RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
MAY -6 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel. LISAMADIGAN, Attorney
)
PoUulionControJBjd
General of the State ofIllinois,
)
)
Complainant,
)
4
)
PCBNo.04-
I
v.
)
(Enforcement
-
Water)
)
DUR-O-WAL, INC., an Illinois
)
Corporation,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Steve Huston do
Jennifer T. Nijman
Winston & Strawn
35
West Wacker Drive
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed the Complaint with the Office of the
Clerk ofthe Illinois Pollution Control Board, a true and correct copy ofwhich is attached hereto
and herewith served upon you. Pursuant to 35 Iii. Adm. Code 103.204(f), I am required to advise
you that failure to file an answer to this Complaint within 60 days may have severe
consequences. Failure to answer will mean that all allegations in the Complaint will be taken as
if admitted for purposes of this proceeding. Ifyou have any questions about this procedure, you
should contact the hearing officer assigned to this proceeding, the Clerk’s Office or an attorney.
Pursuant to
415
ILCS
5/3
1(c)(1), I am required to advise you that financing may be available
through the Illinois Environmental Facilities Financing Act to correct the violations.
• PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
BY:
__________
BRIDGET M. CARL~ON
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312)814-2069
Attorney No. 99000
•
•
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
-
62004
•
• •
STATE OFILLINOIS
PEOPLE OF
THE
STATE OF
ILLINOIS,
)
•
Pollution Control Board
ex rel. LISA MADIGAN, Attorney
General of the State of Illinois,
Complainant,
PCB No. 04-
1
V.
)
(Enforcement
-
Water)
IJTJR-O-WAL, INC., an Illinois
Corporation,
•
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General of the State of Illinois, complains of Respondent,
DUR-O-WAL, INC., an Illinois corporation, as follows:
COUNT I
WATER POLLUTION
1. This Complaint isbrought by LISA
MADIGAN,
Attorney
General of the State of Illinois, on her own motion pursuant to the
terms and provisions of Section 31 of the Illinois Environmental
protection Act (“Act”)
,
415 ILCS 5/31 (2002)
•2. At all times relevant to this Complaint, Respondent,
DUR-O-WAL, INC. (“Dur-O-Wal”), is and was an Illinois corporation
authorized to transact business in the State of Illinois.
3. At all times relevant to this Complaint, Dur-O-Wal is
and was the owner and operator of a facility located at 625 Cram
Street, Aurora, Kane County, Illinois (“facility”)
4. Adjacent to the North and West of Respondent’s facility
are residential properties which utilize groundwater for drinking
purposes through the use of residential wells.
5. The processes at Respondent’s facility include wire
drawing, fabrication, and zinc galvanizing.
6. Respondent utilizes a valve pit at its facility in
connection with its zinc galvanizing process.
7. On or about March 27, 1998, or on a date better known to
Respondent, Respondent’s valve pit began to fill with water.
8. On information and belief, the source of the water
entering the valve pit was groundwater leaking from a breach in the
valve pit wall where a wastewater line enters the valve pit.
9. On or about March 27, 1998, until at least April 8,
1998, or on dates better known to Respondent, Respondent employed a
mobile pump to discharge an unspecified volume of waste water from
its valve pit.
•
10. Respondent discharged waste water from its valve pit to
a storm sewer located adjacent to its facility which, in turn,
discharged tO an unnamed tributary of the Fox River.
11. At the point of discharge, these surface discharge
waters are effluent waste waters. Sectio~i 301.275 of the Board
Water pollution Regulations, 35 Ill. Adm. Code 301.275, provides
the following definition:
~~Eff1uent~tmeans any wastewater discharged, directly or
indirectly, to the waters of the State or to any storm
sewer, and the runoff from land used for the
• disposition of wastewater or sludges,
12. On April 8, 1998, a representative of the Fox Metro
Water Reclamation District observed Respondent discharging waste
water to the adjacent storm sewer and instructed Respondent to
2
cease said discharge. Respondent ceased its discharge effluent to
the storm sewer on April 8, 1998.
