but

which

the respondent

is not otherwise

legally

required

to

perform.

In response

to these

factors, the

Complainant

states

as follows:

1.

At

the

time

of

the

November

16,

2004

inspection,

Crosstowne

had

not applied

for

NPDES

storm

water

permit

coverage

for

Crosstowne

Place

although

construction

had

already

commenced.

Portions

of

the

site were barren

without

erosion

control

measures

and sediment

deposits

were

present

in

the

unnamed

stream

and also

upstream of

the pond

outlet.

When Mr.

8

---

Kammueller re-inspected the Crosstowne Place site on September 20, 2006, final stabilization

had

not been achieved even though the NOT

had been

submitted by Crosstowne.

2.

After inspector

Kammueller

visited the site on

November

16, 2004 Crosstowne did

apply for coverage under

the

NPDES permit. Subsequent inspections found

the

storm

water

pollution

controls

remained inadequate. An NOT

was

submitted

by

Crosstowne

in June 2006 even

though

final stabilization had not been achieved.

3.

Crosstowne delayed or avoided the costs of implementing adequate erosion control

measures at the site, delayed obtaining

coverage

under the general NPDES permit

and

prematurely terminated the permit. Crosstowne benefitted economically

as a resUlt

of

these acts

of non-compliance.

4.

Complainant

has

determined, based upon the specific facts

of

this

matter, that a

penalty of Fifteen

Thousand Dollars

($15,000)

will serve to deter further violations and aid

in

future

voluntary

compliance

with the Act and Board Regulations.

5.

To Complainant’s knowledge, Crosstowne has no previously adjudicated violations

of the Act.

6.

Crosstowne did not voluntarily disclose the violations involved in this case.

7.

The

adjudication of this matter does not include a supplemental

environmental

project.

WHEREFORE, Complainant, People of the State of Illinois, respectfully requests

that the

Board enter a final order:

A)

Granting Complainant’s motion for summary

judgment on Counts

III

and IV of

the

Complaint;

9

---

B)

Finding

that

the

Respondent,

CROSSTOWNE

PLACE

DEVELOPMENT,

L.L.C.,

violated

Sections

12(a)

and 12(f)

of

theAct,

415 ILCS

5/12(a)

(2006), and4l5

ILCS

5/12(f) (2006),

and

Section

309.102(a)

of

the Board’s

Regulations,

35111.

Adm.

Code

309.102(a);

C)

Ordering

the

Respondent,

CROSSTOWNE

PLACE

DEVELOPMENT,

L.L.C.,

to

cease

and desist

from any further

violations

of

the

Act and

associated

Board

Regulations;

D)

Ordering

the

Respondent,

CROSSTOWNE

PLACE

DEVELOPMENT,

L.L.C.,

to

lower

the

storm water

inlet at the

southeast

corner

of

the

site

and to

extend the

sewer along

the

south side

far

enough to

the

west to

avoid

flooding

of the

adjacent

Ward

Property.

E)

Awarding

the

Complainant

a

penalty

of

$15,000

for

the violations

of

the Act

and

associated

Board

Regulations;

F)

Granting

such other

relief

as

the Board

deems

appropriate.

Respectfully

submitted,

PEOPLE

OF THE

STATE

OF

ILLINOIS

LISA

MADIGAN

ATTORNEY

GENERAL

MATTHEWJ.

DUNN,

Chief

Environmental

Enforcement/Asbestos

RAYMOND

. GALLERY

Environmental

Bureau

Assistant

Attorney

General

500

South

Second

Street

Springfield,

Illinois

62706

(217)

782-9031

Dated:

March 2,

2009

10

V

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF

ILLINOIS,

)

Complainant,

)

vs.

)

No. PCB 07-053

)

(Enforcement-Water)

Moline

Place

Development, L.L.C.,

and

)

Crosstowne Place Development, LL.C.,

)

Respondents

)

AFFIDAVIT OF JAMES E. KAMMUELLER

Upon

penalties

as

provided by law pursuant to Section 1-109 of the Code of

Civil

Procedure, the undersigned certifies that the statements set forth in this instrument are true and

correct, except as to matters

therein

stated to be on

information

and belief and as to such matters

the

undersigned certifies

as

aforesaid that I verily believes the same to be true:

1.

I, JAMES E.

KAMMUELER, am employed

by the

Illinois Environmental Protection

Agency (“Illinois

EPA”), as an inspector for the Division of Water

Pollution

Control, Field Operations

Section,

Peoria

Region.

2.

As

part

of my duties with

Illinois

EPA I inspected the residential housing

development known as

Crosstowne Place located near

the

intersection

of

11th

Avenue

and

Hospital

Road, in Silvis,

Illinois

on

November 16 and

17, 2004, January

25, 2005,

January 27,

2006, and

September 20, 2006.

3.

My

inspections of

Crosstowne Place included

walking around the

site, observing

the

conditions present at the site,

taking photographs, and preparing reports documenting my

observations

and factual conclusions.

4.

My

reports concerning my inspections of the Crosstowne Place site on November

16 and

17, 2004,

January

25,

2005, January 27, 2006, and September 20, 2006 are attached

to

this

affidavit and

accurately

record

my observations and

factual

conclusions

with respect to this

1

Exhibit A

---

site.

5.

Crosstowne Place Development, L.L.C. (Crosstowne”),

the

owner

of the

development,

commenced construction

activities

at Crosstowne Place without first obtaining

coverage

under the general NPDES permit for construction site activities.

6.

Crosstowne failed to maintain in good working order erosion and

sediment control

measures at Crosstowne Place.

7.

Crosstowne caused or allowed sediment deposits to accumulate in the unnamed

stream and also upstream of

the

pond outlet area at the rear of the site.

8.

Crosstowne submitted a Notice of

Termination (“NOT”) for

the

site without

first

achieving final stabilization as required by the NPDES general permit.

9.

Adjacent to Crosstowne Place is

residential property

commonly known as 1128

Hospital Road, Silvis, Illinois, owned by Randall Ward and Toni Ward (the “Ward property”).

10.

Due

to the

higher elevation of

the

storm water inlet Crosstowne placed at the

southeast

corner of the site, storm water is caused to back

up

in the road ditch south along Hospital

Road.

11.

Because Crosstowne did not extend the outlet for the sewer along the south

side

of the site

far

enough to the west, storm

water

is

caused to flood the backyard of the

Ward

Property.

FURTHER

AFFIANT SAYETH NOT.

A

Subscribed and Sworn

to before me

4114

z/rn,inijZ__—

this

day of

MES E. KAMMUELLER

NOTARY PUBLIC

2

OFFICIAL

SEAL

CONTAMCE

J. COLLINS

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7

MEMORANDUM

SUBJECT:

Silvis

-CrossTowne

Place

Subdivision

(Rock

Tsland)

Storm

Water

Inspection

ILRIOC2O5

TO:

DWPC/FOS

and

RU

FROM:

James

E.

Kamrnueller,

DWPC/FOS,

Peoria

Region

DATE:

January

25,

2005

INTERVIEWED:

Mike

Shamsie,

Owner/Developer

(by

phone

2-9-05)

On

the

above

date,

the

subject

inspection

was

conducted

as

a

follow-up

to

my

11-1

6-04

visit.

At

this

time

sod

had

been

placed

in

and

around

the retention

pond.

A

small

volume

of

1]ow

(snowmelt)

was

entering

the pond

and

being

discharged.

A

row

of

straw

bales

had

been

placed

at the

edge

of the

small

stream

located

behind

the

five

(5)

homes

on

the

south

side

of

the

subdivision

street

(see

sketch).

No

erosion

controls

were

in place

for

the

barren

area

west

of

these

five

homes.

Summary

1.

Permit

ILR1OC2O5

was

issued

1-24-05.

2.

The

retention

pond

outfall

structure

needs

to

be

modified

so

that

the

pond

retains

water.

3.

The

straw

bales

need

to be

staked.

4.

Refer

to

11-16-04

report

summary

for additional

items.

James

E.

Kammueller

JEKJpf

Attachment(s):

-Sketch

-Photos

RECEIVED

Division

of

Legal

Counsel

cc:

-Peoria

Files

-Mike

Shamsie

AUG

312005

Environmental

Protection

Agency

---

•

/1

)r

M’

7rI.

