RECEIVED
CLERK’S OFFICE
JUN
182003
OFFICE
OF THE ATI’ORNEY GENERAL
STATE
OF
ILLINOIS
STATE OF
ILLINOIS
Pollution
Control Board
Lisa Madigan
ATTORNEY
GENERAL
June
13, 2003
The Honorable Dorothy Gunn
Illinois Pollution
Control Board
State of Illinois
Center
100 West
Randolph
-
Chicago,
Illinois 60601
Re:
People v.
Gerald Hewing, dibla Hewing Technical Services
?~P~
o
~
~-
~
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and ENTRY OF APPEARANCE in regard to the above-captioned matter.
Please file
the original
and
return
a
file-stamped copy
of the
document to
our office
in
the enclosed
self-
addressed,
stamped envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
Sally A.
Carter
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
SAC/pp
Enclosures
500 South Second
Street, Springfield, Illinois
62706
•
(217) 782-1090
•
YFY: (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
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
JUN
1
8
2003
PEOPLE OFTHE STATE OF
)
ILLINOIS,
)
STATE
OF ILLINOIS
Pollution
Control Board
Complainant,
vs.
)
No.
GERALD HEWING,
dibla
HEWING
)
TECHNICAL SERVICES,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Gerald
Hewing
d/b/a
Hewing
Technical
Services
Rural
Route
1,
Box3
Sigel,
IL 64262
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
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
(1994),
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 Division
-
BY:
1~2a4ft4
SALLYJA.
CARTER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: June
13, 2003
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on June
13,
2003, 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,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Gerald
Hewing
d/b/a
Hewing
Technical
Services
Rural
Route
1,
Box 3
SigeI,
IL 64262
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
State of Illinois
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
I~~/~/
a~6ï
Sally
A.
Carter
Assistant Attorney General
This filing is submitted
on recycled paper.
RE~~IVED.
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
182003
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
-
Pollution
Control
Board
)
Complainant,
)
VS.
)
No.
)
GERALD HEWING,
dlbla
HEWING
)
TECHNICAL SERVICES,
)
)
Respondent.
)
ENTRY OF APPEARANCE
On behalfof the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
SALLY A. CARTER,
Assistant Attorney General of the
State
of Illinois,
hereby enters
her appearance as attorney of
record.
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
Division
BY:
/~LL~/~
&.
â14Z~
SALLY ~1CARTER
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
June
13, 2003
REC~iVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
18
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILUNOIS
).
Pollution
Control Board
Complainant,
-V5
)
No.
PCB
No.
~
)
(Enforcement)
GERALD HEWING
dlbla
HEWING
)
TECHNICAL SERVICES,
)
)
Respondent.
)
COMPLAINT
Complainant,
PEOPLE OF
THE STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois,
and at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
complains
of the Respondent,
GERALD HEWING, d/b/a HEWING
TECHNICAL SERVICES, 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
(2002).
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 (2002),
and
charged,
inter
a/ia,
with the
duty of enforcing the Act in
proceedings
before the Illinois
Pollution Control
Board
(“Board”).
3.
The Complaint is brought pursuant to Section
31
of the Act, 415
ILCS 5/31
(2002), after providing the Respondent with
notice and
opportunity for a meeting
with the Illinois
EPA.
4.
The Respondent, Gerald
Hewing
(“Hewing”),
is and was at all times relevant to
this Complaint,
the owner and operator of a small auto repair shop,
Hewing Technical
Services
(“facility”) located
in
Sigel,
Illinois.
Hewing’s address is Rural
Route
1, Box
3,
Sigel,
Illinois
64262.
5.
Section
12 of the Act, 415
ILCS 5/12 (2002),
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;
***
6.
Section
3.545 of the Act, 415
ILCS 5/3.545 (2002),
provides as
follows:
“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 to domestic,
commercial, industrial,
agricultural,
recreational,
or other legitimate uses, or to livestock, wild animals,
birds,
fish, or other aquatic
life.
7.
Section 3.550 of the Act, 415 ILCS 5/3.550
(2002), contains 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
this
State.
8.
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002),
contains the following
definition:
2
“CONTAMINANT” is any solid,
liquid, or gaseous matter,
any odor
or any form of energy,
from whatever source.
