BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
OF
THE STATE OF ILLiNOIS
MATHER INVESTMENT
PROPERTIES, L.L.C.,
)
Plaintiff,
)
)
Case No.
)
ILLINOIS
STATE TRAPSHOOTERS
)
ASSOCIATION, INC.,
)
)
Defendant.
)
NOTICE
OF FILING
To:
Mr. Richard Abrens
Mr. Fred Prillaman
Lewis, Rice & Fingersh
Mohan, Alewelt, Prillaman &
500 N. Broadway
Adami
Suite 2000
1 North Old State Capital
St. Louis, MO 63102-2147
Springfield,
IL 62701-1323
Mr. Edward Meyer
President, Illinois
State
Trapshooters Association
314 West Park Street
Edwardsville, IL 62025
PLEASE TAKENOTICE that I havetoday filed with the Office ofthe Clerkofthe Pollution
Control Board a Complaint, a copy ofwhich is herewith 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 ofthis 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.
b~
Dated this
____
day ofAugust,
2004.
Respectfully submitted,
MATHER INVESTMENT
PROPERTIES, L.L.C.,
PLAINTIFF
By:
~
-~~-T
One OfIts At~rneys
Printed on RecycledPaper
)
)
V.
AUG
172~9~
p~j~
COntrOl Board
S0448773.1
8/16/2004
CJN K.AV
1
PROOF
OF SERVICE
The undersigned hereby certifies that an original and ten copies ofthe foregoing document
were served by Federal Express to:
Dorothy Gunn, Clerk
Pollution Control Board
100
West Randolph Street
Suite 11-500
Chicago, IL
60601
and one copy ofthe foregoing document was served by placing same in aseaied envelope addressed
to:
Mr. Richard Ahrens
Lewis, Rice & Fingersh
500 N. Broadway
Suite 2000
St.
Louis, MO 63 102-2147
Via Certified Mail
Mr. Fred Prillaman
Mohan, Alewelt, Prillaman &
Adami
1 North Old State Capital
Springfield,
IL 62701-1323
Via Certified Mail
Mr. Edward Meyer
President, Illinois State
Trapshooters Association
314 West Park Street
Edwardsville, IL 62025
Via Certified Mail
and by depositing same in the United States mail in Springfield, Illinois, on the
____
day ofAugust,
2004,
with postage fully prepaid.
~
~
~2
Sorling, Northrup, Hanna
Cullen & Cochran, Ltd.
Charles J. Northrup, ofCounsel
Suite 800 Illinois Building
P.O. Box
5131
Springfield,
IL
62705
Telephone:
217.544.1144
Printed on Recycled Paper
S0448773.1
8/16/2004 CJN KAV
2
RECE~VED
CLERK’S OFFICE
AUG
172004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF ILLiNOIS
OF THE
STATE
OF
ILLiNOIS
Pollution Control Board
MATHER INVESTMENT
PROPERTIES, L.L.C.,
)
)
Plaintiff,
)
v.
)
CaseNo.
O~
)
ILLiNOIS STATE TRAPSFIOOTERS
)
ASSOCIATION, INC.,
)
)
Defendant.
)
COMPLAINT
NOW
COMES
Complainant
Mather
Investment
Properties,
L.L.C., an
Illinois
Limited
Liability Company, by and through its attorneys, Sorling, Northrup, Hanna, Cullen & Cochran, R.
Gerald Barns and Charles J. Northrup, ofcounsel, and for its Complaintagainst Respondent Illinois
Trapshooters Association, Inc., states as follows:
1.
Panther
Creek
Office
Park, LLC
(hereinafter PANTHER
CREEK)
is
an
Illinois
Limited Liability Company located in Springfield, Illinois.
2.
Mather Investment
Properties
LLC
(hereinafter MATHER)
is
an Illinois Limited
Liability Company located in Springfield, Illinois.
3.
Respondent
Illinois
State
Trapshooters
Association,
Inc.
(hereinafter
TRAPSHOOTERS) is an Illinois not-for-profit corporation.
4.
