CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
FEB
-
22004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
OF
ILLINOIS
by LISA
MADIGAN, Attorney General
)
Pollution Control Board
of the State of Illinois,
Complainant,
)
PCBN0.
~
v.
.
)
(Enforcement
-
Water)
PflINACLE CORPORATION d/b/a
TOWN & COUNTRY HOMES,
an Illinois Corporation,
Respondent.
NOTICE OF. FILING
TO: Peter J. Brennan, Registered Agent
Pinnacle Corporation d/b/a Town & Country Homes
1806 South Highland Avenue
Lombard, Illinois 60148
PLEASE TAKE NOTICE that I have today filed the Complaint with
the Office of the Clerk of the Illinois Pollution Control Board, a
true and correct copy of which is attached hereto and herewith
served upon you. Pursuant to 35 Ill. Adm. Code 103.204(f), I am
required to advise you that 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.
PEOPLE OF THE STATE •OF ILLINOIS,
by LISA
MADIGAN, Attorney General
of the State of Illinois
BY:
_______
MICHAEL C.
TEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
Suite 2001
Chicago, Illinois
60601
(312) 814-2069
Attorney No. 99000
CLERK’S OFFICE
FEB -
22004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF
ILLINWS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
Control Board
by LISA
M7~DIGAN,
Attorney General
of the State of Illinois,
Complainant,
)
PCBNo. .L/( ~
v.
)
(Enforcement
-
Water)
PINNACLE CORPORATION d/b/a
TOWN & COUNTRY HOMES,
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,
PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES,
an Illinois
corporation, as follows:
COUNT I
CAUSING, THREATENING OR ALLOWING WATER POLLUTION
1. This Count 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 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
alia,
with the duty of
enforcing the Act in proceedings before the Illinois Pollution
Control Board (“Board”)
3. At all times relevant to this Count, Respondent,
PINNACLE CORPORATION d/b/a TOWN & COUNTRY HOMES, was and is an
Illinois corporation authorized to transact business in the State
of Illinois.
4. At all times relevant to this Count, Respondent was and
is the owner and/or operator of Liberty Lakes, an expansive
construction site located on Gilmer Road just west of Fairfield
Road in Wauconda, Lake County, Illinois (“site”), on which
approximately 644 single-family homes and 156 townhomes will be
built.
5. Located on and adjacent to the site are wetland areas.
Located near the site is a tributary of Mutton Creek, which is in
the Fox River watershed.
6. On September 24, 2002, there were approximately 400
acres of land disturbed by Respondent’s construction activities,
including a disturbed wetland area on the west side of the site.
7. On September 24, 2002, there was inadequate erosion and
silt control measures at a large portion of the site from which
storm water discharged to the on-site and adjacent wetland areas
and the nearby tributary of Mutton Creek.
8. Also on September 24, 2002, there were hundreds of feet
of sewer and public water supply pipes installed in excavated
trenches at the site.
9. Based on information from Respondent, Respondent had
also pumped storm water from on-site catch basins into the adjacent
wetland area.
2
10. As of September 24, 2002, Respondent had not submitted a
notice of intent to be covered by the general National Pollutant
Discharge Elimination System permit for storm water discharge
associated with construction activity at the site (“general NPDES
storm water permit”) prior to beginning said construction activity.
11. As of September 24, 2002, Respondent also had not
obtained the prerequisite sewer and public water supply permits
from the Illinois EPA.
12. On October 3, 2002, Respondent submitted to the Illinois
EPA notices of intent to be covered by the general NPDES storm
water permit. Respondent’s notices of intent stated that the start
of construction date was “10/02,” but the start of construction
date was, in fact, some date well before October 2002.
13. Respondent is subject to the Act and the regulations for
water pollution and public water supplies promulgated under the Act
by the Board and the Illinois EPA at Title 35, Subtitles C and F,
respectively, of the Illinois Administrative Code.
14. Section 12(a) of the Act, 415 ILCS 5/12(a) (2002),
provides as follows:
Actions Prohibited.
No person shall:
(a) Cause or threaten or allow the discharge of any
contaminants into the environment of 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.
15. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
provides the following definition:
3
“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.
16. Respondent, an Illinois corporation, is a “person” as
that term is defined in Section 3.315 of the Act.
17. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
provides the following definition:
“CONTAMINANT”
is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
18. The silt that eroded from the site into the wetland
areas and tributary of Mutton Creek is a “contaminant” as that term
is defined by Section 3.165 of the Act.
19. 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.
20. Section 3.550 of the Act, 415 ILCS 5/3.550 (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.
21. The on-site and adjacent wetland areas and tributary of
Mutton Creek are “waters” as that term is defined in Section 3.550
of the Act.
4
22. By causing, threatening or allowing the discharge of
storm water containing silt into wetland areas and the tributary of
Mutton Creek, Respondent caused, threatened or allowed the
discharge of a contaminant into the environment.
