FIRST Ah3ENDED COMPLAINT
COUNT I
COUNT 111

BEFORt THE ILLINOIS PO1,LUTlON CONTROL BOARD

THE STATE OF ILLINOIS

MATHER INVESTMENT

)

PROPEK'TIEIS, L..L,.C'.;

)

C'ounplainant,

)

Case No. 05-29

1LLlNOIS STATE TRAPSHOOTERS

ASSOCIA1 ION. IhC

)

Respondent.

FIRST Ah3ENDED COMPLAINT

NOW COMES Complainant Mather Investment Properties, L.L.C., an Illinois Limited

Lialility Company, by and through its attorneys, Sorling, Northnip, Hanna, Cullen

Cochran, R.

Gerald Barris and Cliarles J. Norlhrup, of counsel, and for its First iheiided Complairit agaiiist

Kespondcni illinois Trapshooters Association, Inc., states as follows:

Pantlier Creek Office Park, L1,C (hereinafter PAN7'1-IER CREEK) is an Illinois

Limited Liability

Co~npany located in Springfield, Illinois.

Mather Investment Properties LLC (hereinafter WIATHfXj is an Illinois Limited

Liability Company located in Springfield, Illinois.

Respondent

Illinois

State Trapshooters

Association,

Inc. (hereiriafter

TRAPSHOOTERS) is an Illinois not-for-profit corpoi-ation.

Oil or abo~tt October I 3, 1998 PANT!IER CREEK entered into a contract to purcl!ase

approximatcly 64 acres of real estate in Sai?ga~non Co~inty, Illinois (hereinafter tile PROPERTY)

from TRAPSHOOTERS, located

soutliwest of the City of Springfield, Illinois, generally at tbe

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

ir~tcrscctioii oi' liltci-stalc 72 rind lllinois Route 4: con-niionly 1tnown as 3000 Mathers Road, and

legally described as:

Ille Soul11 3.88 acres or the East Half ofthe Southeast Quarter of Scction

11;

'The Nortlieast Quarter of the Northeast Quarter of Section 21; EXCl':P?'INC;

IEIEREFROM a 0.102 acre tract conveyed to tile State of Illinois, Department oS

Transportation, by Warranty Deed dated May 6, 1994, and recordeci Jirne 27,1904 as

Docu~ne~lt

No. 94-26746;

The South 3 91 acres of West Half of the Southeast Quarter of said Sectlon 13,

The

Korlliwest Quarter of Northeast Quarter of said Section 24; All in township 15

North, Ilaige 6 West of the Third Principal meridian in Curran Tournship;

Sltuated 111 Smgamon County, Illino~s

On or about August 24, 1999, PANTHER CREEK, TRAPSHOOTERS and

MATFIER

amcndeci the contract and confirmed its ass~gnment to MATHER

MATHER has perlornled all of its obhgations under the contract and tooli t~tle to the

PROPERTY on September 28, 2000

tlnies Itnourn better by TRAPSHOOTERS, but slnce the 1 930's, ail outdoor gin

shootmg range, more recently linown as the Mathcr Gun Club, operated on the PROPERTY.

At tnnes known better by TRAPSHOOTERS, but at least between 1988 and 1998,

TRAPSHOOTERS owned the PROPERTY and operated

it as an outdoor gun shoot~ng range

Duniig the TRAPSFIOOTERS ownership and operat~on ofthc PROPERTY, lead

shot, as well as

brolteii clay targets, were discharged, deposited, and otherwise come to be located on

the PROPFRTY as a

resiilt ofact~vilies at the outdoor gun shootlng range

Piio~ to Septembe~, 1998, TRAPSHOOTERS had been consrdermg selhi~g the

PROPERTY lor development and had stopped using the propel-ty as an outdoor shooting range.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

11.

For over a ciecade priol- to September, 1998, Trapshootel-s intaitionally left ant1

abantioueti broken clay targets rind lead shot in the soil arid I-entcd the property to

C~r~-med

rnid had

tlic land

rtnd clay targets tillcd into tlie soil each year.

12.