9.
On June
13, 2000, the
Illinois EPA Bureau
of Water (“BOW”) and the Shelby
County Health Department investigated the facility following
a complaint regarding discharges
from the facility’s septic tank.
Upon arrival at the facility, a small pile of trash was burning
on
the property.
10.
On June
13, 2000,
the Illinois
EPA BOW discussed the discharge
complaint with
Hewing.
Hewing
initially stated that an agreement
existed
between the Village of Sigel
and him
to “split the cost” of connecting
the septic tank
to
the Village of
Sigel’s collection
system.
However, when
pressed to see
the sepflc tank discharge,
the Respondent led the Illinois EPA
to
a ditch
receiving the discharges.
The ditch
is a water of the State as that term is defined in
Section
3.550 of the Act, 415 ILCS 5/3.550 (2002).
11.
The Illinois
EPA BOW observed the septic tank is located under a
concrete
platform; the ditch
receiving its discharges is approximately 20 feet from the septic tank.
The
Illinois EPA
BOW noted
a sewage odor emanating from water in the ditch where the septic tank
discharged.
12.
Another discharge pipe was located
in the ditch
about fifteen feet from the septic
tank discharge.
The pipe contained
a
black substance and a
black stain existed
below the pipe
in the ditch.
13.
The Illinois
EPA inspector asked
Hewing where the shop’s floor drains
discharge.
Hewing
indicated that the drains are connected
to the second
pipe after passing
through
an oil/water separator.
The Illinois
EPA explained to
Hewing
that the oil/water
separator is only intended
to act
as
a waste pretreatment system prior to discharge
to a full
treatment facility,
and
that it
in itself does not provide adequate treatment for a direct discharge
3
to the environment.
The oil/water separator,
along with the septic tank, should
have been
connected to
the sewage collection system.
14.
The Illinois
EPA next inquired of Hewing what was done with the waste oil from
the cars he repaired.
Hewing showed the inspector eight 20-gallon
buckets that he uses
to
store oil;
one of which was uncovered.
The buckets were
not labeled as containing waste oil.
15.
On September 12,
2000,
the Illinois EPA Bureau
of Land (“BOL”) conducted
a
land
inspection of the Respondent’s facility.
During the inspection,
the Illinois
EPA noted
evidence of open burning
of refuse on the property.
16.
By allowing contaminants to
discharge
to the ditch from his septic tank and
oil/water separator, the Respondent has caused, threatened
or allowed water pollution in that
such discharges have
likely rendered the waters of the State
harmful or detrimental or injurious
to
public health, safety or welfare, or to agricultural,
recreational,
or other legitimate uses, or to
livestock, wild animals,
birds, fish or other aquatic life and
have likely created a nuisance.
17.
By causing, allowing or threatening the discharge of 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 Respondent has violated
Section
12(a) of the Act, 415 ILCS
5/12(a)
(2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the
Board
enter an Order against the Respondent:
A.
Authorizing
a
hearing
in this matter
at which time the
Respondent will be
required to answer the allegations
herein;
B.
Finding that
Respondent has
violated the Act and regulations
as alleged herein;
4
C.
Ordering Respondent to cease
and desist from any further violations of the Act
and
associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose a civil
penalty of not more than
the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable
attorney fees;
and
F.
Granting such
other relief as the Board
may deem appropriate.
COUNT
U
NPDES
VIOLATIONS
1-15.
Complainant
realleges and incorporates
herein
by reference paragraphs
I
through
15 of Count
I
as paragraphs
I
through 15
of this Count
II.
16.
Section
12(f) of the Act, 415
ILCS 5/12(f) (2002),
provides as follows:
No person shall:
f.
Cause,
threaten or allow the discharge of any
contaminants into the waters of the State, as
defined herein, including
but not limited to, water to
any sewage works, or into any well orfrom any
point source
with 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 NPDES permit filing requirement
established under Section 39(b),
or in violation of
any
regulations adopted by the Board with respect
to
the NPDES program.
17.
The Illinois EPA
has not issued
the Respondent a
National Pollutant
Discharge
Elimination System
(“NPDES”) permit for the facility.
18.