13. On April 7, 1998, prior to ceasing its discharge,
Respondent collected a sample of the waste water present in the
valve pit for laboratory analysis. The laboratory analysis
detected the presence of lead, zinc, iron, chromium, total
suspended solids and low pH levels in the discharged waste water.
These contaminants are consistent with the products used in metal
fabrication and metal coating operations at the facility.
14. Section 12(a) of the Act, 415 ILOS 5/12(a) (2002),
provides 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.
15. Section3.165 of the Act, 415 ILCS 5/3.165 (2002),
provides the following definition:
“CONTAMINANT” is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
16. Lead, zinc, iron, chromium, total suspended solids, and
low pH levels are “contaminants” as that term is defined by Section
3.165 of the Act.
17. Pursuant to authority granted in Sections 13 and 27
of the Act, 415 ILCS 5/13 and 5/27 (2002), the Illinois Pollution
Control Board (“Board”) promulgated rules and regulations which
establish criteria for water pollution control, codified at 35 Ill.
3
Adm. Code Subtitle C, Chapter I (“Water Pollution Regulations”).
18. Section 304.105 of the Board Water Pollution
RegulationS, 35 Ill. Adm. Code 304.105, titled Violation of Water
çuality Standards, provides, •in relevant part, as follows:
• In addition to the other requirements of this Part, no
effluent shall, alone or in combination with other
•
sources, cause a violation of any applicable water
quality standard. When the agency finds that a
discharge which would comply with effluent standards
•
contained in the Part would cause or is causing a
violation of water quality standards, the Agency shall
take appropriate action under Section 31.. .of the Act to
require the discharge to meet whatever effluent limits
are necessary to ensure compliance with the water
• quality standards.
19. Section 304.124, 35 Ill. Adm. Code 304.124, provides the
water quality standards as follows:
No person shall cause or allow the concentration of the
following constituents in any effluent to exceed the
following levels, subject to the averaging rules
contained in Section 304.104(a).
20. The concentrations of contaminants of concern at Dur-O-
Wal from the waste water sample collected from the effluent
discharge on April 7, 1998 exceeded limitations in water quality as
described in Section 304.105, 35 Ill. Adm. Code 304.105. The
resulting laboratory analytical data are provided as follows:
Constituent *Concentration at
**Concentration
Dur-O-Wal in mg/L
limitation in mg/L
Lead
59.1
1.0
Zinc
40,650
•
•
5.0
Iron
9,023
10.0
TSS
•
390
•
15.0
pH
•
•
1.25
6-9
4
The concentration limitations permitted by the Board, rules have been adjusted
subject to the averaging rules contained in Section 304.104(a)
• *
From effluent sample collected April 7, 1998.
**
Limitations from 35 Ill.Adm.Code 304.124.
21. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
provides the following definition:
“PERSON” is any individual, partnership, co-partnership,
firm, company, limited liability company, corporation,
association, joint stock company, trust, estate,
political subdivision, state agency, or any other legal
entity, or their legal representative, agent or assigns.
22. Respondent is a”person” as that term is defined in
Section 3.315 of the Act.
23. Section 3.545 of the Act, 415 ILCS 5/3.545 (2002),
provides the following definition:
“WATER POLLUTION” is such alteration of the physical,
thermal, chemical, biological or radioactive properties
of any waters of the State, or such discharge of any
contaminant into any waters of the State, as will or is
likely to create a nuisance or render such waters
harmful or detrimental or injurious to public health,
safety or welfare, or domestic, commercial, industrial,
agricultural, recreational, or other legitimate uses, or
to livestock, wild animals, birds, fish, or other
aquatic life.
