1. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~LERKPSO~,~
DEc 12 2003
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
)
STATE OFILLINOIS
of the State of Illinois,
)
Pollutiofl Contr.~,jBoard
Complainant,
vs.
)
PCB
(Enforcement
-
Water)
HAUCK HOMES, INC., an Illinois
corporation, d/b/a ROCK RIVER
ESTATES MOBILE HOME PARK,
Respondent.
NOTICE OF FILING
TO: Mr. Kenneth Hauck
Rock River Estates MHP
291 Illinois Route 2
Dixon, Illinois 61021
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board a Complaint,
Notice of Filing, and a Certificate of Service on behalf of the
People of the State of Illinois, a copy of which is attached and
herewith served. upon you.
.
Section 103.204(f) of the Pollution Control Board Procedural
Rules, 35 Ill. Adm. Code 103.204(f) provides: “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,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
BY:
ZEMEHERET
~
BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fir.
Chicago, IL 60601
(312) 814-3816
DATE:
December
•~,
2003
H: \cotnmofl\EflViroflmental\Z BEREKET-AB\HAUCKHOMESNotice .wpd
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S
DEC12OFFr~
2003
PEOPLE OF THE STATE OF ILLINOIS, )
STATE OFII..JJNOJS
LISA MADIGAN, Attorney General
)
Pol/uti0~Control Board
of the State of Illinois,
Complainant,
-vs-
)
PCB
(Enforcement
-
Water)
HAUCK HOMES, INC., an Illinois
corporation, d/b/a ROCK RIVER
ESTATES MOBILE HOME PARK,
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondent, HAUCK HOMES, INC., doing business as (“d/b/a”) ROCK
RIVER ESTATES MOBILE HOME PARK, an Illinois corporation, as
follows:
COUNT I
VIOLATION OF
GENERAL EFFLUENT STANDARDS
-
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, pursuant
to the terms and provisions of Section 31 of the Illinois
Environmental Protection Act (“Act”), 415 ILCS 5/31 (2002)
2. The Illinois Environmental Protection Agency (“Illinois
EPA”) isan administrative agency established in the executive
—1—
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. The Illinois EPA is further charged with the duty to
administer and abate violations of the National Pollutant
Discharge Elimination System (“NPDES”) permit program under the
Federal Clean Water Act (“CWA”), U.S.C. Sec. 1342(b) (7).
3. At all times relevant to this complaint, Defendant,
HAIJCK
HOMES, INC. (“HHI”), has been and is now an Illinois
corporation in good standing. HHI operates three manufactured
home communities under its corporate umbrella.
4. HHI owns and operates the Rock River Estates Mobile
Home Park (“RREMHP”).
5. The RREMHP is located approximately five miles south of
Dixon, Lee County, Illinois (“Facility”)
6. The legal description of the location of the Facility
is the southeast quarter of Section 9, Township 21 North, Range 8
East of the Fourth Principal Meridian in Nelson Township, Lee
County.
7. Prior to HHI’s purchase of the Facility, the Facility
and its wastewater treatment plant located at the site, used to
be owned and operated by Harold J. Moore as Moore’s Mobile Home
Park (“Moore”)
8. Moore constructed and operated the wastewater treatment
plant at the Facility under Illinois EPA permit number 1974-GB-
-2-
1420. The construction and operating permit was issued for Moore
to construct and operate, among other things, two blowers and two
sewage pumps.
9. Sometime in 1995, at a time better known to Respondent,
Moore sold the Facility to HHI.
10. On February 15, 1996, the Illinois EPA issued NPDES
permit number 1L0052582 to Rock River Estates. The permit issued
in 1996 was effective until March 31, 2002. Under the NPDES
permit effective until March 31, 2002, the fecal coliform limit
of 400 colonies per 100 milliters applied year round from January
through December.
11. NPDES permit No. 1L0052582, was reissued to Rock River
Estates on March 27, 2002, with an effective date of April 1,
2002. This permit expires on March 27, 2007.
12., Special Condition 7 of NPDES permit No. 1L0052582,
effective April 1, 2002, provides, “Fecal coliform limits for
discharge point 001 are effective May through October. Sampling
of Fecal Coliform is only required during this time period.”
13. The wastewater treatment plant (“WWTP”) at the
Facility, accepts waste from approximately 200-240 sanitary sewer
connections.
