1. rARTHY
      2. Pollution Control Board
      3. NOTICE
      4. NOTICE
      5. NOTICE
/
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U
TERESA L. SHEPRO, as Trustee ofthe
Justice W. Shepro Trust,
and TERESA L. SHEPRO and
FRANK WIEMERSLAGE, as
beneficiaries under Trust No. 898, ofthe
Chicago Trust Company,
Complainant,
CONTROL BOARD
CLERF~
JUL
2
22003
OFFICE
STATE OF ILLINOIS
Po1/~tj0~Control Board
)
)
V.
~
‘~NEWBYOIL COMPANY, DAVID E.
)
/~TRIPPand JANICE L. TRTPP,
)
Respondents.
)
C
0
MP L AI N T
NOW COME the Complainants, TERESA L. SHEPRO, as Trustee ofthe Justice W. Shepro
Trust, and TERESA L. SHEPRO and FRANK WIEMERSLAGE, as beneficiaries under Trust No.
898, ofthe Chicago Trust Company, by and through their attorneys, WILLIAMS & McCARTHY,
and fortheir Complaint againstthe Respondents, NEWBY OIL COMPANY, DAVID B. TRIPP and
JANICE L. TRIPP, state as follows:
COUNT I
-
NEWBY
1.
Plaintiff, TERESA L. SHEPRO, Trustee ofthe Justice W. Shepro Trust (hereinafter
SHEPRO) is the beneficial co-owner of the real property which is the subject matter of this
Complaint.
2.
Plaintiff, FRANK WIEMERSLAGE, (hereinafterWIEMERSLAGE) is the beneficial
co-owner ofthe real property which is the subject matter ofthis Complaint.
3.
Plaintiffs, SHEPRO and WIEMERSLAGE, are the sole beneficiaries under Trust No.
898 dated June 29, 1977 ofthe Chicago Trust Company (hereinafter Trust).
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)
)
)
4.
The Trust is the owner ofcertain real property located on Oakland Drive, Sycamore,
County of DeKalb, Illinois, and legally described as follows:
Lot 4 in Block One in Gateway Centre Subdivision, a subdivision of
part ofthe East
Y2
of Section 12, Township 40 North, Range 4, East
ofthe ~ P.M., according to the Plat thereofrecorded in Book (R) of
Plats, Page 64, on July
5,
1977, as Document No. 403627 in DeKalb
County, Illinois.
5.
Defendants, DAVID E. TRIPP and JANICE L. TRIPP (hereinafter TRIPP), are
owners of certain real property located directly adjacent and to the east of Plaintiffs’ property,
Defendants~real property being legally described as follows:
Lot
5
in Block One in Gateway Centre Subdivision, a subdivision of
part ofthe East
1/2
of Section 12, Township 40 North, Range 4, East
ofthe 3’~P.M., according to the Plat thereofrecorded in Book “R” of
Plats, Page 64, on July
5,
1977, as Document No. 403627 in DeKalb
County, Illinois.
6.
At all pertinent times herein, Defendant, NEWBY OIL COMPANY (hereinafter
NEWBY) was the sole tenant, occupier and operator ofthe real property owned by TRIPP.
7.
This Complaint is brought as a standard enforcement action before the Illinois
Pollution Control Board pursuant to Section
5(d)
and 31(d) ofthe Illinois Environmental Protection
Act. 415 ILCS
5/5(d)
and
5/31(d).
8.
During all pertinent times herein, NEWBY has operated an oil company on the
premises owned by TRIPP.
9.
During NEWBY’s occupation of TRIPP’s real property, and up to and including at
least July 20, 2001, NEWBYplaced certain
55
gallon drums, above-ground storage tanks and semi
trailers owned and used by NEWBY on the real property owned by Plaintiffs.
2—
10.
NEWBY did not have consent of Plaintiffs to place said
55
gallon drums, above-
ground storage tanks or semi trailers on Plaintiffs’ real property.
