R~C~jIVED
CLERK’S OFFICE
5.
Defendants, DAVID E. TRIPP and JANICE L. TRIPP (hereinafter
I’WV
TRIPP),
2 4
2003
are
owners of certain real property located directly adjacent and to the east of ~
Pollu~j0,~~
.8
Defendants’ real property being legally described as follows:
Oar
Lot
5
in Block One in Gateway Centre Subdivision, a subdivision of
part of the East
‘/2
ofSection 12, Township 40 North, Range 4, East
ofthe
3td
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 TRTPP.
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, NEWBY placed certain
55
gallon drums, above-ground storage tanks and semi
trailers owned and used by NEWBY on the real property owned by Plaintiffs.
10.
NEWBY did not have consent ofPlaintiffs to place said 55 gallon drums, above-
ground storage tanks or semi trailers on Plaintiffs’ real property.
11.
As a result of NEWBY’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 ofComplainant’s soil and groundwater.
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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 ofan environmental consultant, Wendler
Engineering Services, Inc., for purposes of investigating the source of contamination on
Complainant’s realproperty. Attached hereto asExhibit 1 is the Expanded Site Investigation Report
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 ofNEWBY’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 ofComplainants’ 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;
(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 NEWBY to remediate the contamination and NEWBY
has failed and refused to do so.
16.
The conduct ofDefendant violated one or more of the following provisions of the
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Illinois Environmental Protection Act or regulations pertaining thereto:
(a)
415 ILCS 5/12(a) in that Defendant caused or allowed the discharge of
contaminants into the environment so as to cause or tend to cause water
and/or ground water pollution;
(b)
415 ILCS 5/12(d) in that Defendant deposited or allowed to be deposited
contaminants upon the land in such place and manner so as to create a water
and/or ground water pollution hazard;
(c)
Caused or allowed a discharge ofcontaminants such that the concentration
of contaminants exceeds the Tier 1 remediation objective set forth in 35 Ill.
Admin. Code 742.
WHEREFORE, Complainants pray that this Court enterJudgment in theirfavor and against
Respondent, NEWBY, and provide the following relief:
A.
An award of monetary 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 ofsuit.
E.
Civil penalties assessed againstNEWBY.
COUNT II- TRIPP
1.
Complainant, TERESA L. SHEPRO, Trustee of the Justice W. Shepro Trust
(hereinafter SHEPRO) is the beneficial co-owner ofthe real property which is the subject matter of
this Complaint.
2.
Complainant, FRANK WIEMERSLAGE, (hereinafter WIEMERSLAGE) is the
beneficial co-owner ofthe real property which is the subject matter ofthis Complaint.
3.
Complainants, SHEPRO and WIEMERSLAGE, are the sole beneficiaries under Trust
-4-
No. 898 dated June 29, 1977 ofthe Chicago Trust Company (hereinafter Trust).
4.
The Trust is the owner ofcertain real property located on Oakland Drive, Sycamore,
County ofDeKaib, Illinois, and legally described as follows:
Lot 4 in Block One in Gateway Centre Subdivision, a subdivision of
part ofthe East
V2
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 DeKaIb
County, Illinois.
5.
Respondents, DAVID E. TRIPP and JANICE 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
V2
of Section 12, Township 40 North, Range 4, East
ofthe
3,d
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.
6.
At all pertinent times herein, Respondent, NEWBY OIL COMPANY (hereinafter
NEWBY) was the sole tenant, occupier and operator of the 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
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
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