BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
RECE~V~D
Complainant,
CLERK’S OFFICE
V.
)
POE
04-
NOV 24 20U3
PARANOtJNT
DEVELOPERS,
INC.
)
STATE OF ILLI!OIS
an
Illinois
Corporation,
Pollution Control Board
Respondent.
NOTICE
OF
FILING
TO:
See
Attached
Service
List
PLEASE
TAKE
NOTICE
that
on
November
24,
2003,
the
People
of
the
State
of
Illinois
filed
with
the
Illinois
Pollution
Control
Board
a
Complaint,
true
and
correct
copies
of
which
are
attached
and
hereby
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.
Respectfully
submitted,
LISA
MADIGAN
Attorney
General
State
of
Illinois
BY:
___________
JOEL
J. STERNSTEIN
Assistant
Attorney
General
Environmental
Bureau
188
W.
Randolph
St.,
20th
Floor
Chicago,
Illinois
60601
(312)
814-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Ms. Charles Gunnarson,
Esq.
ILlinois
Environmental
Protection
Agency
1D21
North
Grand
Avenue
East
P.O. Box 19276
-
springfield,
IL
62794-9276
Ms.
Deborah
Helms
Smith,
Esq.
Office
of
the
Du
Page
County
States
Attorney
505
N.
County
Farm
Road
Wheaton,
IL
60187
Mr. Kim R. Denkewalter,
Esq.
Paramount
Developers
Inc.
5215
old
Orchard
Road,
Suite
1010
Scokie,
IL
60077
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
PCB 04-~/
pARAMOUNT
DEVELOPERS,
INC.
an Illinois Corporation,
Respondent.
COMPLAINT FOR INJUNCTIVE RELIEF A1~~1DCIVIL PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois,
and by JOSEPH
E. BIRKETT,
State’s Attorney for Du Page County,
Illinois,
complains of Respondent,
PARAMOUNT DEVELOPERS,
INC.
(“paramount”),
as follows:
COUNT
I
WATER POLLUTION
1.
This complaint
is brought on behalf of the People of
the State of Illinois 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”
or
“Agency”)
and by Joseph E.
Birkett,
State’s Attorney for Du Page
County,
Illinois, on his own motion, pursuant to the terms and
provisions of Section 31 of the Illinois Environmental Protection
Act
(“Act”)
,
415 ILCS 5/31
(2002)
,
and is an action to restrain
ongoing violations of the Act and for civil penalties.
V.
~
CLERK’S OFFI
NOV
2
4
2003
STATE
OF ILLINOIS
Pollution Control
Board
1
2.
The Illinois EPA is an administrative agency
established in the executive branch of the State government by
SectiOn
4
of
the
Act,
415
ILCS
5/4,
(2002)
,
and is charged,
inter
a.Iia,
with the duty of enforcing the Act.
This Count is brought
pursuant to Section 31
of the Act,
415 ILCS 5/31 (2002)
3.
On September
7,
2001 Illinois EPA sent Paramount a
Violation Notice
(VN)
letter regarding violations of the Act and
the pollution Control Board’s
(Board)
regulations.
Paramount did
not respond to the
VN
Letter.
4.
On
September
17,
2002,
Illinois
EPA
sent
Paramount
a
Notice
of
Intent
to
Pursue
Legal
Action
(NITPLA)
letter
regarding
violations of the Act and the Board’s regulations.
Kim R.
Denkewalter,
the
president
and
registered
agent
of
Paramount,
contacted
Illinois
EPA
concerning
the
NITPLA
letter
but
did
not
request
a meeting pursuant to the NITPLA letter.
5.
At
all
times
relevant
to
this
complaint,
Paramount
was
and is an Illinois corporation in good standing.
6.
Paramount
is a developer of residential homes at
the
Hatch Farm Development, located in Section 15,
Township 38 North,
Range 10 East in Lisle, Du Page County,
Illinois
(“Site”)
.