Prior to Scptcmbe~-. 1998 TRAPSHOOTERS retained an environmental consultant to

prepare

Phasc 1 cnvircmnicntal assess~iient of the PROPERTY. In September, 1998, such an

environmental assessment was prepared. Despite the use of the PROPERTY as a gun range for

approximately

Inore than 50 years, that assessment identified no "recognized environmental

condition" associated with the PROPERTY.

13.

In or ahout September, 1908, the Phase I environmental assessment identified above

in paragraph twelve was provided to

MATHER as evidence of the environnlental condition of the

PROPERTY.

14.

Based upon the represeiitation in the 'TRAPSHOOTERS' Phase I environmental

assesslnent that there miere no "recognized eiivironmental conditions" at the PROPERTY,

MATHER, as noted above in paragraph eleven, purchased tlie PROPERTY for coin~nerciai

development.

15.

011 August 17, 2001, tlie Illinois Environinental Protection Agency sent a letter to

MATEiER informing it that any development or construction on the PROPERTY would be a new

use of the PROPERTY,

and talten in combination with ihe contami~~ation

resulting from activities at

tlie former shooting range, could pose an unaccept&le risk to human health and/or the enviro~ntient.

(A true and exact copy of the IEPA letter is attached as Exhibit

1 .)

Subsequent to receipt ofthe Angost 17,2001 letter frorn the Illinois EPA, MATHER

retained an iiidcpendcnt and qualified environmental consultant to delineate the scope and extent of

the presence of lead fl-agments, broken clay targets, and associated contamination, address concerns

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

with tl~e Illinois EP.4, ant1 dcvclop

remedial plan for the PROPERTY. 7'0 datc. MAT'HER has

ilicurred costs to this consultant (not including subcontractors or analytical costs) in excess of

180.000.

17.

Subscq~lent to the receipt of thc August 17, 2001 lcitcr ti.0111 tlic Illinois EPA.

MA'I'HER'S environmental consultant identified a "shot Call zone" across the length of the

PROPERTY wl~ich contains lead fragments, broken clay targets, and associated contanlinatioii. This

"shot fall zone"

represents approximately 30 acres ofthe entire 64 acre property.

18.

In or about July, 2002; and with the consent of the Illinois EPA, MATHER caused

and paid for the surface soil

ofthe "shot fit11 zoiie" to be "mined" for lead resulting in the collectio~l

of approxim~~tely

101,000 lbs or lead fkagments. The cost of this activity was approximately

$1 03,000. Additional lead

fragmciits and associated contamination remains on-site.

19,

111 or about July, 2002, and at the request ofthe Illinois EPA, MATHER caused and

paid for the

removal ofbroken clay targets on aportion ofthe PROPERTY. The cost of illis activity

was

approximately

30,000. Additional brolcen clay targets may remain on-site.

20.

.4s of the filing of this Complaint, 110 development of any ltind has talcen place on the

PROPERTY.

COUNT I

(415 ILCS 5/2I(e)

Waste Abandonment)

1-20.

Complainant hereby realleyes and restates the allegations of paragraplls one

tl~rough

20 of the General Allegatioi~s above as paragraphs one through 20 of this Co~ult I.

21.

Section 21(e) of the Act provides that:

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

(c)

Dispose, treat, store or

ahandon any waste, or transport any

wnstc into this State ibr disposal, treatment, storage or abandonnient,

except at a site or f:~cility which mcets the reiluirenlcnts of this Acl

allid ofrcgi~lations and standards thereunder.

Scct~on

53 of tlic Act defi~lcs "waste"

'1s

follows

"WASTE"

meiuis any garbage, sludge froin a waste treatment plant,

water supply treatment plant, or air pollution control racility or other

discarded material, including solid, liquid, semi-solid or contained

gaseous

niaterial resulting fiom industrial, coniniercial, mining and

>igr:ricultural operations, and kom coinmunity activities, hut does not

include solid

or dissolvcd material in domestic sewage, or solid or

dissolvcd materials in irrigatioli return flows, or coal con~bustion by-

products as defined in

Sect:riori 3.94, or industrial discharges c\.~hich

are

point sources subject to pcrinits under Section 402 of the Federal

Water Pollution Control Act, as now or hereafter amended, or source,

special nuclear, or by-product materials as defined by the

Atomic

Energy Act of 1954, as amended (68 Stat. 921) or any solid or

discharged material from any facility subject to

Federal Surface

Mining Control

and Reclamation Act of 1977 or tlie I-ules and

regulations thereunder or any law or rule or regulation adopted by the

State of Illinois pursuant

tliercto.