Onor aboutOctober 13, 1998 PANTHER CREEK entered into a contractto purchase
approximately 64 acres of real estate in
Sangamon County, Illinois
(hereinafter the PROPERTY)
from
TRAPSHOOTERS, located
southwest
of the
City of Springfield,
Illinois,
generally at the
Printed on Recycled Paper
S0447944.1
8/4/04
CJIN CJIN
1
intersection of Interstate 72
and
Illinois Route 4,
commonly known as 3006
Mathers Road,
and
legally described as:
The South
3.88
acres ofthe East Halfofthe Southeast Quarter of Section
13;
The Northeast
Quarter of the
Northeast
Quarter
of
Section
24;
EXCEPTING
THEREFROM a 0.102
acre tract conveyed to the
State of Illinois, Department of
Transportation, by Warranty Deed dated May 6,
1994, and recorded June 27, 1994
as Document No. 94-26746;
The South
3.91
acres of West Halfof the Southeast Quarter of said Section
13;
The Northwest Quarter ofNortheast Quarter of said Section 24; All in township
15
North, Range 6 West ofthe Third Principal meridian in Curran Township;
Situated in
Sangamon County, Illinois.
5.
On
or
about
August
24,
1999,
PANTHER
CREEK,
TRAPSHOOTERS
and
MATHER amended the contract and confirmed its assignment to MATHER.
6.
MATHER hasperformed all of its obligations under the contract and took titleto the
PROPERTY on September 28, 2000.
7.
At times known better by TRAPSHOOTERS, but since the
1930’s, an outdoor gun
shooting range, more recently known as the Mather Gun Club,
operated on the PROPERTY.
8.
At times known better by TRAPSHOOTERS, but at least between 1988 and
1998,
TRAPSHOOTERS owned the PROPERTY and operated it as an outdoor gun shooting range.
9.
During the TRAPSHOOTERS ownership and operation of the PROPERTY,
lead
shot, as well as broken clay targets, were discharged, deposited, and otherwise come to be located
on the PROPERTY as a result of activities at the outdoor gun shooting range.
10.
Prior
to
September,
1998,
TRAPSHOOTERS
had
been considering
selling
the
PROPERTYfor development and had stopped using the property as an outdoor shooting range.
Printed on
Recycled Paper
S0447944.1
8/4/04 ~Th1
cJN
2
11.
For over
a
decade
prior
to
September,
1998,
Trapshooters
intentionally left and
abandoned broken claytargets and lead shot in the soil and rented the propertyto be farmed and had
the land and clay targets tilled into the soil each year.
12.
Prior to
September, 1998 TRAPSHOOTERS retained an environmental consultant
to prepare a Phase I environmental assessment ofthe PROPERTY.
In September,
1998,
such an
environmental assessment was prepared.
Despite the use ofthe PROPERTY as a gun range for
approximately
more
than
50
years,
that
assessment
identified
no
“recognized
environmental
condition” associated with the PROPERTY.
13.
In orabout September, 1998, the Phase I environmental assessment identified above
in paragraph eleven was provided to MATHER as evidence ofthe environmental condition ofthe
PROPERTY.
14.
Based upon the representation in the TRAPSHOOTERS’ Phase
I environmental
assessment
that
there
were
no
“recognized
environmental
conditions”
at
the
PROPERTY,
MATHER,
as
noted
above
in
paragraph
eleven,
purchased
the
PROPERTY
for
commercial
development.
15.
On August
17, 2001, the Illinois Environmental Protection Agency sent a letter to
MATHER informing it that any development or construction on the PROPERTY would be a new
use of the PROPERTY, and taken in combination with the contamination resulting from activities
at
the
former
shooting
range,
could
pose
an
unacceptable
risk
to
human
health
and/or
the
environment.
(A true and
exact copy of the IEPA letter is attached as Exhibit
1.)
16.
Subsequent to receiptofthe August 17, 2001 letterfromthe Illinois EPA, MATHER
retained an independent and qualified environmental consultantto delineate the scope and extent of
Printed on
RecycledPaper
S0447944.1
8/4/04 CJN CIN
3
the presence oflead fragments, broken claytargets, and associated contamination, address concerns
with the Illinois EPA,
and develop a remedial plan for the PROPERTY.