23. By causing, threatening or allowing the discharge of a
contaminant into the environment, Respondent caused or tended to
cause water pollution in Illinois.
24. By causing or tending to cause water pollution in
Illinois, Respondent violated Section 12(a) of the;-Act.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES, on this Count I:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00) for each day during which each violation continued
thereafter;
5. Awarding to Complainant its costs and reasonable
attorney’s fees; and
5
6. Granting such other relief as the Board deems
appropriate.
COUNT II
CAUSING OR ALLOWING THE CONSTRUCTION OF A SEWER WITHOUT A PERMIT
1-13. Complainant realleges and incorporates by reference
paragraphs 1 through 13 of Count I as paragraphs 1 through 13 of
this Count II.
14. Section 12 (c) of the Act, 415 ILCS 5/12 (c) (2002)
provides as follows:
Actions Prohibited.
No person shall:
***
(c) Increase the quantity or strength of any discharge
of contaminants into the waters, or construct or
install any sewer or sewage treatment facility or
any new outlet for contaminants into the waters of
this State, without a permit granted by the Agency.
15-21. Complainant realleges and incorporates by reference
paragraphs 15 through 21 of Count I as paragraphs 15 through 21 of
this Count II.
22. Section 309.202(a) of the Board’s Water Pollution
Regulations, 35 Ill. Adm. Code 309.202(a), provides as follows:
Construction Permits.
Except for treatment works or wastewater sources which
have or will have discharges for which NPDES permits are
required, and for which NPDES permits have been issued
by the Agency:
(a) No person shall cause or allow the construction of
any new treatment works, sewer or wastewater source
or cause or allow the modification of any existing
treatment works, sewer or wastewater source without
a construction permit issued by the Agency, except
6
as provided in paragraph (b).
23. Beginning on a date before September 24, 2002,
Respondent caused or allowed the construction of a sewer without a
construction permit issued by the Illinois EPA.
24. By causing or allowing the construction of a sewer
without a construction permit issued by the Illinois EPA,
Respondent violated Section .12(c) of the Act and Section 309.202 (a)
of the Board’s Water Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES, on this Count II:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00) for each day during which each violation continued
thereafter;
5. Awarding to Complainant its costs and reasonable
attorney’s fees; and
7
6. Granting such other relief as the Board deems
appropriate.
COUNT III
CAUSING, THREATENING OR ALLOWING THE DISCHARGE OF CONTAMINANTS
WITHOUT AN NPDES STORM WATER DISCHARGE PERMIT
1-13. Complainant realleges and incorporates by reference
paragraphs 1 through 13 of Count I as paragraphs 1 through 13 of
this Count III.
14. Section 12(f) of the Act, 415 ILCS 5/12(f) (2002),
provides, in relevant part, as follows:
Actions Prohibited.
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
violation of any regulations adopted by the Board
or of any order adopted by the Board with respect
to the NPDES program
. . .
15-21. Complainant realleges and incorporates by reference
paragraphs 15 through 21 of Count I as paragraphs 15 through 21 of
this Count III.
22. Section 309.102(a) of the Board’s Water Pollution
Regulations, 35 Ill. Adm. Code 309.102(a), provides as follows:
8
NPDES. Permit Required.
(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.
23. Beginning on a date before September 24, 2002,
Respondent caused, threatened or allowed the discharge of a
contaminant into the waters of the State without an NPDES storm
water discharge permit issued by the Illinois EPA.
24. By causing, threatening or allowing the discharge of a
contaminant into the waters of the State without an NPDES storm
water discharge permit issued by the Illinois EPA, Respondent
violated Section 12(f) of the Act and Section 309.102(a) of the
Board’s Water Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES, on this Count III:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of ten
thousand dollars ($10,000.00) for each day during which each
9
violation continues;
5. Awarding to Complainant its costs and reasonable
attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
COUNT IV
FAILING TO SUBMIT PLANS
AND
SPECIFICATIONS FOR A PUBLIC WATER
SUPPLY BEFORE CONSTRUCTION
1-13. Complainant realleges and incorporates by reference
paragraphs 1 through 13 of Count I as paragraphs 1 through 13 of
this Count IV.
14. Section 15(a) of the Act, 415 ILCS 5/15(a) (2002),
provides as follows:
Plans and specifications; demonstration of capability.
(a) Owners of public water supplies, their authorized
representative, or legal custodians, shall submit
plans and specifications to the Agency and obtain
written approval before construction of any
proposed public water supply installations,
changes, or additions is started. Plans and
specifications shall be complete and of sufficient
detail to show all proposed construction, changes,
or additions that may affect sanitary quality,
mineral quality, or adequacy of the public water
supply; and, where necessary, said plans and
specifications shall be accompanied by supplemental
data as may be required by the Agency to permit a
complete review thereof.