By allowing contaminants to discharge through buried
pipes to the ditch,
a
point
source without a NPDES permit, the Respondent has violated
Section
12(f) of the Act, 415
ILCS 5/12(f) (2002).
5
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois,
respectfully request that
the Board
enter an order against the Respondent:
A.
Authorizing a
hearing
in this matter at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding that Respondent has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and
associated
regulations;
-
D.
Pursuant to Section 42(b)(1) of the Act, 415
ILCS 5/42(b)(1) (2002),
impose
a
civil penalty of not more than the statutory
maximum;
E.
Pursuant to
Section
42(f) of the Act, 415
ILCS 5/42 (f)
(2002),
awarding to
Complainant its
costs and
reasonable attorney fees;
and
F.
Granting such
other relief as the
Board
may deem appropriate.
COUNT III
OFFENSIVE CONDITION VIOLATIONS
1-15.
Complainant realleges and
reincorporates herein
by reference paragraphs I
through
15 of Count
I
as paragraphs
1
through
15
of this Count
III.
16.
Section
302.203 of the Pollution
Control Board’s Regulations,
35
Ill. Adm. Code
302.203, provides:
Waters of the State shall tie free from sludge or bottom deposits,
floating debris, visible oil, odor,
plant or algal growth, color or
turbidity of other than
natural origin
.
.
17.
The receiving
ditch was discolored and malodorous and contained oily,
discolored discharges from the septic tank and
oil/water separator.
6
18.
By allowing used
oil and septic tank discharges to discharge
to the ditch,
a water
of the State, where the unnatural
odor and discolored material was
noticeable, the Respondent
has violated
35
Ill. Adm.
Code 302.203.
19.
By violating
the regulations or standards adopted by
the Board, the Respondent
has
violated Section
12(a) of the Act, 415 ILCS 5/12(a) (2002).
PRAYER FOR
RELIEF
WHEREFORE, Complainant,
the People of the State of Illinois,
respectfully requests
that the Board
enter an
Order
against the Respondent:
A.
Authorizing
a hearing
in this matter
at which time the Respondent will
be
required
to
answer the allegations
hereIn;
B.
Finding that Respondent
has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to
cease and
desist from any further violations of the Act
and
associated
regulations;
D.
Pursuant
to Section 42(a)
of the Act, 415
ILCS
5/42(a)
(2002),
impose
a civil
penalty
of not more than the statutory
maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its
costs and
reasonable attorney fees;
and
F.
Granting
such
other relief as the
Board
may deem appropriate.
COUNT
IV
WATER QUALITY VIOLATIONS
1-15.
Complainant realleges and reincorporates herein
by reference paragraphs
1
through
15 of
Count las paragraphs I
through
15 of this Count
IV.
7
16.
Section 304.106 of the
Pollution
Control
Board
Regulations, 35
III. Adm.
Code
304.106
(2002),
provides:
In addition
to
the other requirements
of this
Part, no effluent
shall
contain settlable solids,
floating debris, visible oil,
grease,
scum or
sludge solids.
Color,
odor and turbidity must be reduced to below
obvious levels.
17.
The receiving ditch was discolored and
malodorous and
contained oily,
discolored discharges from the septic tank and oil/water separator.
18.
By allowing the discharges
of discolored and
malodorous waste from its septic
tank
and oily,
discolored discharges from its oil/water separator,
the Respondent has violated
35
III.
Adm. Code 304.106.
-
19.
By violating
the regulations or standards adopted by the Board, the Respondent
has violated Section
12(a) of the Act, 415
ILCS 5/12(a) (2002).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent:
A.
Authorizing a
hearing
in this matter at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding that
Respondent has
violated the Act and
regulations as alleged herein;
C.
Ordering Respondent to
cease and
desist from any further violations of the Act
and
associated
regulations;
D.
Pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose
a civil
penalty of not more than the statutory
maximum;
E.
Pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f)
(2002),
awarding to
Complainant its costs
and
reasonable attorney fees; and
F.
Granting
such
other relief as the
Board
may deem appropriate.
8
COUNT V
AIR POLLUTION VIOLATIONS
1-15.
Complainant realleges and
reincorporates
herein
by reference paragraphs
1
through
15 of Count
I
as paragraphs
1
through
15
of this Count V.