At
the
Site., water from storm sewers and other areas of the Site
discharges
into
a
pond
and
wetland
area.
Water
from
the
pond
and
wetland area discharges into the East Branch of the Du Page
River.
.
2
7.
On July 19,
2001,
Paramount caused,
threatened,
or
allowed erosion of loose dirt,
silt,
and poor to nonexistent
erosion control measures at the Site.
8.
By August
7,
2001,
Paramount had taken few,
if any,
actions to install improved erosion control measures.
There was
no silt fencing around large piles of dirt on the Site,
and
filters on storm sewer inlets were either shredded or improperly
installed.
On August
7,
2001,
there was substantial soil erosion
at the Site, with some soil erosion areas adjacent to the pond
and wetland area.
9.
On August
16,
2001,
there were further signs
of
erosion.
Paramount caused,
threatened, or allowed an excessive
amount of loose dirt and silt at the Site which to wash off into
unprotected storm sewers.
Paramount still had not installed any
improved erosion control measures.
10.
On May 9,
2002,
there were additional signs of erosion
at the Site.
Paramount had installed some new silt fencing and
erosion control measures since August
2001,
but not enough to
adequately control erosion at the Site.
11.
On May 12,
2003
areas of the Site remained either
without erosion control measures or with inadequate controls.
Signs of erosion were again prevalent at several locations within
the Site.
12.
Paramount never installed sufficient control measures
3
at the Site to prevent silt discharges
to waters of the State
from the Site.
13.
Section 3.545 of the Act, 415 ILCS 5/3.545
(2002),
contains 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 to domestic,
commercial,
industrial,
agricultural, recreational,
or
other legitimate uses,
or to livestock,
wild animals,
birds,
fish,
or other aquatic life.
14.
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.
15.
Respondent Paramount is a person as that term is
defined at 415. ILCS 5/3.315
(2002).
16.
Section 3.165
of the Act,
415 ILCS 5/3.165
(2002),
contains the following definition:
“CONTAMINANT” is any solid,
liquid,
or gaseous matter,
any odor or any form of energy, from whatever source.
17.
Silt and loose dirt are “contaminants”
as that term is
defined in Section 3.165 of the Act.
18.
Section 3.550 of the Act,
415 ILCS 5/3.550
(2002),
contains the following definition:
4
“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.
19.
The storm sewers at the Site,
the pond and wetland area
at the Site,
and the East Branch of the Du Page River are
“waters” of the State of Illinois,
as that term is defined in
Section 3.550
of the Act,
415 ILCS 5/3.550
(2002).
20.
Section 12(a)
of the Act,
415 ILCS 5/12(a)
(2002),
provides 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.
21.
By discharging silt and loose dirt into the storm
sewers at the Site, which discharge to the pond and wetland area
at the Site,
and ultimately to the East Branch of the Du Page
River,
Paramount caused or allowed water pollution in violation
of 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,
PARAMOUNT DEVELOPERS INC.
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
5
2.
Find that Respondent has violated Section 12(a)
of the
Act,
415
ILCS 5/12(a)
(2002);
3.
Order Respondent to cease and desist from any further
violations of Section 12(a)
of the Act;
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day each violation
occurred;
6.
Order Respondent to pay all costs, pursuant toSection
42 (f)
of the Act, 415 ILCS 5/42 (f) (2002),
including attorney,
expert witness and consultant fees expended by the State in its
pursuit of
thi,s action;
and
7.
Grant such other relief as the Board deems appropriate
and just.
COUNT II
WATER POLLUTION HAZARD
1.
Count
II
is brought on behalf of the People of the
State of Illinois by Lisa Madigan, Attorney General
of the State
of Illinois,
on her own motion,
and by Joseph
E. Birkett,
State’s
Attorney for Du Page County,
Illinois,
on his own motion,
and is
an action to restrain ongoing violations of the Act and for civil
6
penalties.
2.