23.

The lead fragments, broken clay targets, and assoc~ated contamination curl-ently

cxlsting on il~e PROPERTY, and exlstiiig at tlie time of the transfer of il~e PROPERTY, coust~tute

waste."

24.

Section 3.215 oftlie Act defines "liazardous s~~bstanee"

as:

"Hazardous

substaice" means: (A) any substance designated pursuant to Section

31 1 (b)(2)(A) oftlie Federal Water Pollution Control Act (P.L,. 92-50), as amended,

(B) any element, componnd, mixture, solution, or substance designated pursuant to

Section 102 of the

Coinprehensive Environ:nenlal Response, Conipel~sation, and

LiaLility Aci of 1980 (P.L. 96-510, as amended, (C) ally hazardous waste, (D) any

toxic pollutant listed under Section

307(a) oftlie Federal Water Pollution Control Act

(P.L.

92-500) as amended, (E) any liazardous air pollutant listed under Section 112 of

the Clean Air Act (P.L. 95-95), as amended, (F) ally imminently hazardous chemical

s~ibstancc or mixture with respect to wliicli the Administrator of the U.S.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

Environine~~i~il

Protection Agency has taken action pursuanl to Sectioli 7 ofthe Toxic

Substances Act

(P.L. 943-469), as anzended. The tcrnl does not include petrolenm,

including crnde oil or any fraction thereof which is not othcrwisc speciiically listcd or

clcsignaied as ;I ha~ardo~is

suhslaitce nniier subparagraphs (A) throiigh (F) or this

paragrapli, and tlic tcriu iloes not include natural gas, natural gas licjuicls, licjueiied

natur:lI gas. or syntlietic gas ilsal>le [or f~iel or inixturcs of natural gas and siich

synthetic gas.

25.

Tlze Icad fragments aiid associated contamination currently existing on the

PROPEIITY, and cxisting at the tirue of tlie transfer of the PROPERTY, constitutes "ha~.ardous

Section 3 185 of the Act defines "D~sposal" '1s

"Disposal" means the discharge, deposit, injection. dumping, spilling, leaking or

placing

ofany waste or hazardous wastc into or on any land or water or into any well

tliat s~~ch

waste or hazardous waste or any constituent thereof may enter the

eizvironment or be emitted into tlie air or discharged into any waters, including

ground waters.

27.

TRAPSHOOTERS, by placing, discharging, depositing and otherwise allowing tlie

Icad,

target fragn~cnts and other contaiz~~nat~on

to remain at the PROPERTY, dlsposed of such wastc

at the

PROPIZRTY

25.

By ceasing use of the propelfy

an outdoor sl~ooting range and/or transferring the

PROPER'I'Y to MATHER as descr~bed above in paragraphs four and five, andlor allow~ng ihe lead,

target debris, and associated contamination to

rernai~l or] the PROPERTY, TRAPSHOOTERS

abandoned tlie

lcad fragments, broken clay targets, ancl associated contamination existing on the

PROPERTY.