?A

(N

C

,4

T1

21

%J

64/hE[_1

//2

P1

r

‘1

‘4i)

-

---

MEMORANDUM

SUBJECT:

Silvis

-CrossTowne

Place

Subdivision

(Rock

Island)

Storm

Water

Inspection

ILR1’0C205

TO:

DWPC/FOS

and

RU

FROM:

James

E.

Kammueller,

DWPC/FOS,

Peoria

Region

DATE:

January

27,

2006

Sod

placement

around

completed

homes

appeared

adequate.

The

lots

on

the

west

end

of

the

cul-de-sac,

near

the

retention

pond,

were

not

seeded,

or

have

sod

placement,

and

the

vegetative

density

was

<70%.

No

particular

erosion

problemswere

noted

in

this

area

that

still

includes

the

brusWtree

dump

pile.

The

retention

pond

outfall

did

not

appear

to

have

been

modified

to

allow

the

pond

to

hold

water.

James

E.

Kanunueller

JEK!pf

Attachment(s):

-Photo

cc:

-T.

Andryk,

DLC

Peoria

Files

---

MEMORAND3M

SUBJECT:

Iliv

—Cr.:3Tcw:ie

-]aoe

OivLsion

(ok

Island

County)

Storm

Water

Insnect.ton

IL

RIO

COO

5

TO:

Dv1PC!O5

and

RU

FROM:

James

.

L<ammuel..Ler.

,

u1Pu

t:,

Oorra

DATE:

September

20,

2006

On

the

above

date,

the

subecL

visit

was

made.

it

was

noted

t..hat

70%

density

qrass

cover

was

not

achieved

in

the

lot

7,

9

or

9

areas,

Including

the

burn

pile

area

(Photos

#2

&

3:

near

the

retentcn

pond

outtall,

and

aion

the

very

south

sioes

of

lots

2,

3,

1,

S

and

6

(Photo

#a)

.

Lots

1,

and

9

remain

vacant

with

no

construction

to

date.

A

NOT

was

submitted/signed

on

6—26—06

by

Mr.

Shamsie

and

this

permit

terminated

on

7—11—06.

‘I

iJmes

E.

Kammueller

JEK/jij

Attachment(s):

Map

Photos

cc:

—Peoria

Files

—T.

Andryk,

DLC

•

RECEIVED

DlVISiO

of

Legal

Counsel

NOV

22

2LO$

Environmenta,

Protectjo

Agency

S

:\A.dmin

Support\B()W

Inspection.

Reports\Sivi.s

storm

water

inspection

9—2006.doc

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

PEOPLE

OF THE

STATE

OF

ILLINOIS,

)

)

Complainant,

)

vs.

)

No. PCB 07-53

(Enforcement-Water)

MOLINE PLACE

DEVELOPMENT,

L.L.C.,

)

and

CROSSTOWNE PLACE

)

DEVELOPMENT,

L.L.C.,

)

Respondents.

REQUEST

FOR

ADMISSION OF

FACT AND

GENUINENESS

OF DOCUMENTS

DIRECTED

TO

CROSSTOWNE

PLACE

DEVELOPMENT,

L.L.C.

The PEOPLE OF THE

STATE OF

ILLINOIS, ex rel.

LISA MADIGAN,

Attorney General

of

the

State

of Illinois, pursuant

to Supreme Court

Rule

216

and Section 101.618

of the

Board’s

Procedural

Rules,

35111.

Adm.

Code 101 .618, submits

to CROSSTOWNE

PLACE

DEVELOPMENT, L.L.C.

(‘Crosstowne”)

this request for

the admission of

the truth of the

following specified

relevant facts

and the genuineness

of the

attached documents

within 28

days

after

service

hereof.

Failure

to respond

to the

following

requests

to admit within

28 days

may

have severe

consequences. Failure

to

respond

to the following requests

will result in all

the

facts

requested being

deemed admitted

as true for this

proceeding. If

you

have any questions

about

this procedure, you

should contact the

hearing officer assigned

to

this

proceeding

or

an

attorney:

1.

Crosstowne

is an Illinois limited

liability company

in good standing.

2.

Michael

R.

Shamsie

is the agent

for

Crosstowne and

the

principal office

is

located

at 455 42

Avenue,

East Moline, Illinois.

3.

Mr.

Shamsie

is

a

licensed

professional

engineer and the president

of an

1

Exhibit

B

---

engineering

firm

known

as

Landmark

Engineering

Group,

Inc. whose

principal

office

is

located

at

455

42nd

Avenue,

East Moline,

Illinois.

4.

Crosstowne

is

developing

a residential

housing

area commonly

referred

to as

Crosstowne

Place

located near

the

intersection

of

11th Avenue

and Hospital

Road,

in Silvis,

Rock

Island

County,

Illinois.

5.

Crosstowne

Place

discharges

storm

water

into

a

small

unnamed

stream that

passes

along

the south

side of the

site

and

eventually

discharges

into the Mississippi

River.

6.

When

James

Kammueller

of the Illinois

EPA originally

inspected

the construction

site

at

Crosstowne

Place

on

November

16,

2004,

eight

(8) homes

were

currently

in

some phase

of construction.

7.

On November

16, 2004,

approximately

half

of the

three and

2/l0ths

(3.2)

acre

site was

barren without

erosion

control

measures

and

sediment

deposits

were

present

in the

unnamed

stream

and also

upstream

of the

pond outlet

area

at the

rear

of

the

homes.

8.

At the

time

of the

November

16,

2004

inspection,

Crosstowne

had

not applied

for

National

Pollutant

Discharge

Elimination

System

(“NPDES”)

storm water

permit

coverage

for

Crosstowne

Place

and

had

no Storm

Water

Pollution

Prevention

Plan

(“SWPPP”)

on

site.

9.

On January

24,

2005,

Illinois EPA

issued NPDES

permit

No. ILR1

00205

to

Crosstowne

after

a

corrected

‘Notice of

Intent

(NOl)

was submitted

listing

Crosstowne

rather

than

Landmark

Engineering

as the

owner.

10.

When

Mr.

Kammueller

returned to

re-inspect

the status

of

storm

water controls

on January

25, 2005,

a

row of un-secured

straw bales

had

been

placed

at

the

edge of the

small

stream

on

the

south side

of the site

but

no erosion

controls were

in place

for the barren

area

to

the

west.

11.

When Mr.

Kammueller

re-inspected

the

Crosstowne

site on

January 27,

2006,

2

---

the

lots on the west

end

of

the cul-de-sac were

not

seeded,

did

not

have

sod

placement

and

the

vegetative

density

was

less than

70%.

12.

A “Notice

of Termination”

(NOT)

was submitted

by

Crosstowne

and the NPDES

permit was

terminated

on July 11, 2006.

13.

When Mr.

Kammueler

re-inspected

the Crosstowne site

on September 20,

2006,

the vegetation

cover

was not

at

the minimum 70% density

for

vacant

lots

7, 8, and 9 nor

along

the very

south sides of

lots

2,

3,

4,

5,

and 6.

14.

Crosstowne

began construction

activities

at Crosstowne Place

without first

obtaining

coverage

under

the

NPDES permit.

15.

Crosstowne failed

to actively maintain

erosion

and

sediment

control

measures

at

Crosstowne

Place.

16.

Crosstowne

failed

to

have qualified

personnel

perform inspections

of disturbed

areas of the construction

site

that had not been

finally stabilized

at

least

every seven

calender

days and

within 24

hours of the

end of a storm that is

0.5 inches or greater

or equivalent snow.

17.

Crosstowne failed

to have disturbed

portions of the

site where construction

activities

had temporarily

or permanently

ceased

stabilized with seeding

no later than 14 days

after the

last construction

activity in that

area.

18.

Crosstowne failed

to submit

within

5 days an “Incidence

of Noncompliance”

(ION)

report for violations

of the

SWPPP

observed during

a periodic inspection.

19.

Crosstowne

submitted a NOT concerning

the construction

site although the

site

had not been finally

stabilized.

20.

Adjacent

to Crosstowne

Place is

residential

property

commonly known

as

1128

Hospital

Road, Silvis, Illinois,

owned

by

Randall Ward

and

Toni

Ward (the

“Ward

property”).

21.

Due to the higher

elevation

of the storm

water inlet

at

the southeast

corner of

the

3

---

Crosstowne

Place

site storm

water backs up in

the

ditch south along Hospital Road

and drains

onto

the

Ward property.

22.