24. Section 3.550 of the Act, 415 ILCS 5/3.550 (2002),
provides the following definition:
“WATERS” means all accumulations of water, surface and
underground, natural, and artificial, public and
private, or parts thereof, which are wholly or partially
within, flow through, or border upon the State.
25. The groundwater underlying Respondent’s facility and the
unnamed tributary of the Fox River to which Respondent discharged
are “waters” as that term is defined in Section 3.550 of the Act.
26. On or about March 27, 1998, until at least April 8,
5
1998, or on dates better known to Respondent, Respondent employed a
mobile pump to discharge contaminants to a storm sewer which, in
turn, discharged to waters of the State.
27. By discharging contaminants to a. storm Sewer, Respondent
discharged, to waters of the State and in turn caused, threatened or
allowed the discharge of contaminants into the environment so as to
cause or tend to cause water pollution in violation of Section
12 (a) of the’ Act, 415 ILCS 5/12 (a) (2002)
28. By discharging contaminants, above applicable effluent
water quality standards, to a storm sewer, Respondent violated
water quality standards in accordance with Section 304.105 of the
Board Water Pollution Regulations, 35 Ill. Adm. Code 304.105.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent, DUR-
0-WAL, INC., on this Count I:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act as alleged
herein;
3. Ordering Respondent, to cease and desist from any further
violations of the Act and regulations;
• 4. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act, and an
additional penalty of ten thousand dollars ($10,000.00) for each
day during which each violation continued thereafter pursuant to
Section 42(a) of the Act, 415 ILCS 5/42(a) (2002);
5
.•
Awarding to Complainant its costs and reasonable’
attorney’s fees pursuant to Section 42(f) of the Act, 415 ILCS
6
42(f) (2002)
; and
6. Granting such other relief as the Board deems
appropriate and just.,
COUNT II
OPERATION OF FACILITY CAUSING WATER POLLUTION WITHOUT A PERMIT
1-20. Complainant realleges and incorporates by reference
paragraphs 1 through 13, and 15 ‘through 21 of Count I as paragraphs
1 through 20 of this Count II.
21. Section 12(b) of the ‘Act, 415 ILCS 5/12(b) (2002),
provides, in relevant part, as follows:
No person shall:
***
b. Construct, install, or operate any equipment,
facility,
. ...
capable of causing or contributing
to water pollution, or
. . .
of any type designated
by Board regulations, without ‘a permit granted by
the’ Agency, or in violation of any conditions
imposed by such permit.
•
22-25. Complainant realleges and incorporates by reference
paragraphs 22 through 25 of
Count I, as paragraphs 22 through 25 of
this Count II.
26. Section 304.141(b) of’the Board Water Pollution
RegulatiOns, 35 Ill. Adm. Code 304.141(b), titled NPDES Effluent
Standar~.a, provides, in relevant part, as follows:
b. No person may discharge any pollutant subject to,
or which contributes or threatens to cause a
violation of, any applicable federal or state water
quality standard, effluent standard,’ guideline or
other limitation, promulgated pursuant to the
Clean Water Act or the Act, unless limitation for
such a pollutant has been set forth in an
applicable NPDES Permit
. . .
‘
27. On or about March 27, 1998, until at least April 8,
1998, or on dates better known to Respondent, Respondent employed a
7
mobile pump to discharge waste water contaminants to a storm sewer
which, in turn, discharged to waters of the State.
28. Respondent was not granted an NPDES permit to discharge
waste water from its facility, contaminated with lead, zinc, iron,
chromium, total suspended solids and low pH levels to a storm sewer
in turn discharging to waters of the State.
29. By discharging contaminated waste water to a storm sewer
from its facility without an NPDES permit, Respondent violated
SectiOn 12(b) of the Act, 415 ILCS 5/12(b) (2002), and Section
304.141(b) of the ‘Board Water Pollution Regulations, 35 Ill. Adm.
Code 304.141(b)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent, DUR-
0-WAL, INC., on this Count II:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violationS of’ the Act and regulations;
4.
