Lisa Madigan
A'I`I'ORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint in regard to the above-captioned matter
. Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
October 27, 2006
Re:
People v
. Lake Arlann Drainage District, et al
.
RECEIVEDCLERK'S
OFFICE
NOV
012006
STATE OF ILLINOIS
Pollution Control Board
MDM/pp
Enclosures
Very truly yours,
J
J
Michael D
. Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090 • TTY: (217) 785-2771 •
Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000 • TTY: (312) 814-3374
• Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 •
(618) 529-6400 •
TTY
: (618) 529-6403 • Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIRECENVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF
)
ILLINOIS,
)4~ /
)
O )2006
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
PCB No. 07 ;2
(Enforcement)
LAKE ARLANN DRAINAGE DISTRICT, )
an Illinois drainage district,
)
COCHRAN & WILKEN, INC ., an Illinois )
corporation, SOUTHWIND
)
CONSTRUCTION CORP ., an
)
Indiana corporation,
)
Respondents .
)
NOTICE OF FILING
To :
Mr . Spike Guidotti, Chairman
Lake Arlann Drainage Dist .
3 Beachcomber Place
Pekin, IL 61554
Cochran & Wilken, Inc .
c/o Edward R. Gower
Hinshaw & Culbertson LLP
400 South Ninth Street, Ste . 200
Springfield, IL 62701
Southwind Construction Corp .
c/o Dirck H . Stahl
Ziemer, Stayman, Weitzel & Shoulders, LLP
20 N.W . First Street, 9" Fl
.
P
.O . Box 916
Evansville, IN 4770669016
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you . Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding
. If you have any questions about this
1
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney .
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), 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 .
n
BY:
MICHAEL D
. MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 27, 2006
2
CERTIFICATE OF SERVICE
I hereby certify that I did on October 27, 2006, 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, APPEARANCE and COMPLAINT
To:
Mr. Spike Guidotti, Chairman
Lake Arlann Drainage Dist
.
3 Beachcomber Place
Pekin, IL 61554
Cochran & Wilken, Inc .
c/o Edward R. Gower
Hinshaw & Culbertson LLP
400 South Ninth Street, Ste . 200
Springfield, IL 62701
Southwind Construction Corp .
c/o Dirck H. Stahl
Ziemer, Stayman, Weitzel & Shoulders, LLP
20 N.W . First Street, 9" Fl
.
P .O. Box 916
Evansville, IN 4770609016
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
MICHAEL D . MANKOWSKI
Assistant Attorney General
This filing is submitted on recycled paper
.
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs.
LAKE ARLANN DRAINAGE DISTRICT,
an Illinois drainage district,
COCHRAN & WILKEN, INC
., an Illinois
corporation, SOUTHWIND
CONSTRUCTION CORP., an
Indiana corporation,
Respondents .
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PCB(Enforcement)No .
01
3 y
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation D.von
. .
/
BY:
/~% ~ SEC
Cr-
l
MICHAEL D. MANKOWSKI
Environmental Bureau
Assistant Attorney General
RECEIVEDCLERK'S
OFFICE
NW 0 i 2006
Pollution
STATE
OF
ILLINOIS
Board
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, MICHAEL D
.
MANKOWSKI, Assistant Attorney General of the State of Illinois, hereby enters his appearance as
attorney of record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 0 1 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
ex rel .
LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
Complainant,
)
v.
)
PCB
(Enforcement)No
. 07-
3~
LAKE ARLANN DRAINAGE DISTRICT,
)
an Illinois drainage district,
)
COCHRAN & WILKEN, INC
., an Illinois
)
corporation, SOUTHWIND CONSTRUCTION
)
CORP
., an Indiana corporation,
)
Respondents.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, complains of Respondents, LAKE ARLANN DRAINAGE
DISTRICT, an Illinois drainage district, COCHRAN & WILKEN, INC
., an Illinois corporation, and
SOUTHWIND CONSTRUCTION CORP
., an Indiana corporation as follows :
COUNT I
WATER POLLUTION
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
(2004).
2 .
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged inter alia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board") .
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and the opportunity for a meeting with the
Illinois EPA.
4.
Respondent, LAKE ARLANN DRAINAGE DISTRICT ("the District"), is a drainage
district created in 1978 pursuant to Article III of the Illinois Drainage Code, 70 ILCS 605/3-1
et
seq. (2004), to address flooding and siltation problems with Lake Arlann
. The chairman is Mr
.
Spike Guidotti, Lake Arlann Drainage District, 3 Beachcomber Place, Pekin, Illinois 61554
. At
all times relevant to the complaint, the District has owned and operated a confined detention
facility ("CDF") located across 14th
Street from Lake Arlann in Pekin, Illinois .
