RECEIVED

STATE

APR

OF

282005

ILLINOIS

PEOPLE OF THE STATE OF

)

Pollution Control Board

ILLINOIS,

)

Complainant,

vs.

)

PCBNo.

~-‘

)

(Enforcement)

CASTLE RIDGE ESTATES,

)

NOTICE OF FILING

To:

John Durako

Registered Agent

1808 S. Illinois Street

BellevilIe, IL 62220

PLEASE TAKE NOTICE that on this date I mailed foçfiling 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 allegauons 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.

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FURTHER, please take notice that financing may be available, through the Illinois

Environmental Facilities Financing Act, 20 ILCS 3515/1(2002), to correct the pollution alleged in

the Complaint filed in this case.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/Asbestos

Litigation Divi ion

BY:__________

L. HOMAN

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: April 25, 2005

2

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CERTIFICATE OF SERVICE

I hereby certify that I did on April 25, 2005, 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:

John Durako

Registered Agent

1808 S. Illinois Street

Belleville, IL 62220

and the original and ten copies by First Class Mail with postage thereon fully prepaid of the

same foregoing instrument(s):

To:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

~J L. Homan

Assistant Attorney General

This filing is submitted on recycled paper.

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RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APR 28 2005

PEOPLE OF THE STATE OF

)

PoUu~onControl

Board

vs.

)

)

CASTLE RIDGE ESTATES,

INCORPORATED, an Illinois

)

ENTRY OF APPEARANCE

On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J. L. HOMAN,

Assistant Attorney General of the State of Illinois, hereby enters her appearance as attorney of

record.

Respectfully su~mitted,

PEOPLE OF THE STATE OF ILLINOIS,

LISA MADIGAN

Attorney’kneral of the

State of Illinois

MATTHEWJ.DUNN,Chief

-

Environmental Enforcement/Asbestos

qtigat~onDivi ion

BY:_____________

J.L. HOMAN

~EnvironmentalBureau

Assistant Attorney General

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: April 25, 2005

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RECE

CLERK’S OFFICE

MADISON COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

)

-vs-

)

)

CASTLE RIDGE ESTATES, INCORPORATED,

an Illinois corporation,

COMPLAINT

The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of

the State of Illinois, on her own motion and at the request of the Illinois Environmental

Protection Agency, complains of the Respondent, Castle Ridge Estates, Incorporated, as

follows:

NPDES PERMIT 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 the terms

and provisions of Section 31 of the Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31

(2002).

2.

The Illinois EPA is an agency of the State of Illinois created by the Illinois

General Assembly under Section 4 of the Act, 415 ILCS 5/4 (2002), and charged,

inter a/ia,

with

the duty of enforcing the Act in proceedings before the Illinois Pollution Control Board (“Board”).

3.

The Respondent, Castle Ridge Estates, Incorporated, is an Illinois corporation.

The registered agent is John Durako and he may be reached at 1808 5. Illinois St., Belleville,

St. Clair County, Illinois.

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5.

Castle Ridge Estates is a one-hundred forty acre residential development

located on the west side of the Troy-O’Fallon Road approximately two and a half miles south of

Troy, Madison County, Illinois (the “site”).

6.

The Respondent is and was at all times relevant to this Complaint the owner and

developer of Castle Ridge Estates.

7.

Section 12 of the Act, 415 ILCS 5/12 (2002), provides in pertinent part:

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;

***

c.

Increase the quantity or strength of any discharge of contaminants into

the waters, or construct or install any ~éweror sewage treatment facility

or any new outlet for contaminants into the waters of this State, without a

permit granted by the Agency.

***

f.

Cause, threaten or allow the discharge of any contaminants into the

waters of the State, as defined herein, including but not limited to, water

to any sewage works, or into any well or from any point source within the

State, without an NPDES permit for point source discharges issued by

the Agency under Section 39(b) of this Act, or in violation of any term or

condition imposed by such permit, or in violation of any NPDES permit

filing requirement established under Section 39(b), or in violation of any

regulations adopted by the Board with respect to the NPDES program.