14. The WWTP at RREMHP consists of an aeration tank,
clarifier, aerobic sludge holding tank, polishing pond and
disinfection facilities.
-3-
15. Section 3.56 of the Act, 415 ILCS 5/3.56(2002), defines
waters of the State as follows:
“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.
16.. RREMHP discharges to the Rock River which is a water of
the State of Illinois as that term is defined by Section 3.56 of
the Act, 415
ILCS 5/3.56 (2002)
17. Between February 2002 and June 2002, and as set forth
in its discharge monitoring reports (“DMRs”), RREMHP discharged
fecal coliform in excess of the limits set forth in its NPDES
permit of 1996 and 2002.
18. The fecal coliform discharges, expressed in colonies
per 100 milliliters (“ml”), are listed as follows:
Parameter
Fecal Coliform
Limit
400 per 100 ml
Date
02/02
Too
Numerous To Count
03/02
Too
Numerous To Count
05/02
660
06/02
760
19. Section 12(a) of the Act, 415 ILCS 5/12 (a) (2002),
provides in pertinent part as follows:
-4-
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 the Act.
20. Section 3.06 of the Act, 415 ILCS 5/3.06(2002), defines
CONTAMINANT as “any solid, liquid, or gaseous matter, any odor,
or any form of energy, from whatever source.”
21. Fecal coliform discharged by RREMHP into the Rock River
is a contaminant as that term is defined by Section 3.06 of the
Act, 415 ILCS 5/3.06(2002).
22. Section 3.26 of the Act 415 ILCS 5/3.26(2002), defines
person as follows:
“PERSON is any individual, partnership, co-partnership,
firm, company, limited liability company, corporation,
association, joint stock company, trust, estate,\
political subdivision, stage agency, or any other legal
entity, or their legal representative, agent or
assigns.
23. HHI and RREMHP are each a “person” as that term is
defined in Section 3.26’ of the Act, 415 ILCS 5/3.26(2002).
24. Section 3.55 of the Act, 415 ILCS 5/3.55(2002), defines
water pollution 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,
-5-
commercial, industrial, agriculture, recreational, or
other legitimate uses, or to livestock, wild animals,
birds, fish, or other aquatic life.
25. Section 304.121(a) of the Illinois Pollution Control
Board (“Board”) Water Pollution Regulations, 35 Ill. Adm. Code
30~.121(a), titled, Bacteria, provides in pertinent part as
follows:
a) Effluents discharged to all general use water
shall not exceed 400 fecal coliforms per 100 ml..
26. Section 304.141(a) of the Board Water Pollution
RegulationS, 35 Ill. Adm. code 304.141(a), titled, NPDES
Effluent
Standard~,
provides in pertinent part as follows:
a) No person to whom an NPDES Permit has been issued
may discharge any contaminant in his effluent in
excess of the standards and limitations for that
contaminant which are set forth in his permit;
27. RREMHP allowed fecal coliform concentrations in its
effluent to exceed the limits set forth in 35 Ill. Adm. Code
304.121 (a)
28. By allowing fecal coliform concentrations,
contaminants, to exceed levels set by 35 Ill. Adm. Code
304.121(a) and its 1996 and 2002 NPDES permits, RREMHP violated
Sections 304.l2l(a)and 304.141(a) of the Board Water Pollution
RegulationS, 35 Ill. Adrn. Code 304.121(a) and 304.141 (a)..
29. By allowing fecal coliform concentrations in its
effluent discharges to exceed 400 colonies per 100 ml, set forth
in 35 Ill. Adm. Code 340.121(a) and its NPDES permit, RREMHP
-6-
caused, threatened or allowed water pollution in Illinois 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 in favor of
Complainant and against Respondent with respect to 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 Respondent has violated Section 12(a)
of the Act, 35 Ill. Adm. Code 304.121(a), 304.141(a), and its
NPDES permit;
3. Ordering the Respondent to cease and desist from
further violations of Section 12(a) of the Act, 35 Ill. Adm. Code
304.121(a), 304.141(a), and its NPDES permit;
4. Ordering the Respondent to adhere to the requirements
of the Act, Board Regulations and the terms of its NPDES permit;
5. Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars ($50,000.00) for each and every violation
of the Act, Board Regulations and its NPDES permit, with an
additional civil penalty of Ten Thousand Dollars ($10,000.00) per
day for each day that each violation continues;
6. Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
-7-
COUNT II
VIOLATION OF NPDES PERMIT OPERATIONAL REQUIREMENTS
1-14. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 14 of Count I as paragraphs 1
through 14 of this Count II.