5
.
Respondent, COCHRAN & WILKEN, INC . ("CWI"),
is an Illinois corporation in
good standing . CW I's registered agent is Thomas L
. Johnson, 5201 South
6th
Street Road,
Springfield, Illinois 62703-5143
. At all times relevant to the complaint, CWI was the consulting
engineer for the Lake Arlann sediment removal project .
6 .
Respondent, SOUTHWIND CONSTRUCTION CORP
. ("Southwind"), is an
Indiana corporation in good standing
. The registered agent for Southwind is C T Corporation
System, 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604-1101
. At all times
relevant to this Complaint, Southwind was the contractor for the Lake Arlann sediment removal
.
project.
7 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as
follows:
No person shall :
(a)
Cause or threaten or allow the discharge of any contaminants into the
environment in any State so as to cause or tend to cause water pollution
in Illinois, either alone or in combination with matter from other sources,
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act ;
2
follows :
follows :
8
.
the Act, 415 ILCS 5/3
.315 (2004), as follows :
(f)
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein, including but not limited to, waters
to any sewage works, or into any well or from any point source within the
State, without an NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in violation of any term or
condition imposed by such permit, or in violation of any NPDES permit
filing requirement established under Section 39(b), or in violation of any
regulations adopted by the Board or of any order adopted by the Board
with respect to the NPDES program
.
The Respondents are "persons" as that term is defined under Section 3
.315 of
"Person" is any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust,
estate, political subdivision, state agency, or any other legal entity,
or their legal representative, agency or assigns
.
9 .
Lake Arlann, a natural lake previously called Lake Meyers, is a "water" of the
State as defined under Section 3
.550 of the Act, 415 ILCS 5/3
.550 (2004), as follows
:
"Waters" means all accumulation of water, surface and underground, natural,
and artificial, public and private, or parts thereof, which are wholly or partially
within, flow through, or border upon this State
.
10 .
Section 3
.165 of the Act, 415 ILCS 5/3
.165 (2004), defines "contaminant" as
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source
.
11 .
Section 3
.545 of the Act, 415 ILCS 5/3
.545 (2004), defines "water pollution" as
.
"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
3
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 .
12 .
Section 302 .203 of the Board's Water Pollution Regulations 35 III
. Adm . Code
302 .203, prohibits offensive conditions in waters of the State
:
Waters of the State shall be free from sludge of bottom deposits, floating debris,
visible oil, odor, plant or algal, color or turbidity of other than natural origin
. . .
13 .
On or about January 17, 2002, CW I submitted on behalf of the District a permit
application to the Illinois EPA in order to undertake the removal of approximately 330,000 cubic
yards of accumulated sedimentation and siltation from Lake Arlann
. The project required the
construction of the CDF in order to store and de-water the sediment hydraulically dredged and
pumped from the lake bottom to the CDF
. The CDF was an earthen lagoon constructed of
compacted earthen dikes with approximately 550,000 cubic yardss of capacity
. Discharge from
the CDF flowed back into Lake Arlann
. According to the Section 401 Water Quality Certification
included in the permit application, the completed project will improve the water quality, fish
habitat and recreational boating in Lake Arlann and the CDF will be de-watered, regraded and
reclaimed for use as open prairie
.
14.
On May 20, 2003, the Illinois EPA issued Industrial Construction Permit No
.
2003-EA-3175 to the District
. Pursuant to this permit, the discharge from the CDF was required
to meet an effluent limit for total suspended solids
("TSS") of 15 mg/L and otherwise comply
with the water quality standards with sampling reports to be submitted monthly to the Illinois
EPA
. The permit also allowed but did not require the use of a flocculant as proposed in the
permit application to control the suspended solids in the CDF .
15.
On April 1, 2004, or a date better known to the Respondents, the District, CWI,
4
and Southwind began the dredging project to remove sediment from Lake Arlann
.
16 .
On April 15, 2004, the Illinois EPA inspected the CDF
. Dredging operations
began around April 6, 2004
. The CDF effluent was slightly brown and turbid with TSS in excess
of 15 mg/I
. Additional seeding and vegetative cover was needed on the embankments of the
CDF and additional erosion control measures were needed on the north and south sides of the
large soil stockpile mound located on the west side of the CDF
.
17
. On June 21, 2004, the dredging project was re-inspected by Illinois EPA
. The
effluent being discharged from the CDF into Lake Arlann was brown and turbid as were the
receiving waters in the outlet ditch and the lake
. The CDF effluent was in excess of 15 mg/I
TSS.