At the tmie the TRAPSHOOTERS d~spored andlor abandoned tlie waste at tlle

PROPERTY, the PROPERTY was slot pemxtted by the Illino~s EPA as a waste disposal, t~ eatmel~t

or storage site and tlius did not ll~eet any requirements of the Act or rcgulatlons or standard

promulgated thereunder

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

WHFKFFORF. for the al1o\ c redsons, Compla~nant MATHER respectfully tcqucsts that tlni

Board cnter in1 Orcicr on this Co~int I declaring, adjudging and decreeing as follows:

(a)

lliat Rcspc7ndent TRAPSHOOTERS violated Section 2l(e) of the Illinois

Environmenlal Protcctioli Act (41

II,CS 5/2l(e));

(b)

That

pnrsuant to Section 42(a) of the Illinois Environme~~tal

Proleciioil Act

Respondent IRAPSHOO'I'EKS sl~all pay a c1v11 penalty of$50,000 tbr each such violdtlon,

(c)

'That pnrsuaslt lo Section 42(a) of the Illinois Environmental Protection Act

Respondent TRAPSHOOTERS

sliall pay a1 additional civ11 penalty of $10,000 pel- day during which

such violation continued;

(d)

Thai Respondent TRAPSI-IOOTERS shall cease and desist from all further violations

thc llhno~s Env~ron~neiilal

Protect1011 Act, and shall remed~aie any lead fragn~ellts, brolicn clay

la]-gets, and associated contamination remaining on the PROPERTY to levels appropriate under thc

Illinois Environrne~~tal

Protection Act hut no less stringent than TACO Tiev One Residential Site

Remediation Ohjcctivcs as referenced in 35 I11.Adm. Code Part 742;

(e)

That Respondent TRAPSHOOTERS shall

take any other remedial action in response

to the presence of lead fragments, broken clay

largets, and associated conta~uination that this Board

deems reasonable and approprlale,

(f)

That 

Respondcnt shdll reimburse MATHER for all rernedsal actlon costs that

MATHER has incurred or will incur as a result of the lead fragmenls, hi-olicn clay lavgels, and

associated

contamination, or1 the PROPERTY ineludir~g but not limited to:

(i)

costs of investigation;

(ii)

costs of soil

re~noval and disposal;

(iii)

costs of prior lead

"nlining" and other remedial actions;

(iv)

costs of

any future ~nonitoring or remediation if necessary

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

(3)

Ihat (Io~nplainant MATtlER shall be c~ititlcd to recover ;,I1 other relief that thc Boarti

dccms j~ist and propcr in Lhis cdsc

COUN'C I1

(415 ILCS 5121(d)(2)

Waste Disposal Regulatory Violatio~is

1-20 Compla~na~it

hereby reallcgcs and Incorporates the allegat~ons of paragraphs 1

through 20 orthe General Allegations above as paragraphs 1 through 20 of this Count I1

21.

Section 21(d)(2) of the Act, 415 lLCS 5/21 (d)(2), provides that:

No person shall:

(d)

Conduct any waste-storage, waste-treatment, or waste-disposal operation:

(2)

In \ioldt~on of any rcguldtlons or standards adopted by the Board

under tl~ls Act

41 5 ILCS 5/21

(d)(2)

22.

35 Ill. Admin. Code

815.101(a) provides that:

The requirements of this Part

135 Ill. Adniin. Code P;u? 81 51 are applicable to all

landfills

exempt from perinits pursuant to Section 21(d) of the Environmental

Protection Act (Act).

35 Ill. Admin.

Codc

815.101(a).

23.

35 Ill. Admin. Code

815.201 provides that:

All

landfills regulated under this Pari shall file an initial facility report with the

Agency as specified in this

S~ibpart to provide inforn3atio1l concerning location

and disposal practices of

the facility.

35 Ill.

Admni. Code 5 815.201

24.

35 111.

Admin. Code 5 81 5.301 provides that:

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

All Iaiicilills regulated under this Part shall file an ann~lual report with the Agency.

The

first annual report shall be filed on the first of January that rollows the yea]- in

\\-hich tile initial fircility report is filed, i~riless the Agency specilied in wl-iting ail

altrrn;itive filing date no later than one ycai- after the initial facility rcport has been

filed.

25.

111. Admin. Code

81 l.iOl(a) provides that:

'The st~uidartis of this

Pal

[35 Ill. Adniin. Codc Part 81 11 apply to all new

landfills. cxcept as otherwise provided in 35 ill. Adm. Codc 81 6 and 817. and

except those regulated pursuant to 35 111. Adm. Code 700 through 749.