The storm water

inlet at

the southeast corner of the

Crosstowne Place

site

needs to be lower to avoid

drainage

onto

the

Ward property.

23.

The storm sewer installed along the

south side of the Crosstowne

Place site

needs

to be

extended further to the west to

avoid drainage onto the Ward

property.

24.

Installation of a berm

is necessary to direct storm water

discharges from the

storm sewer outlet at the southeast

corner of the Crosstowne

Place

site

away

from the Ward

property.

25.

Attached hereto as

Exhibit “A” is a true

and correct copy of the NPDES

permit

issued to

Crosstowne

on

January 24,

2005,

26.

Attached hereto

as

Exhibit “B” is a true and correct copy of the NOT

submitted

by

Crosstowne on June 26, 2006.

Respectfully Submitted,

PEOPLE

OF THE STATE OF

ILLINOIS,

ex

rel. LISA MADIGAN,

Attorney General of the State of

Illinois

MATTHEW J. DUNN,

Chief

Environmental

Enforcement!

Y

NDJ.CALLERY

Assistant Attorney

General

Environmental Bureau

500 South

Second

Street

Springfield,

Illinois

62076

(217)

782-9031

Dated:

October 24,

2008

4

---

General

NPDES Permit No.

ILRIO

Illinois

Environmental

Protection

Agency

Division

of

Water

Pollution

Control

1021 North

Grand Avenue East

Post

Office Box 19276

Springfield,

Illinois 62794-9276

www.ea.state.iI.us

NATIONAL

POLLUTANT

DISCHARGE ELIMINATION

SYSTEM

General

NPDES Permit

For

Storm Water

Discharges

From Construction

Site Activities

Expiration Date:

May

31

2008

Issue Date:

May 30,

2003

Effective Date:

June 1

2003

In compliance with

the provisions

of

the

Illinois

Environmental

Protection

Act, the Illinois

Pollution Control

Board Rules and Regulations

(35 III. Adm.

Code,

Subtitle

C,

Chapter I), and the

Clean Water Act, and the

regulations thereunder

the following discharges

are authorized by this permit,

in

accordance with the

conditions and attachments

herein:

Permit Signed

May 30, 2003

Toby

Frevert,

P.E.

Manager

Division of Water

Pollution Control

Part

I. COVERAGE UNDER THIS

PERMIT

A.

Permit Area. The

permit covers all

areas of

the State

of

Illinois with discharges

to any

waters

of

the

State.

B.

Eligibility.

1.

This permit

shall authorize all discharges

of storm

water

associated with

industrial activity

from construction sites that will

result in the disturbance of

one or

more acres total land

area,

construction

sites less

than

one acre of

total land

that

is part of a larger common

plan

of

development

or

sale

if

the

larger common

plan

will ultimately

disturb one or more

acres

total land

area or construction sites that

are designated by the

Agency

that have

the

potential for contribution to

a

violation of water

quality standard

or significant contribution

of pollutants

to

waters of the State, occurring after

the

effective date

of this permit (including

discharges

occurring after the

effective

date

of this permit where

the

construction activity

was initiated before

the

effective

date of this

permit), except

for

discharges

identified

under

paragraph

I.B.3 (Limitations on Coverage).

2.

This permit

may only

authorize

a storm

water discharge

associated with

industrial activity

from a construction site

that

is

mixed with a storm

water

discharge from an

industrial source other

than

construction,

where:

a.

the

industrial

source other

than

construction

is located

on

the same site

as the construction

activity;

b.

storm water

discharges associated

with

industrial

activity

from the

areas of the site where

construction activities

are occurring are in

compliance

with the terms

of this permit;

and

c.

storm

water

discharges associated

with industrial

activity from

the areas of the site

where industrial activity other

than

construction

are

occurring

(including

storm

water

discharges from dedicated

asphalt plants

and

dedicated

concrete

plants)

are covered by a different

NPDES

general permit

or

individual

permit authorizing such

discharges.

3.

Limitations

on Coverage.

The

following storm

water

discharges

from

construction

sites are

not

authorized by

this permit:

a.

storm

water discharges

associated with industrial

activity that originate

from

the site

after

construction

activities have

been completed and the

site

has undergone

final

stabilization;

b.

discharges

that are

mixed with sources

of non-storm

water

other

than discharges

identified in Part lIl.A

(Prohibition

on

Non-Storm

Water

Discharges) of this

permit and in

compliance with

paragraph lV.D.5 (Non-Storm

Water

Discharges)

of this permit;

c.

storm

water discharges

associated with

industrial activity that

are

subject

to

an existing

NPDES

individual

or

general permit

or

which

are

issued a

permit in accordance

with Part VI.N

(Requiring an

Individual

Permit or an Alternative General

Permit)

of this

permit.

Such discharges

may

be authorized

under

this permit

after

an

existing

permit

expires

provided

the existing

permit did not establish

numeric limitations for such

discharges;

rt.:t.:.

A

---

Page

2

NPDES

Permft No. ILRIO

d.

storm water discharges

from construction sites that the Agency has determined

to

be or may

reasonably

be

expected

to

be contributing

to a

violation

of

a

water quality standard;

and

e.

Storm water discharges

that the Agency,

at

its discretion, determines are not appropriately authorized or controlled by

this general

permit.

f.

Storm water discharges

to any receiving water identified under 35 III. Adm. Code

302.105(d)(6).

C.

Authorization.

1.

In order

for

storm water discharges

from construction sites to be authorized to

discharge under this general permit

a

discharger must submit

a

Notice of Intent (NOl) in accordance

with the requirements of

Part II below, using

an

NOl form

provided

by the

Agency,

or be

covered

by

a valid

Illinois General NPDES

Construction Site Activities Permit.

2.

Where

a

new operator

(contractor) is selected after the submittal of an

NOl

under

Part II below, a new Notice of Intent (NOl) must be

submitted by

the owner

in accordance with Part II.

3.

For projects

that

have complied with

State

law

on

historic preservation and endangered

species prior

to

submittal of the NOl, through

coordination

with the Illinois Historic Preservation

Agency and the

Illinois Department of Natural Resources or through

fulfillment of

the

terms

of interagency

agreements with those agencies,

the NOl shall indicate that such

compliance

has

occurred.

Unless

notified

by the Agency to the contrary, dischargers who submit an

NOl in accordance with the requirements of this

permit

are authorized

to discharge storm water from construction sites under the terms and conditions of this

permit in

30 days

after the date the NOl is

post marked.

The Agency may

deny

coverage under this permit and require

submittal

of

an application for an individual NPDES permit based on a review of

the NOl or other information.

Part II. NOTICE OF INTENT

REQUIREMENTS

A.

Deadlines for Notification.

1.

To receive authorization under this general permit,

a

discharge must either be covered by a

valid Illinois General NPDES Construction Site Permit,

or

a

completed Notice

of Intent (NOl) in

accordance with

Part

VI.G (Signatory Requirements)

and the requirements of this part must be

submitted

prior

to the commencement of construction. The

NOl

must be submitted

at least 30 days prior to the

commencement

of

construction.

2.

Discharges

that

are

covered

by a

valid Illinois General NPDES Construction Site Activities

Permit

as

of May31, 2003 are automatically

covered

by

this

permit.

3.

A discharger may submit an NOl in accordance with the requirements

of

this

part

after

the start of construction.

In such

instances,

the

Agency may

bring

an enforcement action for any discharges of

storm water associated with industrial activity from a

construction site

that

have occurred

on or

after the start of construction.

B.

Failure

to Notify.

Dischargers who fail

to

notify the Agency of their intent to be

covered, and discharge storm

water associated with

construction site

activity

to Waters of

the

State

without

an

NPDES permit, are in violation of the

Environmental

Protection Act and Clean

Water

Act.

C.

Contents

of Notice

of Intent.

The Notice of Intent

shall

be signed in accordance

with

Part Vl.G

(Signatory Requirements) of this permit by all of

the

entities identified

in

paragraph 2 below and shall include the following information;

1.

The mailing address, and location of the construction site for which the

notification is submitted. Where a mailing

address for

the site is not

available,

the

location can

be

described in terms of the

latitude

and longitude of the

approximate

center of the facility to the nearest 15 seconds, or

the nearest

quarter section (if the section, township and range is

provided) that the construction site is located in;

2.

The owner’s name, address, telephone number, and status as

Federal, State, private, public

or

other entity;

3.

