1. APPEARANCE
      2. COMPLAINT
      3. Summary of the Complaint
      4. Common Allegations
      5. COUNT IIViolation of Section 21(d)(2) of the Act
      6. COUNT IIIViolation of Section 21(e) of the Act
      7. PROOF OF SERVICE
      8. SERVICE LIST
      9. SUBMITTEDON RECYCLEDPAPER
BEFORE
THE
ILLINOIS
MDI
LIMITED PARTNERSHIP
#42,
an Illinois
Partnership,
Complainant,
REGIONAL BOARD
OF TRUSTEES
FOR BOONE AND WINNEBAGO
COUNTIES,
in their official capacity, and
)
BOARD OF
EDUCATION OF
)
BELVIDERE DISTRICT 100,
in their
)
official capacity,
Respondents.
)
)
)
BOARDRECEIVE~
CLERK’S OFFICE
MAY
~4
2000
)
S
fATE OF ILUNOIS
)
Pollution
Control
Board
)
)
PCBNo.
___________
)
)
)
Citizen’s Suit Enforcement Action
)
To:
See
Attached Notice List
NOTICE
OF FILING
PLEASE
TAKE NOTICE that on May 4,
2000, I filed with
the Office of the Clerk of
the Pollution
Control Board
a Complaint,
a copy of which is herewith served upon you.
MDI LIMITED PARTNERSHIP #42
By:
~LtI~)
~
Roy
L.
Bernstein
Andrew J. Warren
SCHWARTZ
& FREEMAN
401
North Michigan AvenUe
Suite
1900
Chicago, IL
60611
(312) 222.0800
Attorney Number 90736
One of its Attorneys
)
V.
259648_i
050300
0356pm 54193-6218
RECEIVED
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
MAY
~4
2000
MDI LIMITED PARTNERSHIP
)
STATE OF ILLINOIS
#42,
an Illinois Partnership,
)
Pollution
Control Boord
)
Complainant,
)
PCBNo.
co-
v.
)
)
REGIONAL BOARD
OF TRUSTEES
)
Citizen’s
Suit Enforcement Action
FOR BOONE AND WINNEBAGO
)
COUNTIES,
in their official capacity,
and
)
BOARD
OF EDUCATION OF
)
BELVIDERE DISTRICT
100,
in their
)
official capacity,
)
)
Respondents.
)
APPEARANCE
I
hereby
file my
appearance in
this
proceeding
on
behalf of MDI
Limited
Partnership
#42.
SCHWARTZ & FREEMAN
By:____
y
.
Bernstein
One ofthe Attorneys for MDI Limited
Partnership #42
Roy
L.
Bernstein
Andrew J. Warren
SCHWARTZ &
FREEMAN
401
North Michigan Avenue
Suite 1900
Chicago, IL
60611
(312) 222-0800
Attorney No. 90736
SUBMITTED ON
RECYCLEDPAPER
260177_i 0502000439pm 54193-6218
RECE~VE~
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
MAY
~4
2000
MDI LIMITEDPARTNERSHIP
)
STATE
OF ILLINOIS
#42,
an Illinois
Partnership,
)
Pollution
Control Board
)
Complainant,
)
)
PCBNo.
____________
V.
)
)
REGIONAL BOARD
OFTRUSTEES
)
Citizen’s
Suit Enforcement Action
FOR BOONE AND WINNEBAGO
)
COUNTIES, in their official capacity,
and
)
BOARD
OFEDUCATIONOF
)
BELVIDERE DISTRICT
100,
in their
)
official capacity,
)
)
Respondents.
)
APPEARANCE
I hereby file my
appearance
in
this
proceeding
on behalf of MDI
Limited
Partnership
#42.
SCHWARTZ &FREEMAN
By:_______________________________
Andrew J.
Warren
One of the Attorneys for MDI Limited
Partnership #42
Roy L.
Bernstein
Andrew J. Warren
SCHWARTZ
& FREEMAN
401
North Michigan Avenue
Suite
1900
Chicago, IL
60611
(312)
222-0800
Attorney No.
90736
SUBMITTEDONRECYCLED PAPER
259669_i 0503000404pm54193-6218
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
CLERK’S OFFICE
MAY
~4 2000
MDI LIMITED
PARTNERSHIP
)
STATE OF IWNOIS
#42, an Illinois
Partnership,
)
PolIutio~Control Board
Complainant,
)
)
PCBNo.
_____________
V.
