•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FUECE~VED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK’S
OFFICE
compiaina~it,
AUG
292003
-
-
C
‘.f—
i-j
STAlE
OF ILLINOIS
Pollution
Control
Boar
‘TRI-K DEVELOPMENT,
INC.,
an Illinois corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, August 29,
2003,
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and nine copies of our Complaint,
a
copy of which is attached herewith and 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 the 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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available
through the Illinois Environmental facilities financing act
20
ILCS 3515/1 et
seq.
to correct the alleged pollution.
PEOPLE OF THE STATE OF ILLINOIS
ex rel.
LISA
MADIGAN
Attor ey General/of the
State of Iliinoi
BY:
_________________________
~STOPHER
GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
~
Fir.
Chicago,
IL 60601
(312)
814-5388
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
•RECE~VEL)
PEOPLE OF THE STATE OF ILLINOIS,
)
•
CLERK~SOFF~CF
•
•
Complainant,
AUG
2 92003
-vs-
•
)
PCB No.
O’~t?
~/
Pollution
Control Board
TRI-K DEVELOPMENT,
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,
TRI-K DEVELOPMENT,
INC.,
as follows:
COU1~ITI
WATER POLLUTION
1.
This complaint is brought by
LISA MADIGAN, Attorney
General of the State of Illinois,
on her own motion and at the
request of the Illinois Environmental Protection Agency
(“Illinois EPA”)
pursuant to Section 31 of the Environmental
Protection Act,
(“Act”)
,
415 ILCS 5/31
(2002)
2.
The Illinois EPA is an administrative agency of the
State of Illinois,
created pursuant to Section 4 of the Act,
415
ILCS 5/4
(2002),
and is charged
inter alia,
with the duty of
enforcing the Act.
3.
Respondent TRI-K DEVELOPMENT,
INC.
(“Tn-K”)
is an
Illinois crporation,
duly authorized to transact business in the
State of Illinois.
—1-
4.
Tn-K
is in the business of residential construction
and real estate development.
Tn-K is the developer of
‘Meadows
Edge’,
a
6 acre multi-family residential development near the
intersection of 59th street and Interstate 355 in the Village of
Lisle,
Du Page County Illinois
(“Site”)
5.
As part of the development of Meadows Edge subdivision,
the Respondent removed vegetation and excavated large quantities
of soil at,
and in the vicinity of,
the Site.
6.
Stonmwater draining from the Site flows through
adjacent storm sewers to a retention area which accumulates and
holds stormwater during rainfall events.
The retention area
discharges into a tributary of Prentiss Creek, which in turn
discharges
into the Du Page River.
7.
On July 19,
2001,
a significant portion of the Site
consisted of exposed soil,
not stabilized by natural vegetation,
netting, or other means.
The Respondent had deposited a lange
earthen berm on one border of the Site.
No silt fencing,
hay
bales or other barriers had been placed around the exposed soil
or the earthen berm to
prevent migration of sediment into storm
sewers.
The exposed soil and earthen berm showed evidence of
erosion from stormwater runoff.
The stormwater retention area
consisted of exposed soil,
not stabilized by grass or other
vegetation.
8.
On August
7,
2001, the earthen berm had been partially
-2-
removed,
but showed evidence of continued erosion.
Silt fencing
had been installed around only a portion of the berm,
and was
inadequate to prevent migration of sediment into storm sewers.
9.
On May
9,
2002,
the earthen berm had been removed, and
the former location of the berm was bare, unstabilized soil.
Silt fencing at the site had collapsed,
and was inadequate to
prevent sediment migration.
Sediment had been washed from the
Site into the adjacent storm sewers, which discharge through the
retention area into Prentiss Creek and the Du Page River.
10.
Section 12(a)
of the Act,
415 ILCS 5/12(a)
(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.
11.
Section 3.555 of the Act,
415 ILCS 5/3.555
(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.
12.