The Illinois EPA is an administrative agency
established in theexecutive branch of the State government
by,
Section 4 of the Act, 415 ILCS 5/4
(2002), and is charged,
inter
alia,
with the duty of enforcing the Act.
3-17.
Complainant realleges and incorporates by reference
paragraphs
5 through 19 of Count
I as paragraphs
3
through 17 of
this Count
II.
18.
Section 12(d)
of the Act,
415 ILCS 5/12(d)
(2002),
states as follows:
No Person Shall:
*
*
*
d.
Deposit any contaminants upon the land in such a
place and manner so as to create a water pollution
hazard.
19.
By causing or allowing contaminants to be deposited on
the land in such places and manners as to create water pollution
hazards to the waters of the State, Paramount is in violation of
Section 12(d)
of the Act,
415 ILCS 5/12(d)
(2002).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent PARAMOUNT DEVELOPERS,
INC.
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 12(d)
oi the
7
ACt, 415 ILCS 5/12(d)
(2002);
3.
Order Respondent to cease and desist from any further
violations of Section 12(d)
of the Act;
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act, and
an additional civil penalty of Ten Thousand Dollars
($10,000.00)
for each day each violation occurred;
6.
Order Respondent to pay all costs, pursuant to Section’
42(f)
of the Act, 415 ILCS 5/42 (f) (2002)
,
including attorney,
expert witness and consultant
fees expended by the State in its
pursuit of this action;
and
7.
Grant such other relief as the Board deems appropriate
and just.
COUNT III
VIOLATIONS OF NPDES PERMIT
1-19.
Complainant realleges and incorporates by reference
paragraphs
1 through 19
of Count
I as paragraphs
1 through 19 of
this Count
III.
20.
Section 12(f)
of the Act,
415 ILCS 5/12(f)
(2002),
states as follows:
No person shall:
*
*
*
f.
Cause,
threaten or allow the discharge of any
8
contaminant into the waters of the State,
as
defined herein,
including but not limited to,
waters to any sewage works,
or into any well or
from any point source within the State, without an
NPDES permit
f,o~...point,s,qurce..~4charges issue
by
the Agency under Section 39(b)
of this Act,
or in
violation of any term or condition imposed by such
permit,
or in violation of any NPDES permit filing
requirement established under Section 39 (b), or in
violation of any regulations adopted by the Board
or any order adopted by the Board with respect to
the NPDES program.
21.
On June
1,
1998, pursuant to Paramount’s application,
Illinois EPA granted Paramount coverage under the general
National Pollutant Discharge Elimination System
(NPDES)
Storm
Water Permit for construction site activities effective June
1,
1998 until May 31,
2003.
22.
Paramount’s NPDES Storm Water Permit 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
construction site activity from the facility.
In
addition,
the plan shall describe and ensure the
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 the conditions of
the permit.
Facilities must implement the provisions
of the storm water pollution prevention plan required
under this part as
a condition of this permit.
(emphasis added)
*
*
*
9
D.
Contents
of Plan.
‘The storm water pollution
prevention plan shall include the following terms.
*
*
*
2.
Controls.
Each plan shall include a
description of appropriate controls that will
be implemented at the construction site.
The description of controls shall
address
as appropriate the following minimum
components:
a.
Erosion and Sediment Controls.
(i)
Stabilization Practices.
A
description of interim and
permanent stabilization practices
including site-specific scheduling
of the implementation of the
practices.
Site plans should
insure that existing vegetation is
preserved where attainable and that
disturbed portions of the site are
stabilized.
*
*
*
(ii)
Structural Practices.
A
description of structural practices
to the degree attainable,
to divert
flows from exposed soils,
store
flows or otherwise limit runoff and
the discharge of pollutants from
exposed areas of the site.
*
*
*
4.
Inspections.