16.
Section
9(a) of the Act, 415
ILCS
5/9(a)
(2002),
provides:
No person shall:
a.
Cause or threaten
or allow the discharge or
emission
of any
contaminant into the environment
in any
State so as
to
cause or tend
to cause
air
pollution in
Illinois, either alone or in combination
with contaminants from other sources, or so as to
violate regulations or standards adopted by the
Board under this Act;
17.
Section 3.115 of the Act, 415
ILCS 5/3.115 (2002),
provides the following
definition:
“AIR POLLUTION”
is the presence in
the atmosphere of one or
more contaminants
in sufficient
quantities and of such
characteristics and duration as to be
injurious to human,
plant or
animal
life, to
health, or to property, or to unreasonably interfere
with the enjoyment of life or property.
18.
At the facility on
June
13,
2000, the
Illinois EPA observed a small pile of trash
burning on the property.
On September 12, 2000, the Illinois EPA continued
to observe
evidence of burned waste piles.
As
such,
on or before June
13, 2000,
the Respondent has
caused, threatened, or allowed the discharge or emission of a contaminant into the environment
so as to
cause air pollution.
19.
By causing, threatening, or allowing the discharge or emission
of a contaminant
into the environment so as to
cause air pollution,
the Respondent has violated
Section
9(a) of
the Act, 415 ILCS
5/9(a) (2002).
9
PRAYER FOR RELIEF
WHEREFORE, Complainant, the
People of the State of Illinois,
respectfully requests
that the Board enter an Order against the Respondent:
A.
Authorizing
a
hearing
in this matter at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding that
Respondent has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease and
desist from
any further violations
of the Act
and associated regulations;
-
D.
Pursuant to
Section 42(a)
of the Act, 415 ILCS
5/42(a) (2002),
impose a civil
penalty of not more than the statutory n~aximum;
E.
Pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable attorney fees; and
F.
Granting
such other relief as the Board
may deem
appropriate.
COUNT VI
OPEN
BURNING VIOLATIONS
1-15.
Complainant realleges and
incorporates
herein
by reference paragraphs I
through
15
of Count
I
as paragraphs
1
through
15
of this
Count VI.
16.
Section
9(c) of the Act, 415
ILCS 5/9(c) (2002),
provides:
No person
shall:
Cause or allow
the
open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any
refuse in any
chamber not specifically designed for the purpose
and
approved
by the Agency pursuant to
regulations adopted
by
the Board
under this Act; except that the
Board
may adopt
regulations permitting open
burning
of refuse in
certain cases
upon finding that no
harm will result from such
burning, or that any
alternative
method
of disposing of such
refuse would create a
safety hazard so extreme as
to justify the pollution that would
result from such
burning;
10
17.
Section
3.300 of the Act, 415
ILCS 5/3.300(2002),
provides the
following
definition:
“OPEN
BURNING” is the combustion of any matter
in the open or
in an
open dump.
18.
At the facility on June
13,
2000, the
Illinois EPA observed a small pile of trash
burning on the property.
On
September 13,
2000,
the Illinois
EPA continued to observe
evidence of burned waste piles.
As
such, on or before June
13, 2000,
the Respondent has
caused or allowed the open burning of any refuse.
19.
By causing or allowing the open burning of any refuse or conducting a salvage
operation by open burning, the Respondent has
violated Section 9(c) of the Act, 415
ILCS
5/9(c) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois,
respectfully requests
that the Board enter an
Order against the Respondent:
A.
Authorizing
a hearing
in this matter at which time the Respondent will
be
required to answer the allegations
herein;
B.
Finding that Respondent has
violated the Act and
regulations as
alleged
herein;
C.
Ordering Respondent to cease
and desist from
any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a)
of the Act, 415
ILCS 5/42(a) (2002),
impose a
civil
penalty of not more than the statutory
maximum;
E.
Pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f) (2002),
awarding to
Complainant its costs and
reasonable attorney fees;
and
11
F.
Granting such other relief as the Board
may
deem appropriate.
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
Division
BY:___________________
THOMAS DAVIS,
Chief
-
Assistant Attorney General
Environmental Bureau
Of Counsel
SALLYA.
CARTER
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
~/i
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12