8.

Section 3.165 of the Act, 415 ILCS 5/3.165 (2002), provides as follows:

“Contaminant” is any solid, liquid, or gaseous matter, any odor, or any form of

energy, from whatever source.

9.

Section 3.315 of the Act, 415 ILCS 5/3.315 (2002), provides as follows:

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“Person” is any individual, partnership, co-partnership, firm, company, limited

liability company, corporation, association, joint stock company, trust, estate,

political subdivision, state agency, or any other legal entity, or their legal

representative, agent or assigns.

10.

Section 3.545 of the Act, 415 ILCS 5/3. 545 (2002), provides as follows:

“Water pollution” is such alteration of the physical, thermal, chemical, biological

or radioactive properties of any waters of the State, or such discharge of any

contaminant into any waters of the State, as will or is likely to create a nuisance

or render such waters harmful or detrimental or injurious to public health, safety

•

or welfare, or to domestic, commercial, industrial, agricultural, recreational, or

other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic

life.

11.

Section 3.550 of the Act, 415 ILCS 5/3.550 (2002), provides as follows:

“Waters” means all accumulations of water, surface and underground, natural,

and artificial, public and private, or parts thereof, which are wholly or partially

w ~!r, flow through, or border upon the State.

12.

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 pr~•~min ~0J State unless the USEr

~s ~eg~ted author~tyto. do so ~othat

•

State. The USEPA has authorized the State of Illinois to issue NPDES permits through the

Illinois EPA in compliance with federal regulations.

13.

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));

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***

(4)

Discharges through large and medium municipal separate storm sewer

systems.

.

***

(9)

(i) On and after October 1, 1994, for discharges composed entirely of

storm water, that are not required by paragraph (a)(1) of this section to

obtain a permit, operators shall be required to obtain a NPDES permit

only if:

***

(B)

The discharge is a storm water discharge associated with

small construction activity pursuant to paragraph (b)(15) of

this section;

***

(b)

Definitions.

(14)

Storm water discharge associated with industrial activity means the

discharge from any conveyance that is used Thr collecting and conveying storm

water and that is directly related to manufacturing, processing or raw materials

storage areas at an industrial plant. . . . The following categories of facilities are

considered to be engaging in “industrial activity” for purposes of paragraph (b~(14):

**

(x) Construction activity including clearing, grading and excavation,

except operations that result in the disturbance of less than five acres of

total land area. Construction activity also includes the disturbance of less

than five acres of total land area that is a part of a larger common plan of

development or sale if the larger common plan will ultimately disturb five

-

acres or more;

***

(15)

Storm water discharge associated with small construction activity means

the discharge of storm water from:

(i) Construction activities including clearing, grading, and excavating that

result in land disturbance of equal to or greater than one acre and less

than five acres. Small construction activity also includes the disturbance

of less than one acre of total land area that is part of a larger common

plar~ofdevelopment or sale if the larger common plan will ultimately

disturb equal to or greater than one and less than five acres.

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***

14.

On May 23, 2001, the Illinois EPA conducted an inspection prior to the

construction of a proposed wastewater treatment plant (“WWTP”) at the site. There were

ongoing construction activities at the site including clearing, grading, and excavating that had

resulted in land disturbance of equal to or greater than five acres. The measures or controls

provided to prevent or minimize pollution from storm water runoff at the site were inadequate.

15.

As of May 23, 2001, the Respondent had not obtained coverage under the

State’s general storm water NPDES permit.

16.

By disturbing more than five acres without first obtaining coverage under an

NPDES general stormwater permit, and by threatening the discharge of any contaminants into

the waters o~~ Stete without an NPDES permit for point source discharges the Respondent

has violated 40 CFR 122.26 and Section 12(f) of the Act, 415 ILCS 5/12(f) (2002).

PRAYER FOR RELIEF

WHEREFORE, the Complainant, People of

the State of Illinois, respectfully requests

that thL~ oard ~ t the following relief:

A.

