CLER~$
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
2320134
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCE No.
04
-
(Enforcement
-
Water)
PRAIRIE
LANE
DEVELOPMENT, L.L.C.,
an Illinois corporation,
Respondent.
NOTICE OF FILING
TO:
See Attached Service List.
PLEASE TAKE NOTICE that on June 23,
2004,
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 ar~attorney.
Respectfully submitted,
LISA
MADIGAN
Attorney General
State of Illinois
BY:
(~J
A
istant Attorney General
nvironmental Bureau
188 W. Randolph Street,
Suite 2001
Chicago,
Illinois
60601
(312)
814-0609
THIS FILING
IS SUBMITTED
ON RECYCLED PAPER
SERVICE LIST
Oirtis R
Tobin,
II
Tobin& Ramon
530 South State Street,
Suite 200
Belvidere,
Illinois 61008
Charles Gunnarson
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
H
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
STATE
OFILLINO
PEOPLE OF THE STATE OF ILLINOIS,
)
PoIIutjo~
ControJ~
Complainant,
v.
)
PCB No.
04-
(Enforcement
-
Water)
PRAIRIE
LANE
DEVELOPMENT,
L.L.C.,
an Illinois corporation,
Respondent.
COMPLAINT FOR INJUNCTIVE
RELIEF AND CIVIL PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General of the State of Illinois,
complains of
Respondent,
PRAIRIE
LANE
DEVELOPMENT,
L.L.C.
(“Prairie”),
as
follows:
COU~TI
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”),
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.
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
alia,
with the dutyof enforcing the Act.
This Count
is brought
pu~suantto Section 31 of the Act,
415 ILCS 5/31
(2002).
3...
At all times relevant to this Complaint,
Prairie was
and is an Illinois limited liability corporation registered in
good standing with the Illinois Secretary’ of State’s office.
4.
Prairie is developing 72.6 acres subdivided into
57 residential home lots known as the Prairie Lane Subdivision.’
The property is located at the corner of Dawson Lake Road and
Caledonia Road, Village of Timberlane,
Boone County,
Illinois
(“Site”)
.
‘
.‘
.
5.
On May 23, 20b3,
the Illinois EPA inspected the Site.
There were disturbed areas
at 3573 and 3561 Prairie Road at the
Site containing no erosion control structures to protect unstable
surfaces from eroding.
A drainage ditch running between 3569’and
3581 Prairie Road contained noticeable siltation from erosion and
a roadside ditch across from 3569 Prairie Road also contained
excessive siltation and was bordered by disturbed areas
containing no erosion control
structures,.
.
6.
The two drainage ditches,
referel-iced above,
lead to
Boone Lake,
a private sportsmen’s
lake.
.
7.
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,
2
safety or weltare, or to domestic,
commercial,
industrial,
agricultural, recreational,
or other
legitimate uses,
or to livestock, wild animals,
birds,
fish,
or other aquatic life.
8.
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.
9.
Respondent Prairie is
a “person”
as that term is
defined’ in 415.ILCS 5/3.315
(2002).
10.
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.
11.
Silt and loose dirt are “contaminants” as that term is
defined in 415 ILCS 5/3.165
(2002).
12.
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 this
State.
‘
.
.
.
13.
The drainage ditches which flow into Boone Lake and
Boone Lake itself are “waters” as that term is defined in 415
ILCS 5/3.550
(2002)
.
‘
‘
‘
14.
Section 12(a)
of the Act, 415 ILCS 5/12(a) (2002),
3
‘
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.
15.
By allowing unstabilized areas to remain unprotected
from erosion by runoff control structures, thereby causing,
threatening and allowing silt-laden stormwater’ runoff,
Prairie
caused, threatened 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,
PRAIRIE LANE DEVELOPMENT, ‘L.L.C.,.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 I~CS5/12 (a) (2002)
;
.
3.
Order Respondent to cease and desist from any further
violations ‘of ‘Section’ 12 (a)
of the Act, 415 ILCS 5/12 (a) (2002)
;
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
‘
5.
Assess against the Respondent
a civil penalty of Fifty
4
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 of violation;
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
II’
WATER POLLUTION HAZARD
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(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
place and manner so as to create a water pollution
hazard.
‘
‘
.
15.
By depositing contaminants on the land in such place
and manner as to create a water pollution hazard to waters of the
State,
Prairie
is in violation of Section 12(d)
of the Act, 415
ILCS 5/12(d) (2002)
.
.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
5
respectfully requests that the Board enter an order against
Respondent,
PRAIRIE
LANE
DEVELOPMENT, L.L.C.,
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 Secti~n12(d)
of the
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, 415 ILCS 5/12(d) (2002);
4.
Order Respondent to remediate the environmental ‘damage
caused to the waters of the State of Illinois;
5.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each’ violation of the Actand
Board. regulations, and an additional civil penalty of Ten’
Thousand Dollars
($10,000.00)
for each day of violation;
6.
Order Respondent to pay all costs, pursuant to Section
42(f) ‘of the Act, 415 ILCS 5/42(f) (2002),
inc,uding 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 NATIONAL POLLUTANT DISCHARGE
ELIMINATION
SYSTEM PERMIT’
1-13.
Complainant realleges arid.incorporates by
6
•
P
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 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
violation of any regulations adopted by the Board
or of any order adopted by the Board with respect
to the NPDES program.
15. ‘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.
16.
Pursuànt to 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),
Respondent
is required to obtain coverage under the general National
Pollutant Discharge Elimination System (“NPDES”)
stormwater
7
permit
for construction site activities
(“general NPDES.
stormwater permit”)
.
Pursuant to the terms of the general NPDES
stormwater permit, Respondent was to have applied for coverage
under the permit no later than thirty
(30) days prior to
initiating construction activities at the Site.
17.
Prairie had not obtained coverage under the general
stormwater NPDES permit for the Site when the Illinois EPA
inspected the Site on May 23,
2003.
18.
By performing construction activities
at the Site
without first obtaining coverage under the general NPDES storm
water permit and thereby causing, threatening or allowing the
deposit of contaminants into waters of the State,
Prairie
violated Section 12 (f)
of the Act, 415 ILCS 5/12 (f) (2002)
,
and
Section 309.102(a)
of the Board’s Water Pollution ~egu1ations.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
PRAIRIE LANE DEVELOPMENT,
L’.L.C.,
for the following
relief:
‘
..
.
1.
Authorize a he’aring in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated 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);
.
‘.
.
.
.
8
3.
Order Respondent to cease and desist from any ‘further
violations 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);
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against the Respondent
a civil penalty of Ten
Thousand Dollars
($10,000.00) per day for each violation;
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
9
7.
Grant such other relief as the Board deems appropriate
and just.
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:
R6SE~’IARIE c~Z~A~J,
ChT f’~~-~
Envif~rri~ntalBureau
Assistant Attorney General
Of Counsel:
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
Suite 2001
Chicago,
Illinois 60601
(312)
814-0609
10
CERTIFICATE
OF SERVICE
I, JENNIFER A.
TOMAS,
an Assistant Attorney General, certify
that on the 231~~
day of.June 2004,
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.