11.
As a result ofNEWBY’s business operations, great and dangerous quantities of
petroleum and other harmful chemicals have migrated onto Complainant’s real property causing
environmental contamination and a concern for safety of Complainant’s soil and groundwater.
12.
The conditions created by NEWBY are endangering the health, use and life of
Complainant’s real property and preventing Complainants comfortable and reasonable use and
enjoyment thereof.
13.
Complainants have retained the services of an environmental consultant, Wendler
Engineering Services, Inc., for purposes of investigating the source of contamination on
Complainant’s realproperty. Attached hereto as Exhibit 1 is the Expanded Site InvestigationReport
prepared by Wendler Engineering Services. Pursuant to the Investigative Reports, NEWBY’s
conduct has given rise to subsurface contamination in excess of Illinois EPA Tier 1 remediation
objectives in both soil and groundwater located on Complainant’s real property.
14.
As a direct and proximate cause ofNBWBY’s conduct Complainants have and will
continue to incur damages in one or more of the following ways:
(a)
The presence of these materials and equipment has caused contamination and
pollutants in the soil and ground water of Complainants’ property;
(b)
Complainants have incurred costs related to environmental investigation into the
contamination cause by NEWBY;
(c)
Complainants will incur additional costs in the immediate future related to the
investigation ofthe extent of contamination on Complainants’ real property;
3—
(d)
Complainants will incur substantial costs in the immediate future related to the
remediation ofenvironmental contamination on Complainants’ real property;
(e)
A diminution in the fair market value of Complainants’ real property;
(f)
Damages related to the “stigma” ofhaving environmentally contaminated property,
even after remediation has been completed.
15.
Demand has been made on NEWBY to remediate the contamination and NEWBY
has failed and refused to do so.
WHEREFORE, Complainants pray that this Court enterJudgment in their favor and against
Respondent, NEWBY, and provide the following relief:
A.
An award ofmonetary damages in excess of$50,000.00;
B.
An injunctive order mandating NEWBY to remediate any and all contamination on
Complainants’ real property;
C.
Cease and desist the conduct against the interest ofComplainants;
D.
Cost of suit.
B.
Civil penalties assessed against NEWBY.
COUNT II-
TRIPP
1.
Complainant, TERESA L. SHEPRO, Trustee of the Justice W. Shepro Trust
(hereinafterSHEPRO) is the beneficial co-owner ofthe realproperty which is the subject matterof
this Complaint.
2.
Complainant, FRANK WIEMERSLAGE, (hereinafter WIEMERSLAGE) is the
beneficial co-owner of the real property which is the subject matter ofthis Complaint.
4-
3.
Complainants, SHEPRO and WIEMERSLAGE, are the sole beneficiariesunder Trust
No. 898 dated June 29, 1977 of the Chicago Trust Company (hereinafter Trust).
4.
The Trust is the owner ofcertain realproperty located on Oakland Drive, Sycamore,
County of DeKaib, Illinois, and legally described as follows:
Lot 4 in Block One in Gateway Centre Subdivision, a subdivision of
part of the East
Y2
of Section 12, Township 40 North, Range 4, East
ofthe
3rd
P.M., according to the Plat thereofrecorded in Book (R) of
Plats, Page 64, on July
5,
1977, as Document No. 403627 in DeKaib
County, Illinois.
5.
Respondents, DAVID R TRIPP andJANICE L. TRIPP (hereinafter TRIPP), are
owners ofcertain real property located directly adjacent and to the east ofComplainants’ property,
Respondents’ real property being legally described as follows:
Lot
5
in Block One in Gateway Centre Subdivision, a subdivision of
part ofthe East
Y2
of Section 12, Township 40 North, Range 4, East
ofthe 3’~P.M., according to the Plat thereofrecordedin Book “R” of
Plats, Page 64, on July
5,
1977, as DocumentNo. 403627 in DeKalb
County, Illinois.