The name, address and telephone number of the general

contractor(s)

that

have been identified at the

time

of

the

NOl

submittal;

4.

The name of

the receiving water(s),

or

if the discharge is through a

municipal separate storm sewer, the name of the

municipal

operator of the storm

sewer

and the

ultimate

receiving

water(s);

5.

The number of any

NPDES permit for any discharge (including non-storm

water discharges) from the site that is

currently authorized

by an NPDES

permit;

6,

A yes

or

no

indication of whether the owner or

operator

has

existing quantitative data which describes the

concentration of pollutants in storm water

discharges

(existing

data should not be

included as part of the NOl); and

7.

A brief

description of the project, estimated timetable

for major activities, estimates of the number of acres

of

the

site

on

which soil will be disturbed,

and a

certification that

a

storm water pollution prevention

plan

has

been or will be prepared for the

facility in

accordance

with

Part

IV of

this permit

prior to the start

of construction, and

such

plan

provides

compliance

with local sediment and erosion plans or permits

and/or

storm water

management plans or permits in accordance

with paragraph VI.G.1 (Signatory

Requirements)

of

this permit. (A copy of

the

plans

or permits

should not be included with the NOl

submission).

D.

Where to Submit.

1.

Facilities which discharge storm

water associated with construction site activity must use an NOl form

provided by the Agency. NOls

must be

signed in

accordance with Part Vl.G (Signatory

Requirements)

of

this permit. NOIs are to be submitted certified

mail

to the

Agency at

the following

address:

---

Page

3

NPDES

Permit No. ILRIO

Illinois Environmental

Protection Agency

Division

of

Water

Pollution Control

Attention: Permit

Section

1021 North Grand Avenue East

Post

Office Box 19276

Springfield, Illinois

62794-9276

2.

A copy of the letter

of

notification

of

coverage

or other indication that storm water discharges from the site are covered under an

NPDES

permit shall

be posted

at

the site in

a

prominent place for public viewing

(such as alongside a

building

permit).

E.

Additional Notification.

Facilities which are operating under

approved local sediment and erosion plans, grading plans, or

storm water management

plans, in addition

to

filing copies

of the Notice of Intent in accordance with

Part D above,

shall

also submit

signed copies of the Notice of Intent

to

the

local agency approving such plans in accordance with

the deadlines in Part A above. See Part lV.D.2.d (Approved State or

Local Plans).

F.

Notice

of Termination.

Where

a site has been finally stabilized

and all storm water

discharges

from construction

sites that are authorized by this permit

are eliminated,

the

permittee of the facility

must submit a completed Notice

of

Termination that is signed in

accordance

with

Part Vl.G

(Signatory

Requirements) of this permit.

1.

The Notice of

Termination

shall include the following information:

a.

The mailing address, and location of the construction site for

which the notification is submitted.

Where

a

mailing

address

for

the site is not

available,

the

location

can be described in

terms

of the latitude and longitude

of

the approximate center of the

facility to the

nearest

15

seconds, or the nearest quarter

section

(if the section, township and range

is

provided)

that the

construction site

is

located

in;

b.

The owner’s name, address, telephone

number,

and

status as Federal, State, private, public or

other entity;

c.

The name,

address

and telephone number of the general contractor(s); and

d.

The following certification signed in

accordance with Part Vl.G

(Signatory

Requirements) of

this permit:

“I certify

under penalty of law that all

storm water

discharges associated with construction site activity from

the identified facility that are

authorized

by

NPDES general permit ILR1O have otherwise been eliminated.

I

understand that by submitting

this notice of termination, that I

am no

longer

authorized

to discharge storm water associated

with

construction

site activity

by

the

general permit, and that discharging

pollutants in storm water associated with construction site activity

to

Waters of the State is

unlawful under the

Environmental Protection

Act

and Clean Water Act where

the

discharge is

not

authorized

by

a NPDES permit. I also

understand that the

submittal

of

this notice

of

termination does not release an operator from liability for any violations of this permit or the Clean Water

Act.”

For the purposes of this certification, elimination of storm water discharges associated

with industrial activity means that

all disturbed soils

at

the

identified

facility have

been

finally stabilized

and

temporary erosion and sediment control measures have been

removed

or will

be removed

at an

appropriate

time, or that

all

storm

water

discharges associated

with construction activities from the

identified site that are authorized

by

a

NPDES general permit have otherwise been eliminated.

2.

All Notices of Termination are to be sent, using the form provided

by

the Agency, to the address in

paragraph Il.D.1.

Part III.

SPECIAL CONDITIONS, MANAGEMENT PRACTICES, AND OTHER

NON-NUMERIC

LIMITATIONS

A.

Prohibition on Non-Storm Water Discharges.

1.

Except as

provided

in

paragraph l.B.2

and

2 below, all discharges covered by this permit shall be composed

entirely of storm

water.

2.

a.

Except

as

provided in paragraph

b

below, discharges of

materials

other

than storm water must be

in compliance with

a NPDES permit (other

than this permit) issued

for

the discharge.

b.

The

following non-storm water discharges may be authorized by this permit provided the

non-storm water component of the

discharges is in

compliance with paragraph IV.D.5 (Non-Storm Water

Discharges):

discharges from

fire fighting activities; fire hydrant

flushings; waters used to

wash vehicles where detergents are not used; waters used to control dust; potable water sources

including

uncontaminated waterline

fiushings;

irrigation drainages; routine external building washdown which does not use

detergents; pavement

washwaters

where spills

or leaks

of toxic or hazardous materials have

not

occurred (unless all spilled material has been removed)

and where

detergents are not used; air

conditioning condensate;

springs; uncontaminated ground water;

and

foundation or footing drains where

flows are not

contaminated with

process materials such as solvents.

8.

Discharges into Receiving Waters

With an Approved Total Maximum Daily Load (TMDL):

Discharges to

waters for

which

there is a TMDL allocation for sediment or a parameter that

addressed sediment

(such

as

total suspended solids,

turbidity, or

siltation)

are not eligible

for coverage under

this

permit

unless you develop and certify a SWPPP that is consistent

with the

assumptions and

requirements in the approved

TMDL. To

be

eligible

for

coverage under this general permit, operators must

incorporate into their

SWPPP any conditions

applicable to

their discharges necessary for consistency with the assumptions and

requirements of

the

TMDL within

any timeframes established in the

TMDL. If a

specific numeric wasteload allocation has been established that would apply to the project’s discharges,

the operator

must incorporate that

allocation

into its SWPPP and

implement

necessary

steps

to

meet that allocation.

C.

Discharges

covered

by this permit,

alone

or in combination with other sources, shall not cause or

contribute

to a

violation of any

applicable water quality

standard.

---

Page

4

NPDES

Permit

No. ILRIO

Part

IV.

STORM WATER

POLLUTION

PREVENTION

PLANS

A storm

water

pollution prevention

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.

A.

Deadlines

for

Plan

Preparation and

Compliance.

The plan shall:

1.

Be

completed

prior to

the start

of

the

construction

to

be covered

under

this permit and

updated as

appropriate;

and

2.

Provide for

compliance with

the

terms

and

schedule

of

the

plan beginning

with the

initiation of construction

activities.

B.

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

Vl.E

(Duty

to

Provide Information)

of this permit.

2.

Prior

to

commencement

of construction,

the

permittee shall

provide

written

notification

to

the

Agency of

completion

of the SWPPP

and that

said plan

is available

at the

site.

3.

The

permittee

shall

make plans

available

upon

request

from

this Agency

or

a

local agency

approving

sediment and

erosion

plans,

grading

plans,

or

storm

water

management

plans; or in

the

case of a storm

water

discharge

associated

with industrial

activity

which

discharges through

a municipal

separate

storm

sewer

system

with

an NPDES

permit,

to

the

municipal

operator

of the system.

4.

The Agency

may

notify

the

permittee

at

any

time

that the plan

does not meet

one

or

more

of

the minimum

requirements

of this Part.

Such

notification

shall

identify those

provisions

of the permit

which are not

being

met

by

the plan, and

identify which

provisions of

the plan requires

modifications

in

order

to

meet the

minimum

requirements of

this part.

Within

7

days

from

receipt

of

notification

from

the Agency,

the permittee

shall

make

the

required changes

to the

plan

and

shall submit

to the Agency

a written certification

that the

requested

changes

have

been made. Failure

to

comply

shall

terminate

authorization

under this

permit.