Storm sewers,
the retention area,
Prentiss Creek and
the Du Page river are “waterEs”
of the State of Illinois as that
term is defined in Section 3.555 of the Act, 415 ILCS 5/3.555
-3-
(2002)
13.
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.
14.
Respondent,
an Illinois corporation,
is a
“person” as
that term is defined in Section 3.315 of the Act, 415 ILCS
5/3.315
(2002)
15.
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002),
provides,
as follows:
“CONTANINANT”
is any solid, liquid,
or gaseous matter,
any odor,
or any form of energy,
from whatever source.
16.
The soil and sediment which entered the storm sewers
and other waters adjacent to the Site
is a “contaminant” as that
term is defined by Section 3.165 of the Act,
415 ILCS 5/3.165
(2002)
17.
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.
-4-
18.
The soil and sediment which flowed into storm sewers,
the retention area,
Prentiss Creek and, eventually to the Du Page
River,
altered the physical, thermal, chemical or radioactive
properties of these waters and was likely to render it harmful or
detrimental or injurious to wild animals,
birds,
fish and other
aquatic life,
or was likely to create a nuisance.
19.
By causing or allowing the discharge of silt,
sediment,
and other solid material into the stormwater sewers,
the
retention area,
Prentiss Creek and the Du Page River,
the
Respondent caused or allowed water pollution,
and thereby.
violated Section 12 (a)
of the Act,
415 ILCS 5/12 (a)
(2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent TRI-K DEVELOPMENT,
INC. on Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 12(a)
of the Act;
3.
Ordering the Respondent to cease and desist from any
further violations of Section 12(a)
of•the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each violation of Section
12(a)
of the Act, and an additional penalty of Ten Thousand
Dollars
($10,000.00)
for each day of violation;
-5-
5.
Ordering the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act, including attorney, expert witness and
consultant fees expended by the State
in its pursuit
of this
action;
and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT II
FAILURE TO PROVIDE WATER POLLUTION CONTROLS
1-19.
Plaintiff realleges and incorporates by reference
herein paragraphs
1 through 19 of Count
I as paragraphs
1 through
19 of this Count II.
20.
Section 306.102 of the Illinois Pollution Control Board
regulations
(“Board Water Pollution regulations”),
35
Ill. Adm.
Code 306.102, provides,
as follows:
SYSTEMS RELIABILITY
a)
Malfunctions:
All treatment works and associated
facilities shall
be so constructed and operated as
to minimize violations of applicable standards
during such contingencies as flooding,
adverse
weather, power failure, equipment failure,
or
maintenance,
through such measures as multiple
units, holding tanks, duplicate power sources or
•
such other measures as may be appropriate.
b)
Spills: All reasonable measures,
including where
appropriate the provision of catchment areas,
relief vessels,
or entrapment dikes,
shall be
taken to prevent any spillage of contaminants from
causing water pollution.
21.
Respondent failed to construct and/or maintain silt
fences or other barriers between unstabilized portions of the
-6-
Site and •storm sewers to prevent contaminants from causing water
pollution.
The Respondent thereby violated Section 306.102
of
the Board Water Pollution regulations,
35
Ill. Adm Code 306.102,
and thereby also violated Section 12(a)
of the Act,
415 ILCS
5/12 (a)
(2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent TRI-K DEVELOPMENT,
INC. on Count II:
1.
•
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 12(a)
of the Act, and 35
Ill. Adm.
Code 306.102;
3.
Ordering the Respondent to cease and desist from any
further violations of Section 12(a)
of the Act,
and 35
Ill. Adm.
Code 306.102;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each violation
of the Act
and pertinent regulations, and an additional penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act,
including attorney,
expert witness and
consultant
fees,
expended by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems
-7-
appropriate and just.
COUNT
III
WATER QUALITY A1~DEFFLUENT VIOLATIONS
1-16.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 16 of Count
I as paragraphs
1 through
16 of this Count III.
17.