)
)
REGIONALBOARD OFTRUSTEES
)
Citizen’s Suit Enforcement Action
FOR BOONE AND WINNEBAGO
)
COUNTIES, in their official capacity, and
)
BOARD
OF EDUCATIONOF
)
BELVIDERE DISTRICT
100,
in their
)
official capacity,
)
)
Respondents.
)
COMPLAINT
The
Complainant,
MDI
LIMITED
PARTNERSHIP
#42
(“MDI”),
by
and
through
its
attorneys,
Schwartz
&
Freeman,
complains
against the Respondent REGIONAL BOARD
OF
TRUSTEES
FOR
BOONE
AND
WINNEBAGO
COUNTIES
(the
“Regional
Board”)
and
BOARD OF EDUCATION OF BELVIDERE DISTRICT
100
(the
“Belvidere District”)
(the
Regional
Board
and
Belvidere
District
are
referred
to
collectively
herein
as
the
“School
District”)
as follows:
Summary of the Complaint
MDI
seeks
to
recover
from
the
School
District
costs
incurred
in
connection with
the
removal
and remediation of contamination from two
underground storage tanks
at a
facility in
Belvidere,
Illinois.
The
Belvidere
District
installed
and
operated
the
underground
storage
tanks
for
more
than
20
years
before
they
were
abandoned
in
place.
Due
to
the
School
District’s acts
and
omissions,
causing contamination and
allowing
contamination to
remain
in
place,
MDI
incurred
significant
costs
by
conducting
a
response
action
to
address
the
contamination.
Common Allegations
1.
MDI
is
an
Illinois
limited
partnership
and
a
“person”
within the
meaning
of
Section
3.26 of the Illinois
Environmental Protection Act (the “Act”), 415
ILCS
5/3.26.
2.
The
Regional
Board
is
a
body
politic and
corporate
and
a
“person”
within the
meaning of Section 3.26 of the Act,
415
ILCS
5/3.26.
3.
The Belvidere District
is a body politic and
corporate and
a
“person”
within the
meaning of Section 3.26
of the Act,
415
ILCS
5/3.26.
4.
Upon
information and
belief,
the
Regional
Board
oversees
and
supervises
the
Belvidere District.
5.
Jurisdiction
of
the
Illinois
Pollution
Control
Board
(the
“Board”)
is
proper
pursuant to
Section
31
of the Act,
415 ILCS
5/31.
6.
Upon information
and
belief,
beginning
in
at
least
the
1890’s
and
continuing
until
1985,
the
Belvidere
District
owned
the
real
property
commonly
known
as
500
Pearl
Street,
Belvidere, Illinois
(“the Facility”).
7.
The
Belvidere
District
installed
two
underground
storage
tanks,
each
with
a
capacity of 20,000 gallons,
at the Facility during the
1930’s for heating oil storage.
8.
Upon
information and
belief,
the
Belvidere District
operated
the underground
storage tanks from the date of installation and continuing until the
1950’s.
9.
The
Belvidere District
never
removed the
contents of the underground
storage
tanks before discontinuing their active use.
2
10.
During
the
period
of
operation,
the
Belvidere
District
permitted
petroleum
constituents to be released
into soils at the Facility from the underground storage tanks.
11.
Beginning
at the end of the period of active
operation
and
continuing
to
at least
1985,
the Belvidere District permitted the continued release of petroleum constituents
into
soils
at the Facility from the underground storage tanks.
12.
Upon
information
and
belief,
the
Belvidere
District
sold
the
Facility
to
the
Regional
Board in
1985.
13.
Upon information and belief,
the Regional
Board owned the Facility from
1985
to
1991.
14.
During
its
period
of
ownership,
the
Regional
Board
permitted
the
continued
release of petroleum constituents into
soils at the Facility from the underground storage tanks.
15.
Upon information and belief,
the Regional
Board sold
the Facility to the City of
Belvidere (the “City”) in
1991.
16.
Upon
information
and
belief,
neither
the
Belvidere
District
nor
the
Regional
Board disclosed the presence of the underground storage tanks
at the Facility to the City.
17.
In November
1995,
the
City
entered
into
an
Option
Agreement
with
MDI
for
redevelopment of the Facility.
18.
As part of its
evaluation of the Facility, MDI
through
its
consultant,
prepared a
Phase I Environmental Assessment in July,
1997 (the
“Phase I Report”), which Phase I Report
did not disclose the presence of the underground storage tanks at the Facility.
19.
MDI
exercised
its
option and purchased the
Facility from
the
City
in
1998
for
redevelopment into senior citizen residential housing.
3
20.