6.
At all pertinent times herein, Respondent, NEWBY OIL COMPANY (hereinafter
NEWBY) was the sole tenant, occupier and operator ofthe real property owned by TRIPP.
7.
This Complaint is brought as a standard enforcement action before the Illinois
Pollution Control Board pursuant to Section 5(d) and 31(d) ofthe Illinois Environmental Protection
Act. 415 ILCS
5/5(d)
and 5/31(d).
8.
During all pertinent times herein, NEWBY has operated an oil company on the
premises owned by TRIPP.
5—
9.
During NEWBY’s occupation of TRTPP’s real property, and up to and including at
leastJuly 20, 2001, NEWBY placed certain
55
gallon drums, above-ground storage tanks and semi
trailers owned and used by NEWBY on the real property owned by Complainants.
10.
NEWBY did not have consent ofComplainants to place said
55
gallon drums, above-
ground storage tanks or semi trailers on Complainants’ real property.
11.
As a result of TRIPP’s business operations and lease of the premises, great and
dangerous quantities ofpetroleum and other harmful chemicals have migrated onto Complainant’s
real property causing environmental contamination and a concern for safety of Complainant’s soil
and groundwater.
12.
The conditions created by TRIPP are endangering the health, use and life of
Complainant’s real property and preventing Complainants comfortable and reasonable use and
enjoyment thereof.
13.
Complainants have retained the services of an environmental consultant, Wendler
Engineering Services, Inc., for purposes of investigating the source of contamination on
Complainant’s real property. Attached hereto as Exhibit 1 is the Expanded Site Investigation Report
prepared byWendler Engineering Services. Pursuant to the Investigative Reports, TRIPP ‘s conduct
has given rise to subsurface contamination in excess ofIllinois EPA Tier 1 remediation objectives
in both soil and groundwater located on Complainant’s real property.
14.
As a direct and proximate cause of TRIPP’s conduct Complainants have and will
continue to incur damages in one or more of the following ways:
(a)
The presence of these materials and equipment has caused contamination and
pollutants in the soil and ground water of Complainants’ property;
6—
(b)
Complainants have incurred costs related to environmental investigation into the
contamination cause and allowed by TRIPP.
(c)
Complainants will incur additional costs in the immediate future related to the
investigation ofthe extent ofcontamination on Complainants’ real property;
(d)
Complainants will incur substantial costs in the immediate future related to the
remediation of environmental contamination on Complainants’ real property;
(e)
A diminution in the fair market value ofComplainants’ real property;
(f~
Damages related to the “stigma” ofhaving environmentally contaminated property,
even after remediation has been completed.
15.
Demand has been made on TRIPP to remediate the contamination and TRIPP has
failed and refused to do so.
WHEREFORE, Complainants pray that this Court enterJudgment in their favor and against
Respondent, TRIPP, and provide the following relief:
A.
An award ofmonetary damages in excess of$50,000.00;
B.
An injunctive order mandating TRIPP to remediate any and all contamination on
Complainants’ real property;
C.
Cease and desist its negligent conduct against the interest ofComplainants;
D.
Cost of suit.
E.
Civil penalties assessed against TRIPP.
/~
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~OJQ~A~
TERESA L. SH RO, as Trhstee ofthe Justice W. Shepro Trust,
and as beneficiary under Trust No. 898 ofthe Chicago
Trust Company
7—
FRANK WIEMERSLAGE, as beneficiary under Trust No. 898 of
the Chicago Trust Company
TERESA L. SHEPRO, as Trustee of the Justice
W. Shepro Trust, and TERESA L. SHEPRO and
FRANK WIEMERSLAGE, as beneficiaries under
Trust No. 898, ofthe Chicago
Trust Company, Complainants
By WILLIAMS & McCARTHY
By:
~
~
C~y~nL.Lindsey
Clayton L. Lindsey
WILLIAMS & McCARTHY
607 Washington Street
P.O. Box 339
Oregon, IL 61061
815/732-2101
Fax 815/732-2289
clindsey@wilmac.com
Complaint(bk)
8—
rARTHY
July
15,
2003
RECEIIVED
CLERK’S OFFV’E
JUL 2 32003
STATE OF IWNOIS
Pollution Control Board
Clerk of the Illinois Pollution Control Board
600 South 2nd Street
Springfield, IL 62704
Re:
Shepro v. Newby Oil Company, et al.