Section 302.203 of the Board Water Pollution
RegulationS,
35
Ill. Adm. Code 302.203, provides,
in pertinent
part,
as follows:
Offensive Conditions
Waters of the State shall be free from sludge or bottom
deposits,
floating debris,
visible oil,
odor, plant or
algal growth,
color or turbidity of other than natural
origin.
*
*
*
18.
On at least May 9,
2002,
the Respondent caused or
allowed the discharge of effluent containing soil and sediment
into storm sewers,
Prentiss Creek and the East Branch of the Du
Page river.
The discharge(s)
resulted in an unnatural
accumulation of bottom deposits and sludge.
Respondent has
thereby violated Section 302.203 of the Board Water Pollution
Regulations,
35
Ill. Adm. Code 302.203,
and has thereby also
violated Section 12 (a)
of the Act,
415 ILCS 5/12 (a) (2002)
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
against
the
Respondent
TRI-K
DEVELOPMENT,
INC.
on
Count
III:
-8-
1.
Authorizing a hearing
in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 12(a)
of the Act and 35
Ill. Adm.
Code 302.203;
3.
Ordering the Respondent to cease and desist from
further violations of Section 12(a)
of the Act and 35
Ill. Adm.
Code 302.203;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each violatiOn of the
Section 12(a)
of the Act,
and pertinent regulations,
and an
additional penalty of Ten Thousand Dollars
($10,000.00)
for each
day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act,
including attorney,
expert witness, and
consultant
fees,
expended by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT IV
NPDES PERMIT VIOLATION
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through
9,
and paragraphs
11 through 16 of
Count
I as paragraphs
1 through 15 of this Count IV.
16.
Pursuant to the requirements of Section 402 of the
Federal Water Pollution Control Act and 40 CFR 122
et seq.,
the
-9-
Respondent applied for coverage under the general National
Pollutant Discharge Elimination System
(“NPDES”)
permit for
construction related storm water discharges.
On December
8,
1998,
Illinois EPA issued NPDES permit no. ILR104445(”Permit”)to
the Respondent for development and construction activities at the
Site.
17.
NPDES permit No. ILR104445 required the Respondent to
develop a detailed Stormwater Pollution Prevention Plan
(“SWPPP”)
prior to the start of construction,
to comply with the
requirements contained in the SWPPP,
and to retain a copy of the
SWPPP at the Site until construction activities were completed
and the Site had been stabilized.
18.
On at least July 19,
2001,
August
7,
2001,
September
20,
2001, May 9,
2002,
and August
16,
2002,
Respondent failed to
retain a copy of its SWPPP at the Site.
19.
Respondent completed grading and stabilization of soil
at the Site on a date better known to Respondent,
but after
August
16,
2002.
20.
Section 12(f)
of the Act,
415. ILCS 12(f)
(2002),
provides,
in pertinent 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
-10-
or
from
any
point
source
within
the
State,
..w.i.tho
an..N~DE.S p.e ~m.it
~
~
discharges
issued by the Agency under Section
39(b)
of
this
Act,
or
in
violation
of
any
term
or
condition
imposed
by
such
permit.
21.
Section 309.146 of the Board Water Pollution
RegulatiOn,
35
Ill. Adm. Code 309.146 provides,
as follows:
Authority to Establish Recording, Reporting and
Sampling Requirements
a.
The Agency shall require every holder of an
NPDES Permit, as a condition of the NPDES
permit
issued to the holder,
to
1.
Establish, maintain and retain records;
•
2.
Make Reports;
3.
Install,
calibrate,
use and maintain
monitoring equipment or methods
(Including
where appropriate biological monitoring
methods;
4.
Take
samples
of
effluents
(in
accordance
with
such methods,
at such location,
at such
interval,
and in such a manner as may be
prescribed);
and
•
5.
Provide
such
other
information
as
may
reasonably be required.
22.
NPDES permit No.
ILR104445 provides,
in pertinent part,
as follows:
Part IV.
STORM WATER POLLUTION PREVENTION PLANS
A
storm
water
pollution
prevention
plan
shall
be
developed for each construction site covered by
this permit.