Ill. i2dri1in. Code

9

81 1.101(a)

26.

Ill. Admm. Code

81 1.110(d)(l) provides that:

The operator shall

niaintain a written plan describing all actions that the operator

will undertalte to close the unit or facility in a maimer that f~~lfills

the provisions

of the Act, of this

Pa12 and of otllcr applicable Parts of35 Ill. Adm. Code:

Chapter

I. The written closure pliul shall f~~lfill

the mininium illforination

requirements of 35 111. Ad~n. Codc 812.1 14.

111. Admill. Code

Q

81 1.1 10(d)(l)

27.

35 Ill. Admin. Code

812.101(a) provides that:

All persons. except those specifically exempted by Section

21(d) of the

Environmental

Protectioii Act (Act) sliall subinit to the Agency an application fat-

a permit to develop and operate a landfill. The applications must contain the

information required

by this Subpart and by Section 39(a) of the Act, exccpt as

otherwise provided in 35 111. Adrn. Code 817.

35 Ill. Admin. Code

812.101(a).

28.

35 Ill. Admin. Code

810.103 defines "landfill" as follows:

"Landfill" means

a unit or part of a lacility in or on which waste is placed and

accic~n~~ilated

over tirne Cor disposal, and which is not a land application unit, a

surface impoundment, a dead

aiiinial disposal site or a11 underground injection

~vell. For tlie purposes of this Part and 35 111. Adn~. Code 81 1 through 815,

la~idfills include waste piles, as defined in this Section.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

35 Ill. 24drnin. Code

810.103 defines "Sacility" as follows:

''F;~ciIity" means a site and all ecjuiprne~?t and fixtures on a site used lo treat, store

or dispose of solid or special wastes. A facility consists of ail entire solid or

special

wasic treatment, storage or disposal operation. All structures used in

connection uiih or to Sacilitzte the waste disposal operation shall he considered a

part of the facility. A Sacility may inclutie, but is not limited to, one or Inore solid

waste

clisposal units, buildings, treatment systems, processing a11d storage

operaiioiis. and monitoring statioils.

35 Ill. Adniiii. Code

81 0.103

111 Adm~n Code

810 103 defines "~in~t"

as follows

"Unit'' means a contiguous area used for

solld waste disposal

35 Ill.

A(lcni11. Codc 5 810.103

Tlic PROPERTY 1s a slte used to dispose of sol~d waste, namely the lead and

target

fi-dgmcnts left, abandoned or otherwise placed on the property by TRAPSHOOThRS, &rid

therefore constitutes a "Cacility" for purposes of35 111 Admin. Code

81 0-1 03

The PROPERTY, or a portion tliercof, is a cont~guous area used for solld waste

clisposal, and thus coiistitutes a "unit" for purposes oS 35 Ill. Admin. Code 5 8 10.103

The PROPERTY is not, nor llas ii been, a land apphcat~on un~t, z surPzce

inlpoundnrcnt, a dead animal disposal site, or an underground injection well

TRAPSHOOTERS, by abandonmg,

d~scardmg and otherwrse allowing the lead

and target kagments to remain at tile PROPERTY, placed waste at ihc PROPERTY for d~sposal

35.

The PROPERTY constitutes a landtill for purposes of 35 111. Admin. Code 5

810 103. and 35 111. Adm~n. Code Part 815

If the PROPERTY is exempt from the permit requ~renicnt of 415 ILCS 5/21(d).

TRAPSHOOTERS did not file ihe ~n~tral

hcil~ty report or annual reports for ilie PROPERTY as

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

~-eil~~irctl

by 35 111. Atiniin. $s 815.201 and 81 5.301, nor did TRAPSHOOTERS maintain a

written

ciosurc plan l'or the PROPERTY as required by 35 111. Admin. Code 5 81 1.1 lO(d)(l), iil

violation oi'tlli>sc regulations.

37.