Dear Clerk:
We are enclosing the original and nine (9) copies ofthe Complaint and Notices which have
been filed relating to the enclosedComplaint before the Illinois Pollution Control Board. We would
ask that these filed and assigned a number before the Illinois Pollution Control Board. Please return
a file-stamped copy ofthe Complaint to me for my records.
Ifthere are any updatedprocedural handouts foractions before the Illinois Pollution Control
Board, please advise. This action is being filed pursuant to Section 31 ofthe Illinois Environmental
Protection Act.
Very truly yours,
WILLIAMS & MCCARTHY
Enclosures
cc:
Teresa L. Shepro (w/o enclosures)
Frank Wiemersiage (w/o enclosures)
Clerk.IOl(bk)
Clayton L. Lindsey
Attorneys at
Law
607
Washington Street, P.O. Box 339 Oregon, Illinois 61061-0339
(815) 732-2101 Facsimile: (815) 732-2289 Principal Office: Rockford, Illinois
Web Site: www.wilmac.com E-Mail: mail@wilmac.com
CLAYTON
L LINDSEY
EMAIL: CLINDSEY@WJLMAC.COM
RECEJIVED
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
STATE
JUL
OF
232003
ILLINOIS
Pollution Control Board
TERESA L. SHEPRO, as Executor ofthe
)
Estate ofthe Justice W. Shepro, deceased,
)
and FRANK WIEMERSLAGE, as
)
beneficiaries under Trust No. 898, ofthe
)
Chicago Trust Company,
)
Plaintiff,
)
)
v.
)
NO.
~4
~~c~-g)---
)
NEWBY OIL COMPANY, DAVID E.
)
TRIPP and JANICE L. TRIPP,
)
Defendants.
)
NOTICE
TO:
NEWBY OIL COMPANY, 2270 W. Oakland Drive, Sycamore,
IL 60178
This is to provide you with Notice that the attached Complaint has been filed before the
Illinois Pollution Control Board. You are hereby being placed on Notice pursuant to Title 35 ofthe
Illinois Administrative Code, Section 103.204.
TERESA L. SHEPRO, as Trustee ofthe Justice
W. Shepro Trust, and TERESA L. SHEPRO and
FRANK WIEMERSLAGE, as beneficiaries under
Trust No. 898, ofthe Chicago
Trust Company, Complainants
By WILLIAMS & McCARTHY
By:
WILLIAMS & McCARTHY
607 Washington Street
P.O. Box 339
Oregon, IL 61061
815/732-2101
Fax 815/732-2289
clindsey@wilniac.com
Notice.O
I (bk)
I certify that I served this Notice on Respondent as follows:
(a)
--
(Individual respondent--personal):
By leavinga copy ofthis Notice with a copy ofthe Complaint with the respondent personally
on the date and time ofthe day when the Notice ofHearing was left with the respondent.
(b)
--
(Individual respondent--abode):
By leaving a copy ofthis Notice at the usual place ofabode ofthe respondent with a person
ofrespondent’s family, ofthe age of 13 years or upwards, informing that person ofthe contents of
the Notice.