In
July
1998,
during
excavation associated
with
MDI’s
redevelopment
of
the
Facility,
the
two
underground
storage
tanks
were
discovered
beneath
the
foundation
of
a
building
being
removed
by
MDI.
At
the
time
of discovery,
petroleum
contamination
was
observed in the
soils
surrounding the underground
storage tanks.
21.
On
July
16,
1998,
a
representative
of
the
Office
of
the
Illinois
State
Fire
Marshall confirmed
that a petroleum release
had occurred at the Facility and
assigned
Illinois
Emergency Management Agency Incident
Number 982110
to
the leaking underground storage
tanks.
22.
MDI exposed
the underground storage
tanks
and
pumped oily
waste water and
sludge
from
the tanks for disposal
at an approved disposal
facility.
The underground
storage
tanks were
cleaned and removed from the Facility.
23.
During
removal
of
the
underground
storage
tanks,
MDI
discovered
that
fill
under and
around the tanks and native soil was contaminated by petroleum constituents that had
leaked
from
the underground
storage
tanks.
MDI
excavated and
stockpiled
the
contaminated
soil for off-site disposal
at an approved facility.
24.
By
October 1998,
MDI removed and
disposed of approximately
630
cubic yards
of
petroleum-contaminated
soils
and
approximately
17,000
gallons
of
oily
water
and
sludge
from the Facility.
25.
MDI
incurred costs
for work at
the Facility in
connection with
the
removal of
the
two underground storage tanks
and
the investigation and removal of contaminated soils
and
tank contents exceeded $90,000.
4
26.
Despite
repeated
demands
by
MDI,
neither
the
Belvidere
District
nor
the
Regional Board have reimbursed MDI for the costs
incurred at the Facility.
COUNT I
Violation of Section
21(a) of the Act
27.
MDI
realleges
and
incorporate
by
reference
as
if
set
forth
fully
herein
Paragraphs
1
through 26
of the Complaint.
28.
Section
2 1(a) of the Act prohibits
any
person from causing or allowing
the open
dumping of any
waste.
415
ILCS
5/21(a).
29.
The
petroleum
constituents
present
in
the
underground
storage
tanks
at
the
Facility and released
from
the deteriorated underground
storage tanks
into surrounding
soils
at
the Facility constitute
“waste” under the Act.
415 ILCS
5/3.53.
30.
The
School
District
caused
or
allowed
petroleum
constituents
to
be
released
from the underground storage tanks
at the Facility in violation of Section 21(a) of the Act.
WHEREFORE, MDI
request the Board enter an order as follows:
(a)
Require
the School
District
to
reimburse MDI
for the
costs
in
incurred
removing
the underground
storage
tanks
and
investigating
and
cleaning up
petroleum
contaminated soils at the Facility;
and
(b)
Order any other relief that the Board and
equity deem appropriate.
COUNT
II
Violation of Section 21(d)(2) of the Act
31.
MDI
realleges
and
incorporate
by
reference
as
if
set
forth
fully
herein
Paragraphs
1
through 26
of the Complaint.
5
32.
Section
21 (d)(1) prohibits a person from conducting
a waste-storage operation or
waste-disposal
operation
without
a
permit
granted
by
the
Illinois
Environmental
Protection
Agency (“IEPA”).
415 ILCS
5/21(d)(1).
33.
Section
21(d)(2) prohibits a person from conducting
a waste-storage operation or
waste-disposal in violation of any
regulations or standards
adopted by the Board pursuant to the
Act.
415
ILCS
5/21(d)(2).
34.
The
petroleum
constituents
present
in
the
underground
storage
tanks
at
the
Facility and
released from
the deteriorated underground
storage tanks
into surrounding soils
at
the Facility constitute “waste” under
the Act.
415
ILCS
5/3.53.
35.
The
presence
of
petroleum
constituents
in
underground
storage
tanks
at
the
Facility constitutes
“storage”
under the Act.
415
ILCS
5/3.46.
36.
The
leaking
of petroleum
constituents
from
underground
storage
tanks
at
the
Facility constitutes
“disposal” under the Act.
415
ILCS
5/3.08.
37.
The
School
District conducted
a
waste-storage
operation
and
a
waste-disposal
operation without a permit in violation of Section
21 (d)(1) of the Act.
415
ILCS
5/21 (d)(1).
38.
The
School
District
conducted
a
waste-storage
operation
and
a
waste-disposal
operation
in
violation of regulations
or
standards
adopted by
the Board
pursuant
to
the
Act.
415
ILCS
5/21(d)(2).
