1. NOTICE OF FILING
      2. a. Erosion and Sediment Controls.
      3. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN302004
PEOPLE OF THE STATE OF ILLINOIS
)
)
~TE
OF
ILLINOI
Complainant,
)
PollUtion
Control Board
v.
)
No.
04-
ROGERS
DEVELOPMENT
COMPANY
an
Illinois~
Corporation,
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on June
30, 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 an attorney.
Respectfully submitted,
LISA M~DIGAN
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
Mr.
Patrick
W.
Hayes,
Esq.
Guyer &
Enichen
2601 Reid Farm Road
Rockford.,
IL 61114
Mr. Charles Gunnarson,
Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois
62702
REc
E ~V ED
BEFORE THE ILLINOIS
POLLUTION CONTROL BOAR~LERK’SOFFICE
PEOPLE OF THE STATE
OF’ ILLINOIS
)
JUN 3~20C4
Complainant,
‘
)
PoHut~onCor~3~d
v.
)
No.
04-
ROGERS DEVELOPMENT COMPANY
an Illinois Corporation,
Respondent.
COMPLAINT FOR CIVIL PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General
of the State of Illinois,
complains of
Respondent ROGERS DEVELOPMENT COMPANY, as follows:
COT~TI
VIOLATIONS
OF NPDES PERMIT
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”)
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 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 duty of enforcing the Act.
1
3.
At all times relevant to this complaint,
Respondent
Rogers Development Company was and is an Illinois corporation in
good standing.
4.
Respondent
is a developer of residential homes at the
Lyford Oaks subdivision,
located on the west side of Lyford Road
north of State Street in Rockford, Winnebago County,
Illinois
(“Site”)
The Site
is adjacent to a tributary of Manning Creek.’
5.
On April
9,
2003,
there was erosion of loose
dirt,
silt,
and poor to nonexistent erosion control measures at the
Site.
Specifically, Respondent had stored large stockpiles of
soil along the western side of the Site on a downward slbpe
toward a tributary of Manning Creek.
The piles buried silt
fencing that had been installed at that part of the Site.
Sheet
erosion and/or grading activities buried other silt fencing on
the western side of the Site.
In addition,
spoil had been placed
on or near Trowbrid~eRoad at the Site without any erosion
controls.
‘
‘
‘
‘
‘
6..
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
L
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.
7..
Respondent
is a person as that term is defined at 415
ILCS 5/3 315
(2002)
2
‘
8.
Section 3.165 of the Act, 415ILCS 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.
9.
Silt,
loose dirt,
and spoil are “contaminants”
as that
term is defined in Section 3.165 of the Act.
10.
Section 3.550
of the Act,
415 ILCS 5/3.550
(2002),
contains 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.
11.
The tributary of Manning Creek adjacent to the Site is
H
a “water” of the State of Illinois,
as that term is defined in
Section 3.550 of the Act,
415 ILCS5/3.550
(2002).
12.
Subsection
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
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 regulationsadopted by the Board
or any order adopted by the Board with respect to
the.NPDES p1ogram.
3
13.
On December 12,
2001’,
pursuant to Respondent’s
application,
Illinois EPA granted Respondent coverage under the
general National Pollutant Discharge Elimination System
(NPDES)
Storm Water Permit for construbtion site activities effective
until May 31,
2003.
14.
Respondent’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)
*
‘‘
*
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:
‘~
‘
4
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
.
15.
Respondent failed to install adequate storm water
controls at its Site,
and failed to make improvements to those
controls when excessive erosion was evident,
as required by its
NPDES Permit.
.
‘
16.
By failing to install adequate storm water controls and
implement improvements when excessive erosion was evident,
Respondent violated the terms of its NPDES Permit
By violating
the terms of its NPDES permit,, Respondent. is in violation of
Subsection 12(f)
of the ‘Act,
415 ILCS 5/12(f)
(2002).
WHEREFORE,
Complainant,
PEOPLE OF THE’ STATE OF ILLINOIS,
respectfully requests ~hat the Board enter an order against
Respondent ROGERS DEVELOPMENT COMPANY,
for the following relief:
1.
Authorize a hearing in this matter at which time
5
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated’ Subsection 12 (f) ‘of
the Act,
415. ILCS 5/12(f)
(2002);
3.
Order Respondent to cease and desist from any further
violations of Subsection 12(f)
of the Act;
4.
Assess against ‘Respondent a civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day each violation of the
Act ‘occurred;
.
5.
Order Respondent to pay all costs, pursuant to
Subsection 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
‘
‘
6.
‘
Grant such other relief as the Board deems appropriate
and just.
‘
.
‘
6
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
exrel.
LISA
MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J. DUNN,
‘Chief
Environmental Enforcement/Asbestos
Divi(çion
BY:____
Assistant Attorney General
OF COUNSEL:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
‘
188 West Randolph, ~
Floor
Chicago,
IL 60601
312-814-6986
‘
‘
G:\Environmental Eriforcernent\YOEL\Case Documents\Rogers\’complaint-final .wpd
7
CERTIFICATE OF SERVICE
I. JOEL J.
STERNSTEIN,
an
Assistant Attorney General,
certify that on the 30th 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.
~~ai
JOEL J. STERNSTEIN

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