18.
Illinois EPA returned to the CDF on July 15, 2004
. The effluent, outlet ditch and
receiving lake waters were brown and turbid
. A noticeable brown plume was present in the
receiving lake around the outfall
. An effluent sample was taken and subsequently determined
to contain more than 15 mg/L of TSS .
19.
On December 9, 2005, Illinois EPA re-inspected the CDF site . The lagoon
effluent was gray-brown in color and very turbid with suspended solids present
. The same
color and turbidity were present in the outlet ditch and the receiving lake water
. An effluent
sample was taken and subsequently determined to contain more than 15 mg/L of TSS
.
Approximately two-thirds (2/3) of the lagoon was entirely filled with sediment
.
20.
A follow-up inspection was conducted by Illinois EPA on December 13, 2004
.
Conditions were unchanged from December 9'
h ; the effluent was still gray-brown and very
turbid
. An effluent sample was taken and subsequently determined to contain more than 15
mg/L of TSS
.
5
21 .
The Respondents did not utilize the flocculant as proposed in the permit
application to control the suspended solids in the CDF until May 2005
. In late 2004 a turbidity
curtain was installed in the lake at the discharge point of the CDF, thereby allowing some of the
suspended solids, silt and sediment in the effluent to deposit on the lake bottom
; these deposits
were later dredged and removed .
22.
The District, CWI, and Southwind repeatedly discharged effluent from the CDF
into Lake Arlann containing excessive levels of suspended solids, silt and sediment, resulting in
offensive conditions including bottom deposits and color and turbidity of other than natural
origin, and thereby violated Section 302
.203 of the Board's Water Pollution Regulations, 35 III
.
Adm . Code 302 .203 .
23.
By causing, allowing or threatening the discharge of suspended solids, silt,
sediment and other contaminants to waters of the State so as to cause or tend to cause water
pollution in Illinois or to violate the Board's regulations or standards, the Respondents have
violated Section 12(a) of the Act, 415 ILLS 5/12(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondents, LAKE ARLANN DRAINAGE
DISTRICT, COCHRAN & WILKEN, INC
., and SOUTHWIND CONSTRUCTION
:
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B .
Finding that Respondents have each violated the Act and regulations as alleged
herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
6
Respondents a monetary penalty of not more than the statutory maximum ;
D .
Pursuant to Section 42(f) of the Act, 415 ILLS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
E.
Grant such other and further relief as the Board deems appropriate .
COUNTII
EFFLUENT VIOLATIONS
1-21 .
Complainant realleges and incorporates herein paragraphs 1 through 21 of
Count I as paragraphs 1 through 24 of this Count II
.
22.
Section 304 .124(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
304.124(a), imposes a generally applicable effluent limit of 15 .0 mg/L .
23.
Special Condition 2 of Industrial Construction Permit No. 2003-EA-3175 provides
as follows :
The permittee shall operate the dredge and the disposal facilities such that the
effluent does not exceed 15 mg/L total suspended solids, and otherwise
complies with the water quality standards of III . Adm . Code, Subtitle C .
24 .
The following analytical results from effluent samples taken by Illinois EPA
during the April 14, 2004, June 21, 2004, July 15, 2004, December 9, 2004, and December 13,
2004, inspections indicate that the Respondents repeatedly discharged effluent beyond
permitted limits :
7
Date Analyzed Result
(TSS) mg/L
4/14/2004
86
6/21/2004
90
7/15/2004
135
25 .
As project manager for the District, CW I sampled the discharge of effluent from
the CDF and the water quality in the lake. The following analytical results indicate that the
Respondents repeatedly discharged effluent beyond permitted limits
:
8
Date Analyzed
Sample #
Location
Result (TSS) mg/L
4/27/2004
1
Outlet Dike
142 .2
4/27/2004
2
Outlet Lake
133
4/27/2004
1
Outlet Dike
120
6/9/2004
1
Ditch
13.8
6/9/2004
2
Outlet
11 .9
7/30/2004
1
Ditch
114
7/30/2004
2
Outlet
97 .9
8/5/2004
1
Ditch
301
.3
8/5/2004
2
Outlet
275
8/5/2004
3
Outside Turbidity
Curtain
93 .6
8/11/2004
1
Ditch
465.5
8/11/2004
2
Outlet
716.7
8/11/2004
3
Outside Turbidity
Curtain
112
8/26/2004
1
Ditch
449
8/26/2004
2
Outlet
473
8/26/2004
3
Outside Turbidity
Curtain
75.2
8/30/2004
1
Outlet
110
8/30/2004
2
Outside Turbidity
Curtain
449
9/1/2004
2
Outside Turbidity
Curtain
122 .8
9/1/2004
3
Outlet
316 .9
9/1/2004
4
Ditch
317 .7
9/15/2004
2
Outside Turbidity
Curtain
53 .5
9/15/2004
3
Outlet
136.1
9/28/2004
2
Outside Turbidity
Curtain
54 .8
9/28/2004
3
Outlet
389.8
9/28/2004
4
Ditch
390 .1
Date Analyzed Result (TSS) mg/L
12/9/2004
68
12/13/2004
1920
26.