Qualified personnel
(provided
by the permittee)
shall inspect disturbed
areas of the construction site that have not
been finally stabilized,
structural control
measures,
and locations where vehicles enter
and exit the site at least once every seven
calendar days and within 24 hours
of the end
of a storm that is 0.5 inches or greater or
equivalent
snowfall.
10
*
*
*
d.
The permittee shall complete and submit
within
5 days an “Incidence of
,,Noncompli,ance”..(ION).,,.repprt, for,~py
violation of the storm water pollution
prevention plan observed during an
inspection conducted,
including those
not required by the Plan.
Submission
shall be on forms provided by the Agency
and include specific information on the
cause of noncompliance actions which
were taken to prevent any further causer
of noncompliance and a statement
detailing any environmental
impact
whicl
may have resulted from the
noncompliance.
23.
Paramount failed to monitor the Site as required by its
NPDES Permit.
24.
Paramount failed to install adequate storm water
controls when excessive erosion was evident,
as required by its
NPDES Permit.
25.
Paramount failed to submit incidence of noncompliance
(“ION”)
reports for violations of the storm water pollution
prevention plan,
as required by its NPDES Permit.
26.
Subsections 309.146(a)
(1)
and
(2)
of the Board’s Water
Pollution regulations,
35
Ill. Adm. Code 309.146(a)
(1) and
(2),
provides as follows:
.
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
11
27.
By failing to submit ION reports to Illinois EPA,
Paramount violated Subsections 309.146 (a) (1)
and
(2)
of the
.---Board~s~.Wat.er
Pollution~
~I~fl.Adm.
Code
309.146 (a) (1) and
(2).
28.
Section 309.102(a)
of the Board’s Water Pollution
regulatiOns, .35 Ill. Adm. Code 309.102(a), provides as follows:
a.
Except as in compliance with the provisions of the
Act, Board regulations,
and the CWA, and the
provisions and conditions of the NPDES permit
issued to the discharger,
the discharge of any
contaminant or pollutant by any person into the
waters of the State from a point source or into a
well shall be unlawful.
29.
By failing to monitor the Site, by failing to improve
and install adequate storm water controls when excessive erosion
was evident, and by failing to submit ION reports
to Illinois
EPA, Paramount violated the terms of its NPDES Permit.
By
discharging contaminants into the waters of the State of Illinois
in violation of
its NPDES permit,
Paramount is in violation of
Section 12(f)
of the Act, 415 ILCS 5/12(f)
(2002),
and Section
309.102(a)
of the Board’s Water Pollution regulations,
35
Ill.
Adm.
Code 309.102(a).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent PARAMOUNT DEVELOPERS,
INC.,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
12
2.
Find that Respondent has violated Section 12(f)
of the
Act, 415 ILCS 5/12(f)
(2002), and Subsections,,309.102(a) and
o
09.. 1.4
~
_t.he Board’ ~
c1J,~t,.ic.niç~g.t
i~n
~,,
35 Ill.
Adm. Code 309.102(a)
and 309.146(a) (1) and
(2);
3.
Order Respondent to cease and desist from any further
violations of Section 12(f)
of the Act and Subections 309.102(a)
and 309.146 (a) (1)
and
(2)
of the Board’s Water Pollution
regulations;
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against Respondent a civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day’ each violation of the
Act and the Board’s regulations occurred;
6.
Order Respondent to pay all costs, pursuant to Section
42(f)
of the Act, 415 ILCS 5/42 (f) (2002)
,
including attorney,
expert witness and consultant
fees expended by the State in its
pursuit of this action; and
7.
Grant such other relief as the Board deems appropriate
and just.
COUNT IV
FAILURE TO MAINTAIN RELIABLE POLLUTION CONTROL SYSTEMS
1-20.
Complainant realleges and incorporates by reference
paragraphs
1 through 20 of Count
I as paragraphs
1 through 20 of
this Count
IV.
13
21.