5.

All

storm

water

pollution

prevention

plans required

under this

permit

are

considered

reports

that shall

be available to the

public at

any

reasonable

time

upon request.

However,

the

permittee

may

claim

any portion

of a storm water

pollution

prevention plan

as confidential

in accordance with

40

CFR Part 2.

C.

Keeping Plans

Current.

The

permittee shall

amend

the

plan whenever

there is

a change

in

design,

construction,

operation,

or

maintenance,

which

has

a significant

effect

on the

potential

for the discharge

of

pollutants to the

Waters

of the

State and

which has not otherwise

been

addressed

in

the

plan

or if

the

storm

water

pollution

prevention

plan proves

to be

ineffective

in

eliminating

or significantly

minimizing

pollutants

from

sources

identified under

paragraph

D.2

below, or in

otherwise achieving

the

general objectives

of

controlling

pollutants

in storm water

discharges

associated

with

construction

site

activity. In

addition,

the

plan

shall

be amended

to

identify

any new contractor

and/or subcontractor

that will implement

a

measure

of the storm

water

pollution

prevention

plan.

Amendments

to

the plan

may be

reviewed

by

the Agency

in the same

manner

as

Part IV.B

above.

0.

Contents

of Plan. The

storm

water pollution

prevention

plan

shall

include the following

items:

1.

Site

Description.

Each

plan shalt, provide

a

description

of

the

following:

a.

A

description

of

the

nature

of

the construction

activity;

b.

A

description

of the

intended sequence

of major

activities which

disturb

soils

for

major

portions

of the

site

(e.g.

grubbing, excavation,

grading);

c.

Estimates

of the

total

area

of the

site

and

the

total area

of the site that is

expected to be

disturbed

by excavation,

grading,

or other

activities;

d.

An

estimate

of the

runoff coefficient

of the

site

after construction

activities are

completed

and

existing

data describing

the soil or the

quality of

any

discharge

from the

site;

e.

A

site map

indicating

drainage

patterns

and

approximate

slopes anticipated

before

and

after

major

grading activities,

locations

where vehicles

enter or exit

the site and

controls

to

prevent offsite

sediment

tracking,

areas of soil disturbance,

the

location of major

structural

and

nonstructural

controls

identified

in the plan,

the location

of areas

where

stabilization

practices

are

expected to occur,

surface waters

(including

wetlands),

and

locations

where

storm

water is

discharged to

a

surface water;

and

f.

The

name of the

receiving

water(s)

and

the

ultimate

receiving

water(s),

and areal

extent

of wetland acreage

at

the site.

2.

Controls.

Each plan

shall

include

a

description

of appropriate

controls

that

will

be

implemented

at the

construction

site.

The plan

will clearly

describe

for each

major

activity identified

in

paragraph

D.1 above, appropriate

controls

and the

timing during

the construction

process that the

controls

will

be

implemented.

(For example,

perimeter

controls

for one portion

of the site

will

be

installed

after

the

clearing

and

grubbing

necessary

for installation

of

the

measure,

but before

the

clearing

and

grubbing

for the remaining

portions

of

the site.

Perimeter

controls

will

be actively

maintained

until

final

stabilization

of those

portions

of

the

site upward

of

the

perimeter

control.

Temporary

perimeter controls

will be removed

after

final

stabilization).

The

description

of controls

shalt

address

as

appropriate

the

following

minimum components:

---

Page 5

NPDES Permit No. ILRIO

a.

Erosion

and Sediment Controls.

(i)

Stabilization

Practices. A description

of interim and permanent

stabilization practices, including

site-specific scheduling

of the

implementation

of the practices. Site plans

should

ensure that existing vegetation is preserved where attainable and

that disturbed

portions of the site are stabilized. Stabilization

practices may include: temporary

seeding, permanent seeding, mulching,

geotextiles,

sod

stabilization,

vegetative buffer strips, protection

of trees,

preservation

of mature

vegetation, and other appropriate measures.

A record

of

the dates

when

major

grading

activities occur, when construction activities temporarily or permanently cease on a portion of

the site, and

when stabilization

measures are initiated shall be included in the plan. Except as provided in paragraphs

(A)

and (B) below,

stabilization

measures shall

be initiated

as soon as practicable in portions of the site

where

construction activities have temporarily or

permanently

ceased, but in

no case more than 14 days

after the

construction activity in that portion of the site has temporarily

or permanently

ceased.

(A) Where the initiation

of

stabilization measures

by

the 14th day after construction activity temporary or permanently

cease is

precluded

by snow cover, stabilization measures shall

be

initiated

as soon as

practicable.

(B)

Where

construction activity will

resume

on

a portion

of the site within

21 days

from when activities

ceased, (e.g. the total time

period

that construction

activity is temporarily ceased is less than 21 days) then stabilization measures do not have to be initiated

on

that

portion of

site

by the 14th day after construction activity temporarily ceased.

(ii) Structural Practices.

A

description

of structural practices to the degree attainable, to

divert

flows

from

exposed soils, store

flows or

otherwise limit runoff and

the

discharge

of

pollutants from exposed areas of the site. Such practices may include silt fences,

earth dikes,

drainage swales,

sediment traps, check dams, subsurface

drains, pipe

slope

drains, level

spreaders,

storm drain inlet

protection,

rock

outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent

sediment basins.

Structural practices

should be

placed

on

upland

soils to the degree attainable. The

installation

of these

devices

may be subject to

Section 404

of the CWA.

(iii) Best Management Practices for Impaired Waters. For any site which discharges directly to an

impaired

water identified

in the

Agency’s

303(d) listing for suspended solids, turbidity, or

siltation

the storm water

pollution prevention plan shall be designed

for a

storm

event equal to or greater than a 25-year 24-hour rainfall event. If required by

federal regulations

or the

Illinois

Environmental

Protection

Agency’s

Illinois Urban

Manual,

the storm water

pollution prevention plan shall adhere to a more

restricHve

design criteria.

b.

Storm Water Management. A description of measures that

will

be

installed

during the construction process to control pollutants

in storm

water discharges

that

will

occur after construction

operations have been completed. Structural measures

shoucJ

be

placed

on upland

soils to

the degree attainable. The installation of these devices may be

subject

to

Section 404

of the

CWA. This

permit

nly addresses the

installation

of storm water management measures,

and not the

ultimate

operation

and

maintenance of such structures n’Ier the construction

activities

have

been completed and the site

has undergone final stabilization. Permittees are

responsible for only

the

installation

and maintenance of

storm

water management measures prior

to

final stabilization of the site,

and are not responsible for maintenans after storm water discharges

associated with industrial activity

have been

eliminated from the site.

(i)

Such practices may include: storm water detention

structures (including wet ponds); storm water

retention structures; flow

attenuation

by

use of

open vegetated swales

and

natural depressions;

infiltration

of

runoff onsite; and sequential

systems

(which combine several

practices).

The

pollution prevention plan shall include an explanation

of

the

technical basis used to elect the practices

to control

pollution

where flows exceed predevelopment

levels.

(ii) Velocity dissipation devices shall

be placed

at discharge locations

and

along the

length

of

any outfall chsnnel as necessary

to provide a

non-erosive

velocity flow from the structure to a

water course so that the

natural physical and biological caracteristics and

functions are

maintained

and protected

(e.g.

maintenance of

hydrologic conditions, such as the hydroperiod

and hydr

-‘dynamics present prior

to the

initiation

of

construction activities).

(iii) Unless otherwise specified in the Illinois

Environmental Protection Agency’s Illinois Urban

Manual,

the

storm

water

pollution

prevention

plan

shall

be

designed for

a

storm event equal to or

greater

than a

25-year 24-hour rainfall event.

.c.

Other

Controls.

(I)

Waste Disposal. No solid materials,

including

building

materials, shall be

discharged

to

Waters

of the

State, except

as authorized by

a

Section 404

permit.

(H) The plan shall

ensure and demonstrate compliance with applicable State

and/or local waste disposal, sanitary sewer or

septic system

regulations.

d.

Approved

State

or Local Plans.

(I)

The

management

practices, controls and other provisions contained

in the storm water pollution

prevention

plan must be at least

as

protective

as the

requirements contained in Illinois

Environmental Protection

Agency’s Illinois Urban Manual, 2002. Facilities

which

discharge storm

water

associated with

construction

site

activities must include in their storm water

pollution

prevention

plan

procedures

and requirements specified in applicable

sediment and erosion site plans or

storm water management plans approved

by

local officials.