To date, MATHER has
incurred costs to
this
consultant
(not including subcontractors
or analytical costs) in
excess of $
180,000.
17.
Subsequent
to
the
receipt of the
August
17,
2001
letter
from
the
Illinois
EPA,
MATHER’ S
environmental
consultant
identified
a
“shot
fall
zone”
across
the
length
of the
PROPERTY which containsleadfragments,broken claytargets, and associated contamination. This
“shot fall zone” represents approximately 30
acres ofthe entire
64 acre property.
18.
In or about July, 2002, and with the consent of the Illinois EPA, MATHER caused
and paid for the surface soil ofthe “shot fall zone” to be “mined” for leadresulting in the collection
of approximately
161,000
lbs
of lead
fragments.
The
cost of this
activity
was
approximately
$103,000.
Additional lead fragments and associated contamination remains on-site.
19.
In or about July, 2002, and at the requestofthe Illinois EPA, MATHER caused and
paid for the removal ofbroken clay targets on a portion ofthe PROPERTY.
The costofthis activity
was approximately $ 30,000.
Additional broken clay targets may remain on-site.
20.
As ofthe filing ofthis Complaint, no developmentofany kind hastaken place on the
PROPERTY.
COUNT
I
(415 ILCS 5/21(e)
-
Waste Abandonment)
1-20.
Complainant herebyrealleges and restates the allegations-ofparagraphsroneithrough
15
of the General Allegations above as paragraphs one through
15
ofthis Count I.
21.
Section 21(e) of the Act provides that:
Printed on
Recycled Paper
S0447944.1
8/4/04 CJN CJN
4
No person shall:
(e)
Dispose, treat,
store or abandon any waste, or transport any
waste intothis State fordisposal, treatment, storage orabandonment,
except at a site or facility which meets the requirements of this Act
and of regulations
and standards thereunder.
415
ILCS
5/21(e).
22.
By
not
using
the
property
as
an
outdoor
shooting range
and/or transferring the
PROPERTY to
MATHER as described
above
in
paragraphs four and
five,
TRAPSHOOTERS
abandoned the lead fragments, broken clay targets, and associated
contamination existing on the
PROPERTY.
23.
Section
3.53
ofthe Act defines “waste” as follows:
“WASTE” means any garbage, sludge from a waste treatment plant,
watersupply
treatment plant, orairpollution controlfacility or other
discarded material,
including
solid, liquid,
semi-solid
or contained
gaseous material resulting from industrial,
commercial, mining and
agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic
sewage,
or solid or
dissolved materials in irrigationreturn flows, or coal combustion by-
products asdefinedin Section 3.94, or industrial discharges which are
point sources subject to
permits under
Section 402
of the Federal
Water Pollution Control Act, as noworhereafter amended, or source,
special
nuclear, or by-product materials
as defined by
the
Atomic
Energy Act
of
1954,
as
amended
(68
Stat.
921)
or
any
solid
or
discharged material
from
any
facility
subject
to
Federal
Surface
Mining
Control
and
Reclamation
Act
of
1977
or
the
rules
and
regulations thereunder orany law orrule orregulation adoptedby the
State of Illinois pursuant thereto.
24.
The lead
fragments,
broken
clay targets, and
associated
contamination currently
existing on the PROPERTY, and existing at the time ofthe transfer ofthe PROPERTY,
constitute
“waste.”
25.
At
the time the TRAPSHOOTERS
abandoned the waste
at the PROPERTY, the
Printed on Recycled Paper
S0447944.1
8/4/04 CJN CJN
5
PROPERTY was not permitted by theIllinois EPA as a waste disposal, treatment or storage site and
thus did not meet any requirements ofthe Act or regulations or standard promulgated thereunder.