If the PIIOPERTY is not excmpt 6om the permit requircnlent of415 ILCS

5/21 (d), TRAPSHOOTERS did not file an application for a

pelmit to develop and operate a

landfill, as required by 35 Ill. Admin. Code 5 8 l2.l0l(a), nor did TRAPSHOOTERS maintain a

written closure plan as

rcquii-etl by

111. Admin. Code

81 1.1 10(d)(l), in violation ol'tliose

regulations.

WHEREFORE, for

tile above reasons, Complai13ant MATHER respectfully requests that this

Board enter an Order on this Count I1 declaring, adjudging and decreeing as follows:

(a)

That Rcspondcnt TRAPSHOOTERS violated Section 21(d)(2) of the Illinois

Environmental Protection Act (415 ILCS

5/21(d)(2));

(b)

That pursuant to Section

42(a) of the Illinois Environmental Protectio~l Act

Rcspontlent TRAPSI-IOOTERS shall pay a civil penalty of $50,000 for each such violation;

(c)

That pursuant to Section 42(a) of the IIliilois Enviroiirnental Protection Act

Respondent TRAPSHOOTERS

si?aI1 pay 2111 additional civil penaltyof S10,000 per day during wliich

such violation conti~iued;

(d)

Tlmt Respondent TRAPSHOOTERS shall cease and desist from all further violations

the Illinois

Environmcnlal I'rotection Act, and shall remediate any lead fragments, brolten clay

targets, atid associated contamination remaining on the PROPERTY to levels appropriate under the

Illinois

Environniental PI-otection Act but no less stringent tlian TACO Tier One Residential Site

Remediation Ol>jectives as i-eferenccd in 35 I11.Adm. Code Part 742;

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

(c)

I hat Respondent TRAPSFIOOTEKS shall take any othcr remcd~,il action 111 response

to tile prcscncc oS1c;id fragments, broke11 clay targets, and associated contaniinatio~i that this Board

dccms reasonable wid appropriate;

(i)

That Respondent shall re~mburse MATI-IEK Cor 2111 remedlnl action costs that

MATHER ha ~ncuricci or w~ll lnclir as

d

result of the lead fragments, brol~cn clay targets, and

,rssoc~ated conta~n~nat~on,

on the PROPERTY ~nclnding but not l~initcd to.

(i)

costs of investigation;

(ii)

costs of soil I-ernoval ai~d disposal;

(iii)

costs of prior lead "mining"

and other remedial actions:

(iv)

costs of any future monitoring or re~uediatio~i

if necessary

(g)

That Complainant MATHER sllall bc entitled to recover all othcr relref illat the Boarcl

deeins just and proper 111 this case.

COUNT

111

(41

5 11,CS

5121

(d)(3)

Notice of Disposal Operations)

1-20

Compla~nant hereby ]realleges and ~ncorporates the allegal~ons of pauagraphs 1

tl~roilgh 20 of the General Allegat~ons above as paragraphs 1 tlirougli 20 of Count I11

Section 21(d)(3) of the Act, 415 ILCS 5/21(d)(3), pr-ov~dcs in relevant part that

(d)

Condiict any waste-storage, waste-treatment, or waste-dlsposal

operation:

(3)

which receives waste after August

3 1, 1988, does not have

pelinit issued by the Agency, and is (i) a lai~dfill used

exclusively for the disposal of waste

genevated at the site

without giving notice of the operation to the Agency by

January 1, 1989, or 30 days after the date on which the

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

opcl-ation conri~icnces, whichcvcr- is later, ;111ci every

years

thereafter

. . .

41 5 ILC'S

512

(t1)(3).

21.

TRAI'SHOOTERS, by abandoning, discarding and otherwise allowing tlie lead

and target fragments to remain at the PROPERTY, placed contaminated material at the

PROPERTY

after August. 1988.

13.

TRAPSHOOTERS conducted a waste-disposal operation at thc PROPERTY after

August,

1988.

24.

TRAPSHOOTERS did not

have a pem~it issued by the Agency to conduct a

waste-disposal operation at

the PROPERTY when they abandoned, discarded or otherwise

placed containinatcd debris at tlie PROPERTY.