Requirements specified in sediment and erosion site

plans

or

site permits or storm water management

site plans or

site

permits

approved

by local officials that are applicable to protecting surface

water resources are, upon

submittal

of

an NOI

to

be authorized

to

discharge

under this permit,

incorporated

by

reference and are

enforceable

under this permit even if they are not

specifically

included in a storm

water pollution prevention

plan

required under

this permit. This

provision

does not

apply

to

provisions of master plans, comprehensive

plans, non-enforceable

guidelines

or technical

guidance documents that are not identified

in

a specific

plan

or permit that is issued for the

construction site.

(H)

Dischargers seeking

alternative

permit

requirements are not

authorized

by this

permit and shall submit an individual permit application

in

accordance with 40 CFR122.26 at

the

address

indicated in Part ll.D (Where

to

Submit) of this

permit,

along with a

description

of why

requirements

in

approved local plans or permits

should

not

be applicable as

a

condition of an NPDES permit.

---

Page

6

NPDES

Permit

No.

ILRIO

3.

Maintenance.

A description of

procedures to

maintain in good

and

effective

operating

conditions

vegetation, erosion

and

sediment

control

measures

and

other

protective

measures

identified

in

the

site

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

:

-at

is 0.5

inches

or

greater

or equivalent snowfall. Qualified

personnel

means

a person

knowledgeable

in

the

principles

and

practice

of

erosion

and

odiment

controls,

such

as

a

licensed

professional engineer

or

other

knowledgeable

person

who

possesses

the

skills

to

assess

conditions

at

the cc

-truction

site

that

could

impact

storm

water

quality

and

to

assess

the effectiveness

of

any sediment

and

erosion

control

measures

selected

to coni

the

quality

of storm

water

discharges

from

the

construction activities.

a.

Disturbed

areas

and

for,

pollutants

enterir

they

are

operating

cc-

measures

are

effecti

for

evidence

of

offsit

b.

Based

on

the

results

(Site

Description) of

permit

shall

be

revise

of

any

changes

to

th

c.

A report

.ommarizin.

major

o

;ren/ations

r

ave

ohall

be

mat

c

--trage

expires

or

d.

permittee

shall

liution

prevention

vided

by the

Ager

c.

ses

of

noncompli

e.

1

reports

of noncom

f.

/ll

reports

of noncom.

Illinois

Environrn

Division

of

Wate

Compliance

Ass

021

North

Gran

fast

Office

Box

S’ringfield,

Illino

5.

Non-Storm

Water

Discha

are

combined

with

storm

w

implementtion

of appropri

E.

Additional

reqWrements

for

st

dedicated

concrete

plants.

-

T:

mixed

with

a

simm

water

discha

1.

The

irrdusfrial

source

other

2.

Storit.

ler

discharges

as

with

the

arms

of

this

permi

3.

Storm

water

discharges

as::

(including

storm

water

disc

compliance

with

the terme

authorizing

such

discharge

F.

Contractors.

as

used

for

storage

of

materials

that

are

exposed

to precipitation shall

be inspected

for

evidence

of, or

the

potential

e drainage system.

Erosion

and

sediment

control

measures

identified

in the

plan

shall

be

observed

to

ensure

that

:lly

Where

discharge

locations

or

points

are

accessible,

they

shall

be

inspected

to ascertain

whether

erosion

control

preventing

significant impacts

to

receiving

waters.

Locations

where

vehicles

enter

or

exit the

site

shall

be

inspected

diment

tracking.

e inspection, the

description

of

potential

pollutant

sources

identified

in the

plan

in accordance

with

paragraph

lV.D.1

ermit

and pollution prevention

measures

identified

in

the

plan

in

accordance

with

paragraph

lV.D.2

(Controls)

of this

appropriate

as

soon

as

practicable after

such

inspection.

Such

modifications

shall

provide

for

timely

implementation

n

within

7

calendar

days

following

the inspection.

scope

of

the inspection,

name(s)

and

qualifications

of

personnel

making

the

inspection,

the

date(s)

of

the

inspection,

g

to the

implementation of

the

storm

water

pollution

prevention

plan,

and

actions

taken

in

accordance

with

paragraph

d retained

as

part

of the

storm

water

pollution

prevention

plan

for

at least

three

years

from

the

date

that

the

permit

minated. The

report

shall

be

signed

in

accordance

with

Part

Vl.G

(Signatory

Requirements)

of

this

permit.

:iete

and

submit

within

5

days

an

“Incidence

of

Noncompliance”

(ION)

report

for

any

violation

of

the

storm

water

observed

during

an

inspection

conducted,

including

those

not

required

by the

Plan.

Submission

shall

be

on

forms

nd

include

specific

information

on the

cause

of noncompliance,

actions

which

were

taken

to

prevent any

further

and

a

statement

detailing any environmental

impact

which

may

have

resulted

from

the

noncompliance.

ice

shall

be

signed

by

a responsible

authority

as

defined

in Part

Vt.G

(Signatory

Requirements).

:ice

shall

be

mailed

to

the Agency

at the

following

address:

• I

Protection

Agency

lution

Control

ce

Section

ienue

East

‘6

2794-9276

- Except

for

flows

from

fire

fighting

activities,

sources

of non-storm

water

listed

in

paragraph

lll.A.2

of

this

permit

that

discharges

associated

with

industrial

activity

must

be

identified

in the

plan.

The

plan

shall

identify

and

insure

the

.)ollution

prevention

measures

for the

non-storm

water

component(s)

of the

discharge.

water

discharge

from

industrial

activities

otherthan

construction,

Including

dedicated

asphalt

plants,

and

ermit

may

only

authorize

a storm

water

discharge

associated

with

industrial

activity

from

a

construction

site

that

is

from

an industrial

source

other

than

construction,

where:

o

construction

is

located

on the

same

site

as

the

construction

activity;

:ated

with

industrial activity

from

the

areas

of

the

site where

construction

activities

are

occurring

are

in compliance

id

ated

with

industrial

activity

from

the

areas

of

the

site

where

industrial

activity other

than

construction

are occurring

ges

from

dedicated asphalt

plants

(other

than

asphalt

emulsion

facilities)

and

dedicated

concrete

plants)

are in

chiding

applicable NOl

or

application

requirements,

of

a different

NPDES

general

permit

or

individual permit

The

storm

water

pollution

pi -

.ention

plan

must

clearly

identify

for

each

measure

identified

in

the

plan,

the contractor(s)

or

subcontractor(s)

that

will

implement

the

measure.

Al

contractors

and

subcontractors

identified in the

plan

must

sign

a

copy

of the

certification

statement

in

paragraph

2

below

in

accordance

with

P,rt

Vl.G

(Signatory

Requirements)

of this

permit,

All

certifications

must

be

included

in

the

storm

water

pollution

prevention

plan

except

for

owners

that

are acting

as

contractor.

3.

Certification

Statement.

All

contractors

and

subcontractors

identified

in

a

storm

water

pollution

prevention

plan

in

accordance

with

paragraph

1

above

shall

sign

a copy

of

the

following certification

statement

before

conducting

any

professional

service

at

the site

identified

in

the

storm

water

pollution

prevention

plan:

“I certify

under

penalty

of law

that

I

understand

the

terms

and

conditions

of the

general

National

Pollutant

Discharge

Elimination

System

(NPDES)

permit

(ILR1

0)

that

authorizes

the

storm

water

discharges

associated

with

industrial

activity

from

the

construction

site

identified as

part

of this

certification.”

The

certification

must

include the name

and

title

of

the person

providing

the

signature

in accordance

with

Part

Vl.G

of

this

permit;

the

name,

address

and

telephone

number

of

the

contracting

firm;

the

address

(or

other

identifying

description)

of

the

site;

and

the

date

the

certification is

made.

---

Page 7

NPDES Permit

No.

ILRIO

Part

V. RETENTION

OF

RECORDS

A.

The

permittee

shall retain

copies

of storm water

pollution

prevention

plans and

all reports

and notices required

by this permit,

and

records

of

all

data used

to complete

the Notice

of Intent to be

covered by this

permit,

for a

period of

at least

three years from

the date that

the permit

coverage

expires or is

terminated.

This period may

be extended

by

request of the

Agency at any

time.