WHEREFORE, forthe abovereasons, Complainant MATHER respectfullyrequests that this
Board enter an Order on this Count I declaring, adjudging and decreeing as follows:
(a)
That
Respondent
TRAPSHOOTERS
violated
Section
21(e)
of
the
Illinois
Environmental Protection Act (415 ILCS
5/21(e));
(b)
That
pursuant
to
Section
42(a)
of the
Illinois
Environmental
Protection
Act
Respondent TRAPSHOOTERS
shall pay a civil penalty of$50,000 for each such violation;
(c)
That
pursuant
to
Section
42(a)
of the
Illinois
Environmental
Protection
Act
Respondent TRAPSHOOTERS shall pay an additional civil penalty of$ 10,000 per day during which
such violation continued;
(d)
ThatRespondentTRAPSHOOTERS shallcease and desist from all further violations
the
Illinois
Environmental
Protection Act,
and
shall remediate
any
lead fragments, broken
clay
targets, and
associated
contamination remaining
on the property to
levels appropriate under
the
Illinois Environmental Protection Act but no less stringent than TACO Tier One Residential
Site
Remediation Objectives as referenced in 35 Ill.Adm. Code Part 742;
(e)
ThatRespondent TRAPSHOOTERS shalltake any otherremedial action in response
to the presence oflead fragments, broken claytargets, and associated contamination that this Board
deems reasonable and appropriate;
(0
That
Respondent
shall
reimburse
MATHER
for
all
remedial
action
costs
that
MATHER has incurred or will
incur as a result of the lead fragments, broken
clay targets, and
associated
contamination, on the property including but not limited to:
Printed on Recycled Paper
S0447944.1
8/4/04 CJN CIN
6
(i)
costs of investigation;
(ii)
costs of soil removal and disposal;
(iii)
costs ofprior lead “mining” and other remedial actions;
(iv)
costs of any future monitoring or remediation if necessary.
(g)
That Complainant MATHERshallbe entitled to recover all otherreliefthatthe Board
deemsjust and proper in this case.
Respectfully submitted,
MATHER INVESTMENT
PROPERTIES, L.L.C., PLAINTIFF
By:
~
~~—T
___
One OfIts A~orneys
Sorling, Northrup, Hanna
Cullen & Cochran,
Ltd.
Charles J. Northrup, of Counsel
Suite 800 Illinois Building
P.O.
Box 5131
Springfield,
IL
62705
Telephone:
217.544.1144
Printed on
Recycled Paper
S0447944.
1
8/4/04 CJN CJIN
7
PROOF OF SERVICE
The undersigned hereby certifies that an original and ten copies ofthe foregoing document
was served by Federal Express placing same in a sealed envelope addressed:
Dorothy M Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, Il. 60601
and one
copy of the foregoing document was
served
by certified mail
placing same
in a sealed
envelope addressed to:
Mr. Richard Ahrens
Lewis,
Rice & Fingersh
500 N. Broadway
Suite 2000
St. Louis, MO
63 102-2147
Via Certified Mail
Mr. FredPrillaman
Mohan, Alewelt, Prillaman &
Adami
1
North Old
State Capital
Springfield, IL 62701-1323
Via Certified Mail
Mr. Edward Meyer
President, Illinois
State
Trapshooters Association
314
West Park Street
Edwardsville, IL 62025
Via Certified Mail
and by depositing same in the United States mail in Springfield, Illinois, on the
____
day ofAugust,
2004, with postage fully prepaid.
—::~
—.---~
—
Printed on Recycled Paper
S0447944.1
8/4/04 CJN CJIN
8
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NoRTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
217/785-9407
THOMAS
V.
SKINNER,
DIRECTOR
August
17, 2001
Mr. Leonard W. Sapp, Managing Partner
Mather Investment Properties, LLC
1999 West Wabash Avenue
Springfield, Illinois 62704
Re:
1671205736
—
Sangamon County
Mather Gun Club
(Mather Investment Properties)
General Correspondence
DearMr. Sapp:
The purpose .of this letter is to offer compliance assistance and perspective from the Illinois
Environmental Protection Agency (“illinois EPA”) on the future redevelopment of the Mather
Gun Club and associated properties in Springfield, Illinois.
On June 19,
2001, the Springfield
City Council passed two ordinances (Ordinance Numbers 343-06-01 and 344-06-01) regarding
the annexation and zoning of the subject properties.
Additionally, the Illinois EPA has been
contacted by the public
regarding potential heavy metal (primarily lead and arsenic) and
polynuclear aromatic hydrocarbon (“PNA” or “PAH”) contamination at the Mather Gun Club
property due to the former use of the property as a trap and skeet shooting range.