25,

Ii'TRAPSHOOTERS disposed of only waste generated at thc PROPERTY,

TRAPSIlOOTERS were requircd by Section 21(d)(3) ofthe Act, 415 ILCS 5/21(d)(3), to give

notice of the operation of a waste-disposal operation to the Agency.

26.

TRAPSI3OOTERS did not give notice of the operation ofa waste-disposal

operation at the PROPERTY to the Agency.

27.

IfTRAPSI-IOOTERS disposed of only waste generated at tile PROPERTY,

TRAPSHOOTERS violated Section

21(d)(3) of the Act, 415 ILCS 5/21(d)(3), by failing to give

notice

ol the operation ola waste-disposal operation at the PROPERTY to il~e Agency.

Wk1EREFORE, for the above reasons, Complainant MATHER respectiiilly requests tbat tliis

Board enter an Order on this Count I11 declaring, adjudging and decreeing as fol:ows:

(a)

That Respondent

TRAPSHOOTERS violated Section 21(e) of the ltiinois

E~lvironrnental Protection Act (41 5 ILCS 5/21(d)(3));

Printed

oil

i.cycied

i'ojlei.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

(h)

Tl~at put-suant to Section 42(a) of the Illinois Environmental Protcction Act

Kcspol~deiit 'TR..\PSHOOTERS sliall pay a civil penalty of $50,000 Cor each such violatio~i;

(c)

That

p~~rst~ant

to Scctiolx 42(a) oC the Illinois Environmental Protcction Act

Respondent

'SRAPSHOO'TERS shall pay an additional civil pe~zalty oE$10,000 per day tiuring which

(d)

Th,~t Rcspoiidc~lt TRAPSHOOTERS shall cease and desist iiom all lillther violdt~oiis

thc Illinois f:nvironmental Protection Act, and sliall remcdiatc any lead li-agments, broltcn cl'ly

targets, and associated contamination remaining 011 the PROPERTY to levels appropriate under the

Illillois I<livironrnelital Protection Act but no less stringelit than TACO Ticr Oile Residential Site

Kcmediation Objectives as referenced iii 35 lll.Adn~. Code Part 742;

(c)

Tlzat Respolidcllt TRAPSHOOTERS shall talte any other remedial action in responsc

to the presence oflcad fragments, broken clay targets, and assoc~ated contam~iiation that th~s Board

tieellis reasonable and appropriate;

(1)

That Respondent shall rei~nburse MATHER for all remeciial action costs t11al

MATHER has illcurred or will incur as a result of the lead frag~nents, brolceil clay targets, and

associated

conla~iiination, on the PROPERTY including but not limited to:

(i)

costs of irlvestigation;

(ii)

costs

of soil removal a11d disposal;

(iii)

costs of prior lead "mining" and other remedial actions;

(iv)

costs

oSa11y future inonitoring or remedialion if necessary

(g)

Tliat

Cornplalnav~t MATHER sliall be entltled to recover all other el lei that the Boaid

dce~us just aiid proper in this casc

COUNT IV

(415 ILCS 5112(d)

Water Pollution Hazard)

(SO527661 2

/I/iOi1006

CJ,IrBl.l'j

Prinipii

oil

Recycled

/'opi,~r

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

10. ('otnplain;rot hereby realleges anci rcstates the allegations ot'paragraplis one

tliroi~gli twcntq of the General Allcsat~ons abovc as p~ragraphs one through 20 of th~s Count iV

Scct~on 12(d) of the Act prov~des th'lt

(d)

Deposit any contaminants upon the land in such a place and inamier so as to

crcate a water pollution hazard.

Section

3 105 of the Act defines "contaniln~nt" as "any sol~d, Ilclu~d, or gdseous

matter, 'tny odor, 01- any forin of energy. h-orn whatever source."

The lead

ti-agnients, brol~en clay targets, 'ind associated cont~tminai~on

currently

existnig on the PROPERTY, and ewistlng at the time of the transfcr of the PROPERTY co~lstitute

containinants."

24.

A natural and constant waterway exists in the

proxiiiiity of the PROPERTY to the

west, and

running the length, of the PROPERTY.