B.

The

permittee

shall retain a copy

of

the

storm

water

pollution

prevention

plan

required by this

permit at the

construction site

from the

date of project

initiation

to

the date of

final stabilization.

Part VI.

STANDARD

PERMIT

CONDITIONS

A.

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; for

permit

termination,

revocation and

reissuance,

or modification;

or for

denial of

a permit

renewal

application.

B.

Continuation

of

the

Expired

General

Permit.

This permit expires

five

years

from the date of

issuance. An

expired

general

permit continues

in force

and

effect

until

a

new

general permit

or an individual

permit is issued.

Only those facilities

authorized

to

discharge under

the

expiring

general

permit are

covered

by

the

continued

permit.

C.

Need

to halt

or reduce

activity not

a defense,

It

shall

not

be

a

defense

for a permittee

in

an

enforcement

action that

it would

have been necessary

to

halt

or reduce

the

permitted

activity in order

to

maintain compliance

with the

conditions

of this permit.

D.

Duty

to

Mitigate.

The permittee

shall take

all reasonable steps

to

minimize

or prevent

any

discharge in violation

of this

permit which

has a reasonable

likelihood of

adversely affecting

human

health or

the

environment.

E.

Duty to

Provide

Information.

The permittee

shall furnish

within a reasonable

time to the Agency

or local

agency

approving sediment

and

erosion

plans, grading

plans,

or

storm water

management

plans;

or

in the case

of

a Storm water

discharge

associated

with industrial

activity which

discharges

through

a

municipal

separate storm

sewer system

with an NPDES

permit,

to the

municipal operator

of the system,

any information

which is requested

to

determine

compliance

with

this

permit.

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;

or in the

case of a storm

water

discharge

associated with

industrial activity

which

discharges

through

a

municipal

separate storm

sewer

system

with

an

NPDES

permit, to the

municipal

operator

of the system,

copies of records

required

to

be kept

by

this permit.

F.

Other

Information.

‘Mien the

permittee

becomes aware

that he or she

failed

to submit any

relevant facts

or submitted incorrect

information

in

the

Notice

of

Intent or in

any other

report to the

Agency, he

or she

shall

promptly

submit

such facts

or information.

G.

Signatoiy Requirements.

All Notices

of

Intent, storm

water pollution

prevention plans,

reports, certifications

or information

either submitted

to the

Agency

or

the

operator

of

a

large

or medium municipal

separate

storm sewer

system,

or

that

this

permit requires

be maintained

by the

permittee,

shall

be

signed.

1.

All

Notices of

Intent shall

be

signed

as

follows:

a.

For

a

corporation:

by a

responsible

corporate

officer.

For

the

purpose

of this section,

a

responsible

corporate

officer

means:

(1)

a president,

secretary, treasurer,

or vice-president

of

the corporation

in charge

of

a principal

business

function,

or

any

other person

who

performs

similar

policy

or

decision-making

functions

for the corporation;

or (2)

the manager of

one or more

manufacturing,

production

or operating

facilities

employing

more

than

250 persons or

having gross annual

sales or expenditures

exceeding

$25,000,000

(in second-quarter

1980 dollars)

if

authority to

sign

documents

has been

assigned or

delegated to

the

manager in

accordance

with corporate

procedures;

b.

For a

partnership

or sole proprietorship:

by

a

general

partner

or the proprietor,

respectively;

or

c.

For a

municipality,

State,

Federal,

or

other public

agency: by

either a principal

executive officer

or ranking elected

official. For

purposes of this

section,

a

principal executive

officer of

a

Federal agency

includes

(1) the

chief executive

officer of

the

agency,

or (2) a senior

executive

officer

having

responsibility

for the overall

operations

of

a

principal geographic

unit

of the agency.

2.

All reports

required

by

the

permit

and

other

information

requested

by the

Agency

shall

be

signed

by a

person

described above

or

by

a duly

authorized

representative

of

that

person. A person

is a duly

authorized representative

only

if:

a.

The

authorization

is

made

in writing

by

a person

described

above

and submitted

to the

Agency.

b.

The authorization

specifies

either

an

individual

or

a position

having responsibility

for the

overall

operation

of the regulated

facility or activity,

such

as

the

position of

manager, operator,

superintendent,

or position

of

equivalent

responsibility or

an

individual

or

position

having

overall

responsibility

for environmental

matters

for

the company.

(A duly

authorized

representative

may

thus be

either

a

named

individual or any

individual

occupying

a

named

position).

c.

Changes to

authorization.

If an

authorization under

paragraph

l.C (Authorization)

is

no longer

accurate

because

a different

individual

or

position

has

responsibility

for the overall

operation

of the

construction site,

a

new authorization

satisfying

the

requirements

of paragraph

I.C

must

be

submitted

to the

Agency prior

to or together

with

any

reports,

information,

or applications

to

be signed

by an

authorized

representative.

d.

Certification.

Any

person

signing documents

under

this

Part shall make

the following

certification:

“I

certify

under

penalty

of law

that this document

and

all

attachments were

prepared

under my

direction

or supervision in

accordance with

a

system

designed

to

assure

that qualified

personnel

properly

gathered

and evaluated

the

information

submitted. Based

on

my inquiry

of

the person

or

persons who

manage

the

system, or those

persons

directly

responsible

for gathering the

information, the

information

submitted is,

to

the

best

of

my

knowledge

and

belief, true, accurate,

and complete.

I

am

aware

that there

are

significant penalties

for

---

Page

8

NPDES

Permft

No. LR1O

submitting false

information,

including

the

possibility

of

fine and imprisonment

for knowing

violations.”

H.

Penalties for

Falsification

of

Reports.

Section

309(c)(4)

of the Clean

Water

Act

provides that any

person who

knowingly

makes any

false

material

statement,

representation,

or certification

in any

record

or

other document

submitted

or

required

to be

maintained

under this permit,

including

reports

of

compliance

or

noncompliance

shall,

upon

conviction, be

punished by a

fine

of not more

than

$10,000,

or

by

imprisonment

for not

more

than 2 years,

or

by

both. Section

44(j)(4) and

(5)

of the

Environmental

Protection Act

provides

that

any

person who

knowingly

makes any

false statement,

representation,

or

certification

in

an application

form,

or

form

pertaining to

a NPDES

permit

commits

a

Class

A misdemeanor,

and in

addition

to

any

other

penalties

provided by law

is subject to a fine

not

to exceed

$10,000

for

each

day of violation.

Penalties

for

Falsification

of Monitoring

Systems.

The

CWA

provides

that any person

who falsifies, tampers

with,

or knowingly

renders

inaccurate

any

monitoring device

or method

required

to

be

maintained

under

this permit

shall, upon

conviction, be

punished by fines

and imprisonment

described

in

Section

309 of

the CWA. The

Environmental

Protection Act provides

that

any

person who knowingly

renders

inaccurate

any monitoring

device

or record

required

in

connection with

any NPDES permit

or

with any

discharge which

is

subject

to

the

provisions

of subsection

(f)

of

Section

12 of the Act

commits

a

Class A misdemeanor,

and in

addition

to any other

penalties

provided by law

is

subject

to a fine

not

to exceed

$10,000

for each day

of

violation.

J.

Oil

and Hazardous

Substance

Liability.

Nothing in this

permit shall be construed

to

preclude

the institution

of any legal

action

or

relieve

the permittee

from

any responsibilities,

liabilities,

or

penalties to

which the permittee

is or

may be

subject under

section

311

of

the

CWA.

K.

Property

Rights. The issuance

of this permit

does

not

convey

any property

rights of any

sort, nor any exclusive

privileges,

nor

does it

authorize

any

injury to

private property

nor

any invasion

of

personal

rights, nor any infringement

of Federal,

State or

local laws or regulations.

L.

Severability.

The

provisions of

this permit are

severable, and

if any

provision

of this permit, or

the application

of

any

provision

of this

permit

to any

circumstance,

is held

invalid,

the

application

of such provision

to

other

circumstances,

and the remainder

of this permit

shall

not be affected

thereby.

M.

Transfers.

This

permit is not transferable

to any

person except

after notice

to

the Agency. The

Agency

may require

the

discharger

to apply for and

obtain

an

individual

NPDES permit

as stated

in Part

l.C (Authorization).

N.

Requiring

an

Individual

Permit

or

an

Alternative

General Permit.