Storm water pollution prevention
plans shall be prepared in accordance with good
engineering practices.
The plan shall identify
potential
sources
of
pollution
which
may
reasonably be expected to affect the quality of
storm water discharges associated with
—11—
construction site activity from the facility.
In
-
_....~.additio.n,~t.hep~
implementation of practices which will be used to
reduce the pollutants in storm water discharges
associated with construction site activity and to
assure compliance with the terms and conditions of
this permit.
Facilities must implement the
provisions of the storm water pollution prevention
•plan required under this part as
a condition of
this permit.
A. Deadlines for Plan Preparation and Compliance.
The plan shall:
1.
Be completed prior to the start of the
construction to be covered under this
permit and updated as appropriate;
*
•*
*
Part V.
RETENTION OF RECORDS
*
*
*
B.
The permittee shall retain a copy of the
storm water pollution prevention plan
required by this permit at the construction
site from the date of project initiation to
the date of final stabilization.
23.
On at least July 19,
2001, August
7,
2001,
September
20,
2001 May 9,
2002, August
16,
2002,
Respondent,
by failing to
retain a copy of its SWPPP at the Site, violated Section V.B of
its Permit.
24.
By violating the terms and conditions of its NPDES
permit, the Respondent violated Section 12(f)
of the Act, 415
ILCS 5/12(f)
(2002)
and Section 309.146 of the Board Water
Pollution Regulations,
35
Ill. Adm. Code 309.146.
-12-
•~
~
respectfully
requests
that
the
Board
enter
an
o~der
against
Respondent
TRI-K
DEVELOPMENT,
INC.
on
Count
IV:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
2.
•
Finding
that
the
Respondent
has
violated
Section
12(f)
of
the
Act,
35
Ill.
Adm.
Code
309.146,
and
NPDES
permit No.
1LR104445;
3.
Ordering
the
Respondent
to
cease
and
desist
from
any
further
violations
of
Section
12(f)
of
the
Act,
35
Ill.
Adm.
Code
309.146,
and
NPDES
permit
No.
1LR104445;
4.
Assessing
a
civil
penalty
of
Ten
Thousand
Dollars
($10,000.00)
against the Respondent for each day of violation of
Section 12(f)
of the Act, NPDES permit No.
ILR104445,
and
pertinent regulations;
5.
Ordering the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act,
including attorney, expert witness and
consultant
fees expended by the State in its pursuit of this
action; and
6.
Granting
such
other
relief
as
the
Board
deems
appropriate and just.
-13-
PEOPLE
OF
THE
STATE
OF
ILLINOIS
exreL.
I,
T
SAMADLGAN
Attorney
General
State of Illinois
MATTHEW
J..
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
~
~
~‘OSEMA.RIECAZEAU, C~ef
Environmental Bureau
Assistant Attorney General
OF
COUNSEL:
CHRISTOPHER J.
GRANT
Assistant Attorney General
Environmental
Bureau
188
W.
Randolph
St.,
~
Flr
Chicago,
Illinois
60601
(312)
814-5388
-14-
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Complainant,
-vs-
)
PCB
No.
TRI-K
DEVELOPMENT,
INC.,
an
Illinois
corporation,
Respondent.
CERTIFICATE OF SERVICE
I,
CHRISTOPHER
GRANT,
an
attorney,
do
certify
that
I caused
to
be
served this
29th
day
of
August,
2003,
by
first
class
mail,
the
foregoing
Complaint
and
Notice
of
Filing
upon
the
person
listed
below,
by
placing
same
in
an
envelope
bearing
sufficient
postage
with
the
United
States
Postal
Service
located
at
100
W.
Randolph,
Chicago
Illinois.
CHRISTOPHER
GRANT
Service List:
Mr. George Arnold
Sosin Lawler & Arnold,
LLC
11800
South
75th
Street,
Suite
300
Palos Heights,
Illinois 60463