By causing or allowing discharges of total suspended solids in excess of
permitted and generally applicable effluent limitations, the Respondents have violated Section
12(f) of the Act, 415 ILCS 5/12(f) (2004), and Sections 304
.124(a) and 309 .102(a) of the
Board's Water Pollution Regulations, 35 III . Adm . Code 304 .124(a) and 309
.102(a).
27.
By violating the Board's Water Pollution Regulations, the Respondents have also
violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004) .
PRAYER FOR RELIEF
9
Date Analyzed
Sample #
Location
Result (TSS) mg/L
9/17/2004
2
Outside Turbidity
Curtain
75
9/17/2004
3
Outlet
253
9/17/2004
Ditch
257 .8
10/4/2004
2
Outside Turbidity
Curtain
73
10/4/2004
3
Outlet
178
10/4/2004
4
Ditch
182
10/29/2004
2
Outside Turbidity
Curtain
57.7
10/29/2004
3
Outlet
89.7
10/29/2004
4
Ditch
95.5
11/3/2004
1
269
11/3/2004
2
1220.6
11/8/2004
3
Lake Outlet
2519
11/8/2004
4
Weir Outlet
2539 .3
11/10/2004
1
Outlet #1
146 .8
11/10/2004
2
Outlet#2
132.3
12/9/2004
1
Outlet
189.1
12/15/2004
2
Outlet 10 :00 am
90
12/15/2004
3
Outlet 12 :00 pm
84 .5
12/17/2004
1
Outlet
62 .2
5/25/2005
Outlet at 11 :00 am on
5/25/05
24
5/25/2005
Outlet at 1 :00 pm on
5-25-05
22
5/25/2005
Outside Permeable
Barrier
24
6/2/2005
1
Outlet at 10:00 am
8 .2
6/2/2005
2
Outlet at 1 :00 pm
10.2
6/9/2005
1
Outlet at 10:00 am
29.7
6/9/2005
2
Outlet at 11 :00 am
24.5
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondents, LAKE ARLANN DRAINAGE
DISTRICT, COCHRAN & WILKEN, INC
., and SOUTHWIND CONSTRUCTION :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that Respondents have each violated the Act and regulations as alleged
herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum ;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNTIII
SCHEDULE VIOLATIONS
1-25 . Complainant realleges and incorporates herein paragraphs 1 through 21 of
Count I and paragraphs 22 through 25 of Count II as paragraphs 1 through 25 of this Count III
.
26 .
Section 305
.102(b) of the Board's Water Pollution Regulations, 35 III . Adm . Code
305.102(b),
requires compliance with monitoring, sampling, recording, and reporting
requirements :
b)
Every holder of an NPDES (National Pollutant Discharge Elimination
System) permit is required to comply with the monitoring, sampling,
recording and reporting requirements set forth in the permit and this
Chapter .
27 .
Section 309
.102(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
10
309.102(a), prohibits unlawful discharge of contaminants into the waters of the State
:
a)
Except as in compliance with the provisions of the Act, Board regulations,
and the CWA, and the provisions and conditions of the NPDES permit
issued to the discharger, the discharge of any contaminant or pollutant by
any person into the waters of the State from a point source or into a well
shall be unlawful .
28.
Section 309
.146(a) of the Board's Water Pollution Regulations, 35 III . Adm .
309
.146(a), establishes requirements for holders of NPDES permits :
a)
The Agency shall require every holder of an NPDES Permit, as a
condition of the NPDES Permit issued to the holder, to
1)
Establish, maintain and retain records
;
2)
Make reports ;
3)
Install, calibrate, use and maintain monitoring equipment or
methods (including where appropriate biological monitoring
methods);
4)
Take samples of effluents (in accordance with such methods, at
such locations, at such intervals, and in such a manner as may be
prescribed ; and
5)
Provide such other information as may reasonably be required .
29.