Section 306.102(a)
of the Board’s Water Pollution
regulations,
35
Ill. Adm. Code 306.102 (a), provides as follows:
~
stems..,.Rellahi.l.i.ty_.
....
.
-
..
-
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, though such
measures as multiple units, holding tanks, duplicate
power sources,
or such other measures as may be
appropriate.
22.
Section301.145 of the Board’s Water Pollution
regulations,
35
Ill. Adm. Code 301.145, contains the following
definition:
“Treatment Works” means individually or collectively
those constructions or devices
(except sewers, and
except constructions or devices used for the
pretreatment of wastewater prior to its introduction
into publicly owned or regulated treatment works)
used
for collecting, pumping,
treating,
or disposing of
wastewaters or for the recovery of byproducts from such
wastewater.
23.
Section 302.203
of the Board’s Water Pollution
regulations,
35 Ill.
Adm. Code 302.203, provides,
in pertinent
part,
as follows:
Section 302.203 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.
24.
Paramount’s erosion control measures are “treatment
works” as that term is defined at Section 301.145 of the Board’s
Water Pollution regulations.
14
.
25.
Paramount’s erosion control measures were not
constructed ‘and operated so as to minimize violations of the
....ap~.ii.cab.le..standards at
Sec,tio.n. 102,.2~,.,.3.,,.,.,
~f
,,.~eBoa
S
--
Pollution regulations during such contingencies as flooding or
adverse weather.
26.
By failing to construct and operate erosion control
measures so as to minimize violations of applicable standards
during such contingencies as flooding or adverse weather,
Pat-amount is
in violation of Section 306.102(a)
of the Board’s
Water Pollution regulations.
27.
By violating Section 306.102(a)
of the Board’s
regulations,
Respondent
is also in violation of 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,
PARAMOUNT DEVELOPERS,
INC.,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 12(a)
of the
Act, 415 ILCS 5/12(a)
(2002), and Section 306.102(a)
of the
Board’s Water Pollution regulations,
35
Ill. Mm.
Code
306.102(a);
3.
Order Respondent to cease and desist from any further
violations of Section 12(a)
of the Act and Section 306.102(a)
of
15
the Board’s Water Pollution regulations;
4.
Order Respondent to remediate the environmental damage
caused,,.~to.~~th.e
~ia.t,e.rs
of
he State
~
-.-.-‘-
——.-‘..-.,.-
..—
5.
Assess against Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each and every violation of the
Act and the Board’s regulations, with an additional penalty of
Ten Thousand Dollars
($10,000.00)
for each day each violation
occurred;
6.
Order Respondent to pay all costs, pursuant to Section
42 (f)
of the Act,
415 ILCS 5/42 (f) (2002)
,
including attorney,
expert witness and consultant fees expended by the State in its
pursuit of this action; and
7.
Grant such other relief as the Board deems appropriate
and just.
16
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
P0
MARIE
CAZE U,
Ch’
Env
enta
Bureau
Assistant Attorney General
ex rel. JOSEPH E. BIRKETT,
State’s Attorney for Du Page County
~
~2
THOMAS
F. DOWNING
7
Deputy Chief
Civil Bureau
Assistant State’s Attorney
OF COUNSEL:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 West Randolph,
~
Floor
Chicago,
IL 60601
312-814-6986
DEBORAH HELMS SMITH
Assistant State’s Attorney
505
N. County Farm Road
Wheaton,
IL 60187
630-682-7050
H:\cornmon\Eflvironrnexital\JOEL\Case Docutnents\Pararnount\complaint-final3
wpd
17
CERTIFICATE OF SERVICE
I,
JOEL
J.
STERNSTEIN, an Assistant Attorney General,
certify that on the
24th
day of November 2003,
I caused to be
served by First Class Mail the foregoing Complaint to the parties
named on the attached service
list, by depositing same in postage
prepaid envelopes with the United States Postal Service located
at 100 West Randolph Street,
Chicago,
Illinois 60601.
JOEL J. STERNSTEIN