15. During the May 28, 2002, inspection of the Facility,
HEI had not performed an effluent wet well draw down test as it
had agreed to perform in its Compliance Commitment Agreement of
July 3, 2001.
16. Al~oon May 28, 2002, RREMHP had not installed any
mechanism by which to accurately measure flow into its WWTP as
required by the sampling, monitoring and reporting requirements
specified in its NPDES permit.
17. Further, on May 28, 2002, RREMHP was operating with
only one operable influent pump and one blower when it should
have been operating with two pumps and blowers.
18. 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
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 for point source discharges issued 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
-8-
violation of any regulations adopted by the Board
or of any order adopted by the Board with respect
to the NPDES program.
19. Section 306.102(a) of the Board Water Pollution
Regulations, 35 Ill. Adm.
Code 306.102(a), titled,
Systems
Reliability,
provides in pertinent part as follows:
a) Malfunctions: All treatment works and associated
facilities
shall be so constructed and operated so
as to minimize violations of applicable standards
during such contingencies as flooding, adverse
weather, power failure, equipment failure, or
maintenance, through such measures and multiple
units, holding tanks, duplicate power sources, or
other such measures as may be appropriate.
20. Section 305.102(a) of the Board Water Pollution
Regulations, 35 Ill. Adm Code 305.102(a), titled,
Reporting
Requirements,
provides as follows:
a) Every person within this State operating a
pretreatment works, treatment works, or wastewater
source shall submit operating reports to the
Agency at a frequency to be determined by the
Agency. “Agency” means the Illinois Environmental
Protection Agency. Such reports shall contain
information regarding the quantity of influent and
of effluent discharged, of wastes bypassed and of
combined sewer overflows; the concentrations of
those physical, chemical, bacteriological and
radiological parameters which shall be specified
by the Agency; information concerning the
biological impact of the discharge as specified by
the Agency, pursuant to Section 39 of the Act; and
any additional information Agency may reasonably
require. This reporting requirement for
pretreatment works shall only apply to those
pretreatment works which are required to have a
pretreatment permit or authorization to discharge
pursuant to 35 Ill. Adm. Code 310.
-9-
21. As alleged in paragraphs 15, 16 and 17 of this Count
ii, RREMHP failed to perform effluent wet well draw down test,
failed to accurately monitor influent flows to its WWTP and also
failed to install backup pumps and blowers so as to minimize
violations during equipment failures and maintenance.
22. By failing to perform an effluent wet well draw down
test, accurately monitoring influent flows and by failing to
install backup pumps and blowers, RREMHP violated Section 12(f)
of the Act, 415 ILCS 5/12/(2002), and 35 Ill. Adm. Code
305.102(a) and 306.102(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant
and against Respondent with respect to 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(f)
of the Act and 35 Ill. Adm. Code 305.102(a) and 306.102)a);
3. Ordering the Respondent to cease and desist from
further violations of Section 12(f) of the Act and 35 Ill. Adm.
Code 305.102(a) and 306.102(a);
4. Ordering the Respondent to comply with the requirements
of the Act, Board Regulations and its NPDES permit;
5. Assessing against the Respondent a civil penalty of
Ten Thousand Dollars ($10,000.00) per day for each day each
-10-
‘violation of Section 12(f) of the Act, the pertinent Board
Regulations and its NPDES permit continues;
6. Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent; and
6.
Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
/~
~fI~tVZ-~(
~
/f~1
ROSEMARIE CAZEAU,~’Chief
Environmental Bureau North
Assistant Attorney General
OF COUNSEL:
ZEMEHERET
BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, IL 60601
(312) 814-3816
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—11—
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached
Complaint, Notice of Filing, and Certificate of Service via
United States Postal certified mail upon:
Mr. Kenneth Hauck
Rock River Estates MHP
291 Illinois Route. 2
Dixon, IL 61021
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fir.
Chicago, Illinois 60601
H: \common\Environmental\Z BEREKET-AB\H~UCKHOMESNotice.wpd

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