Private Process Server
RECEIVED
CLFRI’S
~F1v’~
ILLINOIS POLLUTION CONTROL BOARD
JUL
23 2003
STATE OF ILLINOIS
TERESA L. SHEPRO,
as Executor ofthe
)
Pollution Control Board
Estate ofthe Justice W. Shepro, deceased,
)
and FRANK WIEMERSLAGE, as
)
beneficiaries under Trust No. 898, of the
)
Chicago Trust Company,
)
Plaintiff~
)
v.
)
NO.
)
NEWBY
OIL COMPANY, DAVID E.
)
TRIPP and JANICE L. TRIPP,
)
Defendants.
)
NOTICE
TO:
JANICE L. TRIPP, 1117 Commercial Street, Sycamore, IL 60178
This is to provide you with Notice that the attached Complaint has been filed before the
Illinois Pollution Control Board. You are hereby beingplaced on Notice pursuant to Title 35 ofthe
Illinois Administrative Code, Section 103.204.
TERESA L. SHEPRO,
as Trustee ofthe Justice
W.
Shepro Trust, and
TERESA L. SHEPRO
and
FRANK WIEMERSLAGE, as beneficiaries under
Trust No. 898, of the Chicago
Trust Company, Complainants
By WILLIAMS & McCARTHY
By:_______
Clay
L. Lindsey
WILLIAMS & McCARTHY
607 Washington Street
P.O. Box 339
Oregon, IL 61061
815/732-2101
Fax 815/732-2289
clindsey@wilmac.com
Notice.0 I (bk)
I certify that I served this Notice on Respondent as follows:
(a)
--
(Individual respondent--personal):
By leaving a copy ofthis Notice with a copy ofthe Complaint with the respondent personally
on the date and time ofthe day when the Notice ofHearing was left with the respondent.
(b)
--
(Individual respondent--abode):
By leaving a copy ofthis Notice at the usual place ofabode ofthe respondent with a person
ofrespondent’s family, ofthe age of 13 years orupwards, informing that person ofthe contents of
the Notice.
Private Process Server
I certify that I served this Notice on Respondent as follows:
(a)
--
(Individual respondent--personal):
By leaving a copy ofthis Notice with a copy ofthe Complaint with the respondent personally
on the date and time ofthe day when the Notice ofHearing was left with the respondent.
(b)
--
(Individual respondent--abode):
By leaving a copy ofthis Notice at the usual place ofabode ofthe respondent with a person
ofrespondent’s family, ofthe age of 13 years orupwards, informing that person ofthe contents of
the Notice.
________
Private Process Server
-2-
RECEIVED
CLERK’S ~
ILLINOIS POLLUTION CONTROL BOARD
JUL
232003
STATE OF ILLINOIS
TERESA L. SHEPRO, as Executor ofthe
)
Pollution Control Board
Estate ofthe Justice W. Shepro, deceased,
)
and FRANK WIEMERSLAGE, as
)
beneficiaries under Trust No. 898, ofthe
)
Chicago Trust Company,
)
Plaintiff,
)
v.
)
NO.
I
)
NEWBY OIL COMPANY, DAVID E.
)
TRIPP and JANICE L. TRIPP,
)
Defendants.
)
NOTICE
TO:
DAVID E. TRIPP, 1117 Commercial Street, Sycamore, IL 60178
This is to provide you with Notice that the attached Complaint has been filed before the
Illinois Pollution Control Board. You are hereby being placed on Notice pursuant to Title 35 ofthe
Illinois Administrative Code, Section 103.204.
TERESA L. SHEPRO, as Trustee of the Justice
W. Shepro Trust, and TERESA L. SHEPRO and
FRANK WIEMERSLAGE, as beneficiaries under
Trust No. 898, ofthe Chicago
Trust Company, Complainants
By WILLIAMS & McCARTHY
By:
49~
Cl~tonL. Lind~.-.-’
WILLIAMS & McCARTHY
607 Washington Street
P.O. Box 339
Oregon, IL 61061
815/732-2101
Fax 815/732-2289
clindsey@wilmac.com
Notice.0 I (bk)
I)
I.

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