1.

The

Agency may

require any

person authorized

by

this

permit

to

apply

for

and/or obtain

either an individual

NPDES

permit

or an alternative

NPDES

general

permit.

Any interested

person

may

petition the Agency

to take

action under

this

paragraph.

Where

the Agency

requires

a

discharger

authorized

to

discharge

under this

permit

to

apply

for an individual

NPDES permit,

the Agency

shall

notify the discharger

in

writing that

a permit

application

is

required.

This notification

shall include

a brief statement

of

the

reasons

for

this decision,

an application

form,

a statement

setting

a deadline for

the

discharger

to file the

application,

and a

statement

that

on

the effective

date of the

individual NPDES

permit

or the

alternative

general

permit

as it applies to the

individual

permittee,

coverage

under this

general permit

shall automatically

terminate.

Applications

shall

be

submitted

to

the Agency

indicated

in Part

ll.D (Where

to

Submit)

of this permit.

The Agency may

grant additional

lime

to submit the

application upon

request

of the applicant.

If

a

discharger

fails

to

submit

in

a

timely

manner an individual

NPDES permit

application

as required

by

the

Agency

under

this

paragraph, then

the applicability

of

this

permit to the individual

NPDES

permittee is automatically

terminated

at the end of

the

day specified

by the

Agency

for application

submittal.

The

Agency

may

require

an individual NPDES

permit

based

on:

a. information

received which

indicates the

receiving

water may be

of particular

biological

significance

pursuant

to 35 III. Adm.

Code

302.105(d)(6);

b.

whether

the

receiving

waters are

impaired waters

for suspended

solids,

turbidity or siltation

as

identified

by

the Agency’s 303(d)

listing;

c.

size

of

construction

site,

proximity

of

site

to the

receiving

stream, etc.

The

Agency

may

also

require

monitoring of

any

storm

water discharge

from any site

to

determine whether

an individual

permit

is

required.

2.

Any discharger

authorized

by

this

permit may

request

to be

excluded

from

the coverage

of this permit by

applying for

an

individual permit.

In such

cases, the permittee

shall

submit an

individual

application

in

accordance

with the

requirements

of 40 CFR 1 22.26(c)(1)(ii),

with

reasons

supporting

the

request,

to

the

Agency at theaddress

indicated

in

Part

ll.D

(Where

to Submit)

of

this permit.

The

request may

be granted

by issuance of

any

individual permit

or an alternative

general

permit if the

reasons cited

by the permittee

are adequate

to support the

request.

3.

When

an

individual

NPDES

permit is issued

to a

discharger

otherwise

subject

to this

permit,

or the

discharger is

authorized

to discharge

under an

alternative

NPDES

general

permit,

the applicability

of

this permit

to the individual

NPDES permittee

is

automatically

terminated

on the effective

date

of the individual

permit or

the date of authorization

of coverage

under the alternative

general permit,

whichever

the case may

be. When an

individual

NPDES

permit is denied

to a discharger

otherwise

subject to

this

permit, or the

discharger

is denied

for coverage

under an alternative

NPDES general

permit,

the applicability

of this permit

to

the individual

NPDES

permittee remains

in effect,

unless otherwise

specified

by

the

Agency.

0,

State/EnvIronmental

Laws.

No

condition

of

this

permit

shall release

the

permittee

from any

responsibility or

requirements

under other

environmental

statutes

or regulations.

P.

Proper Operation

and

Maintenance.

The permitlee

shall at

all times

properly

operate and

maintain

all facilities

and

systems

of treatment

and

control

(and

related

appurtenances)

which are installed

or

used

by the

permittee

to achieve

compliance

with

the

conditions

of

this permit

and

with the

requirements of

storm water

pollution prevention

plans.

Proper operation

and maintenance

also includes

adequate

laboratory controls

and appropriate

quality

assurance

procedures.

Proper

operation

and maintenance

requires

the operation

of backup or auxiliary

facilities

or

similar

systems, installed

by

a

permittee

only when

necessary

to

achieve

compliance

with the conditions

of

the permit.

0.

Inspection

and

Entry.

The permittee

shall allow

the

IEPA, or

an

authorized

representative

upon presentation

of

credentials

and other documents

as

may

be

required

by

law, to:

1.

Enter upon the

permittee’s

premises where

a

regulated

facility or

activity is located

or conducted,

or where records

must be

kept

under

the

conditions

of this permit;

2.

Have access

to and

copy at reasonable

times,

any records

that

must

be

kept

under the

conditions of

this permit;

---

Page 9

NPDES

Permit No. ILRIO

3.

Inspect at

reasonable

times

any

facilities,

equipment

(including monitoring

and control equipment), practices,

or

operations regulated

or

required

under

this permit;

and

4.

Sample or monitor

at

reasonable

times, for the purposes of assuring

permit

compliance

or as

otherwise authorized by the Clean

Water Act, any

substances

or parameters

at any location.

R.

Permit

Actions.

This

permit may be

modified,

revoked and reissued, or terminated

for cause. The filing of a

request by

the permittee

for

a

permit

modification, revocation

and

reissuance,

or termination, or

a

notification of planned

changes or

anticipated noncompliance

does

not

stay any permit

condition.

Part

Vii. REOPENER

CLAUSE

A.

If there

is

evidence indicating potential

or

realized

impacts on water quality due

to

any storm water discharge

associated with industrial

activity

covered by

this permit, the discharger may

be required

to

obtain

an individual permit

or

an alternative general

permit in accordance with

Part l.C (Authorization) of

this

permit

or the permit

may

be

modified

to include different

limitations

and/or requirements.

B.

Permit modification or revocation

will

be

conducted

according to

provisions

of 35

Ill. Adm.

Code,

Subtitle

C,

Chapter land

the

provisions

of 40 CFR

122.62, 122.63, 122.64

and

124.5

and any other applicable

public participation procedures.

C.

The Agency will reopen and modify

this permit under the following

circumstances:

1.

the

U.S.

EPA amends its regulations

concerning

public participation;

2.

a court of

competent jurisdiction binding

in the State

of Illinois

or the

7t

Circuit issues an ordernecessitating

a

modification

of public participation for

general

permits;

or

3.

to

incorporate federally required

modifications

to the

substantive

requirements

of

this permit.

Part

Viii. DEFINITIONS

“Agency” means

the

Illinois Environmental

Protection

Agency.

“Best

Management

Practices”

(“BMPs”) means

schedules of activities,

prohibitions

of

practices, maintenance

procedures,

and

other

management

practices

to

prevent

or reduce the

pollution of waters of

the

United Slates BMP5

also include treatment

requirements,

operating

procedures,

and

practices to

control

plant site runoff,

spillage

or leaks,

sludge or-waste

disposal, or drainage

from raw material storage.

“Commencement

of Construction” - The

initial disturbance

of

soils

associated

with clearing,

grading, or excavating

activities or other construction

activities.

“CWA” means

Clean Water

Act

(formerly referred

to as the

Federal

Water Pollution

Control

Act

or

Federal

Water Pollution Control Act

Amendments

of

1972)

Pub.L.

92-500,

as

amended Pub. L. 95-217, Pub.

L.

95-576,

Pub.

L. (96-483

and Pub. L. 97-117, 33

U.S.C.

1251 et.seq.)

“Dedicated

portable

asphalt

plant”

- A portable

asphalt

plant

that

is

located on or

contiguous to a

construction

site ahd that

provides asphalt only to the

construction

site that the plant is located on

or adjacent to. The term dedicated

portable asphalt

plant does not include

facilities that

are subject to the

asphalt

emulsion effluent

limitation guideline

at

40 CFR

443.

“Dedicated

portable

concrete

plant”

- A

portable

concrete

plant

that

is

located

on

or

contiguous

to

a construction

site and

that

provides concrete

only

to

the

construction site

that

the plant is located

on or adjacent to.

“Dedicated

sand or

gravel

operation”

- An operation

that

produces

sand

and/or gravel

for a

single construction

project.

“Director” means

the Director of

the

Illinois

Environmental

Protection

Agency

or

an

authorized representative.

“Final

Stabilization” means that all

soil disturbing

activities at

the

site

have

been

completed, and that

a

uniform

perennial vegetative

cover

with a density

of

70% the cover for

unpaved areas and areas not

covered

by permanent structures

has

been established or

equivalent stabilization

measures (such

as

the

use

of riprap,