Authorize a hearing in this matter at which time the Respondent will be required

to answer the allegations herein;

B.

Find that the Respondent has violated Sectionl2(f) of the Act, 415 ILCS 5/12(f)

(2002);

C.

Order the Respondent to cease and desist from further violations of the Act and

its regulations;

D.

Assess against the Respondent a monetary penalty in accordance with the

statutes; and

E.

Grant such other and further relief as this Board deems appropriate.

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WATER POLLUTION VIOLATIONS

1-14. Complainant realleges and incorporates herein by reference paragraphs 1-14 of

the above Count I as a paragraphs 1-14 of this Count II.

15.

By failing to implement adequate measures or controls to prevent or minimize

pollution from storm water runoff at the site, the Respondent has threatened or allowed the

discharge of silt and other contaminants from the construction site into waters of the State so

as to cause or tend to cause water pollution by creating a nuisance.

16.

By so threatening to cause water pollution, the Respondent has violated Section

12(a) of the Act, 415 ILCS 5/12(a) (2002).

PRAYER FOR RELIEF

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

that this Board grant the following relief:

F

A.

Authorize a hearing in this matter at which time the Respondent will be required

to answer the allegations herein;

•

B.

Find that the Respondent has violated Sectionl2(a) of the Act, 415 ILCS 5/12(a)

(2002);

C.

Order the Respondent to cease and desist from further violations of the Act and

its regulations;

D.

Assess against the Respondent a monetary penalty in accordance with the

statutes; and

E.

Grant such other and further relief as this Board deems appropriate.

CONSTRUCTION WITHOUT PERMIT VIOLATIONS

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1-14. Complainant realleges and incorporates herein by reference paragraphs 1-14 of

the above Count I as a paragraphs 1-14 of this Count Ill.

15.

Section 309.202(a) of the Board’s Regulations, 35 Ill. Adm. Code 309.202(a)

provides:

Except for treatment works or wastewater sources which have or will have

discharges for which NPDES Permits are required, and for which NFDES

Permits have been issued by the Agency:

a)

No person shall cause or allow the construction of any new treatment

works, sewer or wastewater source or cause or allow the modification of

any existing treatment works, sewer or wastewater source without a

construction permit issued by the Agency, except as provided in

paragraph (b).

16.

On a date prior to 2001 and better known to the Respondent, the Respondent

installed

‘~‘wercollection system throughout Castle Ridge Estates for eventual connection to

the proposed WWTP. During this time, the Respondent also installed potable water lines for

eventual connection to the homes under construction.

17.

The Illinois EPA had issued a permit for the potable water lines on October 30,

20G~ The Ra•~indent failed, howev?-,

~‘; for ~idobtain ~ permit for le sewer lines.~

1 8.

By installing a sewer collection system without first obtaining a construction

permit from the Illinois EPA, the Respondent has violated Section 12(c) of the Act, 415 LOS

5/12(c) (2002) and Section 309.202(a) of the Board’s Water Pollution Regulations, 35111. Adm.

Code 309.202(a).

PRAYER FOR RELIEF

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

that this Board grant the following relief:

A.

Authorize a hearing in this matter at which time the Respondent will be required

to answer the allegations herein;

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B.

Find that the Respondent has violated Sections 12(c) of the Act, 415 ILCS

5/12(c)(2002), and 35 III. Adm. Code 309.202(a);

C.

Order the Respondent to cease and desist from further violations of the Act and

its regulations;

D.

Assess against the Respondent a monetary penalty in accordance with the

statutes; and

E.

Grant such other and further relief as this Board deems appropriate.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN, Attorney General

of the State of Illinois

.

MATTHEW J. D~JNN,Chief

Environmental ~nforcementDivision

BY:______________________

THOMAS DAVIS, Chief

Environmental Bureau

Assk5taintA~t sy ~

il

Of Counsel

J. L. Homan

Assistant Attorney General

Environmental Bureau/Springfield

500 South Second Street

Springfield, Illinois 62706

Date:___________________

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