‘
Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act, and an
additional penalty of ten thousand dollars ($10,000.00) for each
day of violation pursuant to Section 42(b) (1) of the Act, 415 ILCS
5/42(b) (1) ‘(2002);
5. Awarding to Complainant its costs and, reasonable
attorney’s fees pursuant to Section 42(f) of the Act, 415 ILCS’
5/42(f) (2002); and
8
6. Granting such other relief as the Board deems
appropriate and just.
COUNT III
NPDES STORM WATER PERMIT VIOLATION
1-13. Complainant realleges and incorporates by reference
paragraphs 1 through 13 of Count I, as paragraphs 1 through 13 of
this Count III.
14. Section 12(f) of the Act, 415 ILCS 5/12(f) (2002),
provides, in relevant part, as follows:
No’ person shall:
‘
***
f. Cause, threaten or allow the discharge of any
contaminant into the waters of the State, as
defined herein, including but not limited to,
waters to any sewage works, or into any well or
from any point source within the State, without an
NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in
violation of any term or condition imposed by such
permit, or in violation of any NPDES permit filing
requirement established under Section 39 (b), or in
violation of any regulations adopted by the Board
or
of any order adopted by the Board with respect
to the NPDES program
.
15-23.
Complainant realleges and incorporates by reference
paragraphs 15 through 17, and paragraphs 20 through.25 of Count I,
as paragraphs 15 through 23 of this Count iii.
24. Section 309.102(a) of the Board Water Pollution
Regulations, 35 Ill. Adm. Code 309.102(a), titled’NPDES Permit
Required, provides as follows:
a. Except as in compliance with the provisions of the
Act, Board regulations, and the Clean Water Act,
and the provisions and conditions of the NPDES
permit issued to the discharger, the discharge of
any contaminant or pollutant by any person into the
waters of the State from a point source’ or into a
well shall be unlawful.
9
25. Respondent’s facility’ operates under Illinois EPA
general storm water permit No. ILR005451 pursuant to the National
Pollutant Discharge Elimination System (“NPDES”)
26. The provisions and conditions
of Respondents NPDES
Permit No. 1LR005451 do not permit Respondent to discharge waste
water into waters of the state including sewage works which
contains lead, zinc, iron, chromium, total suspended solids, or low
pH levels to a storm sewer from its facility.
27. Respondent was not issued an NPDES permit which permits
it to discharge lead, zinc, iron, chromium, total suspended solids,
or low
pH levels to a storm sewer.
-
28. By violating the provisions and conditions of its NPDES
storm water permit, Respondent violated Section 12(f) of ‘the Act,
415 ILCS 5/12(f) (2002), and Section 309.102(a) of the B’oard Water
Pollution Regulations, 35’ Ill. Adm. Code 309.102(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter an order in favor of Complainant and against Respondent, DUR-
0-WAL, INC., on this Count III:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the.Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
‘
4. Assessing against’Respondent a civil penalty of ten
thousand dollars ($10,000.00) for each day of violation pursuant to
Section 42(b) (1) of the Act, 415 ILCS 5/42 (b) (1) (2002)
;
5.
‘
Awarding to Complainant its costs and reasonable
10
attorney’s fees pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2002); and
6. Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,,
by LISA MADIGAN,, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
(,~A~.)bestosLitigat~ö~Division
BY:
Assistant Attorney General
OF COUNSEL:
BRIDGET M. CARLSON
Environmental Bureau
Assistant Attorney General
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
312-814-0608
Attorney ID: 99000
11
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the Complaint was sent by certified
mail with return receipt requested to each ofthe persons listed on the Notice ofFiling on May 6,
2004.
BY:
o~t~&i~
BRIDG~tM. CARLSON
It is hereby certified that the originals plus nine (9) copies ofthe foregoing were hand-
delivered to the following person on May 6, 2004:
Pollution Control Board, Attn:
Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
___________
BPJDG~M. CARLSON