15. Section 3.365 of the Act, 415 ILCS 5/3.365 (2002),
provides, in relevant part, the following definition:
“PUBLIC WATER SUPPLY” means all mains, pipes and
structures through which water is obtained and
distributed to the public, including wells and well
structures, intakes and cribs, pumping stations,
treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used
10
or intended for use for the purpose of furnishing water
for drinking or general domestic use and which serve at
least 15 service connections or which regularly serve at
least 25 persons at least 60 days per year
. .
16. The public water supply pipes installed in excavated
trenches at the site are a “public water supply” as that term is
defined in Section 3.365 of the Act.
17. Respondent failed to submit plans and specifications to
the Illinois EPA or to obtain written approval before starting
construction of the public water supply at the site.
18. By failing to submit plans and specifications to the
Illinois EPA or to obtain written approval before starting
construction of the public water supply at the site, Respondent
violated Section 15(a) of the Act.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES, on this Count IV:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00) for each day during which each violation continued
11
thereafter;
5. Awarding to Complainant its costs and reasonable
attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
COUNT V
CAUSING OR ALLOWING THE CONSTRUCTION OR INSTALLATION
OF A PUBLIC WATER SUPPLY WITHOUT A PERMIT
1. This Count is brought by LISA
MADIGAN,
Attorney General
of the State of Illinois, on her
own
motion pursuant to Section 31
of the Act.
2-13. Complainant realleges and incorporates by reference
paragraphs 2 through 13 of Count I as paragraphs 2 through 13 of
this Count V.
14. Section 18(a) of the Act, 415 ILCS 5/18(a) (2002),
provides as follows:
Prohibitions; plugging requirements.
(a) No person shall:
(1) Knowingly cause, threaten or allow the
distribution of water from any public water
supply of such quality or quantity as to be
injurious to human health; or
(2) Violate regulations or standards adopted by
the Agency pursuant to Section 15(b) of this
Act or by the Board under this Act; or
(3) Construct, install or operate any public water
supply without a permit granted by the Agency,
or in violation of any condition imposed by
such permit.
15-21. Complainant realleges and incorporates by reference
paragraphs 15 through 21 of Count I as paragraphs 15 through 21 of
12
this Count V.
22-23. Complainant realleges and incorporates by reference
paragraphs 15 and 16 of Count IV as paragraphs 22 and 23 of this
Count V.
24. Section 602.101(a) of the Board’s Public Water Supply
Regulations, 35 Ill. Adm. Code 602.101(a), provides, in relevant
part, as follows:
Construction Permit,.
(a) No person shall cause or allow the construction of
any new public water supply installation •or cause
or allow the change of or addition to any existing
public water supply, without a construction permit
issued by the Illinois Environmental Protection
Agency (Agency)
. .
25. Section 652.101(a) of the Illinois EPA’s Public Water
Supply Regulations, 35 Ill. Adm. Code 652.101(a), provides as
follows:
Construction Permit Requirements.
(a) Construction permits shall be obtained by the
official custodian of a water supply prior to
beginning construction of any proposed community
water supply and prior to all alterations, changes
or additions to an existing community water supply
which may affect the sanitary quality, mineral
quality or adequacy of the supply including changes
pursuant to 25 Ill. Adm. Code 653.115.
26. Beginning on a date before September 24, 2002,
Respondent caused or allowed the construction of a new public water
supply without a construction permit issued by the Illinois EPA.
27. By causing or allowing the construction of a new public
water supply without a construction permit issued by the Illinois
EPA, Respondent violated Section 18(a) of the Act, Section
13
602.101(a) of the Board’s Public Water Supply Regulations, and
Section 652.101(a) of the Illinois EPA’s Public Water Supply
Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, PINNACLE CORPORATION d/b/a TOWN
& COUNTRY HOMES, on this Count V:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent violated the Act and regulations
as alleged herein;
3. Ordering Respondent to cease and desist from any further
violations of the Act and regulations;
4. Assessing against Respondent a civil penalty of fifty
thousand dollars ($50,000.00) for each violation of the Act and
regulations, and an additional penalty of ten thousand dollars
($10,000.00) for each day during which each violation continued
thereafter;
5. Awarding to Complainant its costs and reasonable
attorney’s fees; and
6. Granting such other relief as the Board deems
appropriate.
14
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
____________
ROSEMARIE CAZEAU, Chi~f
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: (312)814-2069
15
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the
Complaint was sent by certified mail with return receipt requested
to each of the persons listed on the Notice of Filing on February
2, 2004.
BY:
~
MICHAEL C. PARTEE
It is hereby certified that the originals plus nine (9) copies
of the foregoing were hand-delivered to the following person on
February 2, 2004:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
‘1MA4~47M~-~-
MICHAEL C. PMTEE