WHEREFORE, MDI
request the Board enter an order as follows:
(a)
Require the
School
District
to
reimburse MDI
for
the costs
in
incurred
removing the
underground
storage
tanks
and
investigating
and
cleaning
up
petroleum
contaminated soils
at the Facility;
and
6
(b)
Order any
other relief that the Board and equity deem appropriate.
COUNT III
Violation of Section 21(e) of the Act
39.
MDI
realleges
and
incorporates
by
reference
as
if
set
forth
fully
herein
paragraphs
1
through 26
of the Complaint.
40.
Section
2 1(e)
of
the
Act
prohibits
disposal,
storage,
or
abandonment
of
any
waste,
“except at a site or facility which meets the requirements
of this Act
and of regulations
and standards thereunder.”
415
ILCS
5/21(e).
41.
The
petroleum
constituents
present
in
the
underground
storage
tanks
at
the
Facility and released
from the deteriorated underground
storage tanks
into surrounding soils
at
the Facility constitute
“waste” under the Act ILCS
5/3.53.
42.
The
presence
of
petroleum
constituents
in
underground
storage
tanks
at
the
Facility constitutes
“storage”
under the Act 415
ILCS
5/3.46.
43.
The
leaking
of
petroleum constituents
from
underground
storage
tanks
at
the
Facility constitutes
“disposal” under
the ACT.
415 ILCS
5/3.08.
44.
The
presence
of
petroleum
constituents
in
underground
storage
tanks
at
the
Facility
for
decades
after
the
cessation
of
active
use
by
the
Belvidere
District
constitutes
“abandonment” under Section 21(e) of the
Act.
415 ILCS
5/21(e).
45.
The School
District disposed,
stored,
and
abandoned waste
at a facility that
did
not
meet the requirements of the Act,
and the regulations and
standards thereunder,
in violation
of Section 21(e) of the Act.
WHEREFORE, MDI requests that the Board enter an order
as follows:
7
(a)
Require the
School
District
to
reimburse MDI
for
the
costs it incurred
removing the
underground storage
tanks
and
investigating
and
cleaning
up
petroleum
contaminated
soils at the Facility;
and
(b)
Order any other relief that the Board and
equity deem appropriate.
Respectfully
submitted,
MDI LIMITED PARTNERSHIP #42
By:____
One of its attorneys
Roy L.
Bernstein
Andrew Warren
SCHWARTZ & FREEMAN.
401
North Michigan Avenue
Suite
1900
Chicago, Illinois
60611
telephone (312) 222-0800
facsimile (312) 222-0818
Dated:
May
9,
2000
SUBMITTED ON
RECYCLED PAPER
8
217514_2 0503000416pm54193-6218
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
MAY
4
2000
STATE OF ILLINOIS
MDI LIMITED PARTNERSHIP
)
Pollution
Control Bcard
#42, an Illinois Partnership,
)
)
Complainant,
)
PCBNo.
____________
v.
)
)
REGIONAL BOARD OF
TRUSTEES
)
Citizen’s
Suit Enforcement Action
FOR BOONE AND WINNEBAGO
)
COUNTIES, in their official capacity,
and
)
BOARD
OF EDUCATION OF
)
BELVIDERE DISTRICT
100,
in their
)
official capacity,
)
)
Respondents.
)
PROOF OF SERVICE
I, the undersigned, on oath state that on May 4,
2000,
I served MDI Limited
Partnership #42’s Complaint
and Appearance of Counsel,
by
Certified Mail-Return Receipt
Requested, all proper postage paid, by depositing the same in the U.S.
Mail post box located at
401
N. Michigan Avenue,
Chicago,
Illinois, before 5:00 p.m.,
upon the following persons:
See Attached Notice List.
~t)
~
(Namer
Subscribed and
Sworn to
Before Me
this
_~
day of
,97at4~
,
2000.
Notary Publi~
L
L ~
SEAL
I~.
ROURICE
O~
~LL~I’IO~3
259677_i 050400 0956arn54193-6218
SERVICE LIST
Dorothy M.
Gunn, Clerk
IllinoisPollution Control Board
100West Randolph Street
Suite 11-500
Chicago, IL 60601
Dr. Richard Fairgrieves
Regional Superintendent
Regional Board of School Trustees
for Boone and Winnebago Counties
300 Heart Boulevard
Loves Park, IL
61111
Dr.
Richard
Sens
Superintendent of Schools
Belvidere School District
100
1201
Fifth Avenue
Belvidere, IL 61008
SUBMITTEDON RECYCLEDPAPER
259651_i 050300O400pm54193-6218

Back to top