25.

The icad fragments, brokcn clay targets, and associated contamination curre,~~tly

existing on tlie PROPERTY, and existing at the time of the transfer of the PROPERTY, are

located such that those containinants have the potential to cause water pollution as defined in the

WHEREFORE, for

the above reasons, Coinplaniant IMATI~ER respectfully requests that tliis

Board enter ail 01.di.r on this Count

111

declaring, adjudging aid decreeing as follows:

(a)

That Respoildent

TRAPSHOOTERS violated Section 12(d) of the Illiiiois

Eiivironmcntal Protectio~i Act (415 :LCS 512:(d);

(b)

That puusumt to Section 42(a) of the Illinois Environme~ltal Protection Act

Respondent TRAPSHOOTERS shall pay a civil penalty of $50,000 for each such violation;

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

(c)

't'liat pursuant to Section 42(a) of the Illi~iois Environn~ental Protectio~i Act

Kcsponcient 7KAPSHOOTEliS shall pay xi additional civil penalty ofS 10.000 per day during which

such violation

continued;

(d)

'I'hat Respondent TRAPSHOOTERS shall ceasc and dcsist from all further violatio~is

thc Illinois E~i.i~iro~lmental

Protection Act, and shall remediate any lead fiagmenls, broken clay

tarsets, anti associated contamination re~naining on the PROPERTY to lcvcls appropriate under the

Illi~iois Environmnital Protection Act but no less strir~gcnt than TACO Tier One Residential Site

Remediation Objectives as refel-enced in 35 1Il.Adm. Code Part 742;

(c)

That

Respo~idcnt TRAPSHOOTERS shall take any other remedial actio~i in response

to the presence

oilead kagmeilts, broken clay targets, and associated contam~natlon that thrs Board

dccnis reasonable and ;~pp~opr~ate,

(1)

Tl?,~t Kespoudcnt shall re~mb~use

MATHER for all remed~al action costs that

MATIHER has incurred or will incur as a result of the lead fragments, hrolcen clay targets, and

associated

contan~ination, on the I'ROPERTY including but not limited to:

(i)

costs of investigation;

(ii)

costs of soil removal

and disposal;

(iii)

costs of prior lead "mining"

and other remedial actions;

(iv)

costs of any future ~nonitorillg or rcinediatio~i if necessary.

(g)

That

Complaina~~t

MATHER shall be e~~tltitled

to recover ,ti1 otlierreliefthat the Boa~d

decms just and proper in th~s case.

Respectfully

submitted,

MATHER INVESTMENT

PROPERTIES,

L.L.C., PLAINTIFF

p-7-

,a+- 

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6.-- 

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......y-'- 

.::.-

One Of Its Attorneys

L---

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

Sorliiig, Northrup. Hanna

(:11llc11

C'ochran; Ltd.

Cl?arles .I. Northrup, of Cow~sel

Suite 800 Illinois Building

P.O. Box 5131

Spl.ingficld, 11, 02705

'l'elephonc: 217.544.1 144

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006

PROOF OF SEIIVIC'E

The ~intlersigned hereby certifies that a copy of the foregoing tiocuiuent was electronically

filed wit]) the Pollution Control Board:

Dorotl~y

Gi~nn, Clerk

Illinois Poliutiorl Control Board

Jaiues R. Thompson Center

I00 West Randolph Street

Suite 1 1-500

Chicago, 11. 00601

and

served on the following by placiilg same in a sealed envelope addressed lo:

Mr. Richard Ahrens

ILewis, Rice

Fingersh

500 N. Broadway

Suite 2000

St.

Lollis, MO 63 102-2 147

Via Certified Mail

Mr. Fred

Prillnman

Moha~, Alewclt, Priliainan

Adami

1 Nolth Old State Capital

Springfield, 11,62701 -1 323

Via Certified

Maii

anti by depositing same in the L'niled States mail in Springiield, Illinois, on the

L_

day of

No'.-~b?-&q

2006, with postage ft~lly prepaid.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, NOVEMBER 30, 2006