Special Condition 1 of Industrial Construction Permit No
. 2003-EA-3175
provides, in pertinent part, as follows :
The permittee shall monitor the effluent from the disposal facilities for total
suspended solids . . . . Samples shall be collected once per week and results
shall be submitted to the Agency once per month, by the 15`h day of the month
following sampling .
30 .
The Respondents failed to timely submit effluent sampling reports during the
months of April through December of 2004 by the 15 th
of the month following sampling . The
Respondents submitted the sampling data from these months in February of 2005
. No reports
were submitted for the months of January through April of 2005
. The CDF discharged
11
intermittently from later December through approximately May of 2005 as CDF outfall structure
stop logs were gradually removed to lower the lagoon wastewater elevation
. These discharges
were not monitored .
31 .
By violating Special Condition 1 of the NPDES Permit, the Respondents caused,
threatened or allowed the discharge of any contaminant into the waters of the State in violation
of any term or condition imposed by such permit, and thereby violated Section 12(f) of the Act,
415 ILCS 5/12(f) (2004), and Sections 305 .102(b), 309.102(a) and 309 .146(a) of the Board's
Water Pollution Regulations, 35 III . Adm . Code 305 .102(b), 309 .102(a) and 309 .146(a).
32
.
By violating the Board's Water Pollution Regulations, the Respondents have also
violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondents, LAKE ARLANN DRAINAGE
DISTRICT, COCHRAN & WILKEN, INC ., and SOUTHWIND CONSTRUCTION :
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B .
Finding that Respondents have each violated the Act and regulations as alleged
herein ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum ;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
12
E .
Grant such other and further relief as the Board deems appropriate .
COUNT IV
STORM WATER VIOLATIONS
1-23 . Complainant realleges and incorporates herein paragraphs 1 through 20 of
Count I and paragraphs 26 through 28 of Count III as paragraphs 1 through 23 of this Count IV .
24.
Storm water discharges are regulated by 40 CRF 122 .26, which requires a
person to obtain an NPDES permit and to implement a storm water pollution prevention plan
("SWPPP") for construction activity including clearing, grading and excavation, except
operations that result in the disturbance of less than five acres of total land area
.
25.
On June 6, 2003, the Illinois EPA received from CWI a notice of intent ("NOI") to
discharge storm water associated with construction site activities at the CDF . Coverage under
NPDES General Storm Water Permit No . ILR1 08534 was issued to the District on July 7, 2003 .
The Respondents were thereby required to prepare and implement a SWPPP, conduct inspections
of storm water and erosion controls on a weekly basis and after each Y2-inch precipitation event,
and implement interim and final stabilization controls (such as seeding or mulching) .
26 .
During all Illinois EPA inspections, the vegetative cover on the inner and outer
banks was much less than 70% density .
27.
During the December 9, 2004, inspection, immediate overflow problems existed .
The levee on the south side of the CDF had also been breached in at least two locations, and the
discharged overflow soaked into the sandy soil adjacent to the levee . Leakage was also occurring
on the CDF's east side, south of the outfall . The silt fence along the south side of the CDF was
down in places and not being maintained . Much of the levee banks lacked a vegetative cover of
70% density. The lack of protective cover on the inner embankments allowed considerable erosion
13
and added to sediment load carried in the CDF .
28 .
During an inspection on July 21, 2005, much of the vegetative cover on the
embankment and berms of the CDF was dead and the grass cover on the CDF's inner berm at less
than 50% density when living .
29.
No copy of the SWPPP was present at the CDF during any inspection . Records of
weekly and other inspections were also not maintained by the Respondents
.
30 .
By failing to maintain a copy of the SWPPP, to implement the required storm water
erosion controls and interim stabilization controls such as seeding and mulching, and to conduct
the necessary inspections of storm water controls, the Respondents have violated the NPDES
permit and Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), and Sections 305
.102(b), 309.102(a)
and 309 .146(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code 305 .102(b),
309.102(a) and 309 .146(a).
31
.
By violating the Board's Water Pollution Regulations, the Respondents have also
violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondents, LAKE ARLANN DRAINAGE
DISTRICT, COCHRAN & WILKEN, INC ., and SOUTHWIND CONSTRUCTION :
A .
Authorizing a hearing in this matter at which time the Respondents will be required
to answer the allegations herein ;
B .
Finding that Respondents have each violated the Act and regulations as alleged
herein
;
14
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory
maximum ;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
15
E.
Of Counsel
MICHAEL D . MANKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/557-0586
Dated :
--~ o~~/7
Grant such other and further relief as the Board deems appropriate
.
Respectfully submitted,
16
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