If there are contaminants present at the site, there is the potential for the establishment of new or
the exacerbation of existing contaminant exposure pathways during and after the redevelopment
of the property which pose an unacceptable risk to human health and/or the environment.
Be
advised that if there is contamination present at the site that poses an unacceptable risk to human
health or the environment or if the redevelopment of the site creates
new exposure pathways that
allows contamination at the site to
pose an unacceptable risk to human health or the environment,
all past, present and future owners of the property may be subject to liability pursuant to the
Illinois Environmental Protection Act
(415 ILCS 5/1
et seq.) and/or the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA or
Superfund).
Please understand that the Illinois EPA has not inspected the property, but that this
letteris based on
Illinois EPA’ s past experiences with the redevelopment of former shooting
ranges.
It is based on these experiences that we offer the following discussion:
IT
GEORGE
H.
RYAN, GOVERNOR
~
24
200!
PRINTED ON
RECYCLED
PAPER
August 17, 2001
Letter to Mr. Leonard W. Sapp
Regarding the Redevelopment of the Former Mather Gun Club
Page
2 of 3
What activities or actions need to be conducted prior to transfer and redevelopment ofthe
site?
The Illinois EPA recommends that a Phase
1
(and potentially a Phase 2) Environmental
Assessment be conducted prior to any transfer ofthe property.
The purpose ofthis assessment is
to identify
any potential environmental problems to both the purchaser and seller.
If there is contamination identified at the site, from either the past use as a trap and skeet range or
some other use, the current owner or future owner may choose to
address the contamination on
a
voluntary basis through the Illinois Site Remediation
Program (“SRP”).
Upon completion
ofthis
process, the site would be issued a “No Further Remediation” (“NFR”) letter that would be filed
with the County Recorder.
It is recommended that if new facilities
are to be constructed, these
facilities be constructed in areas that have been addressed through the SRP.
This insures that
new or different users ofthe property do not have exposure to unacceptable risks from any
contamination.
Regarding any potential lead contamination at the site, typically, owners and/or operators of
shooting ranges and trap, skeet and shooting sports clubs periodically mine the projectile
backstops and shot fall zones to recover the metal values present (primarily lead) as scrap metal.
Any residual contamination resulting from the operation of the shooting range would typically be
addressed
at the end ofthe operation of the facility on a voluntary basis.
What permits
and application forms need to be completed and where can these be
acquired?
With regard to the potential environmental remediation at the site, forms for enrollment in the
SRP are available from the Illinois EPA or from the illinois EPA SRP web site at
“http://www.epa.state.il.us/land/site-remediation/index.html”.
At this
web site, it is possible to
download the three PDF forms that are necessary for enrollment into the SRP.
Some ofthe
potentially necessary remedial activities may need permits,
but most do not.
Specific questions
can be addressed during the planning for any remedial activities based on the types of activities
needed.
Presently and historically, no State or Federal environmental permits are required for rifle and
pistol ranges, skeet, trap and shooting sports ranges as long as the shooting exercises do not
impact environmentally sensitive areas, and are not into or over waters of the State ofIllinois
including any
wetlands.
This is consistent with federal court cases considering whether federal
environmental regulatory requirements apply to shooting ranges.
See
Connecticut Coastal
Fishermen’sAssoc.
v. RemingtonArms
Co.,
989 F.2d 1305 (2d Cir.1993);
Long Island
SoundkeeperFund v. New
YorkAthietic Club,
1996 WL 131863 (S.D.N.Y.); and,
Stone v.
Naperville Park District, et a!.,
38 F. Supp. 2d 651
(N.D. Ill. 1999).
August
17, 2001
Letter to Mr. Leonard W. Sapp
Regarding the Redevelopment of the Former Mather Gun Club
Page
3 of 3
However, the Illinois EPA would like to emphasize that even though no environmental permits
were or are generally required for the operation of a shooting range, environmental permits may
be required for such activities
as moving contaminated soil
to other parts of the site, creating
piles of contaminated soils, and moving contaminated soils off site.
It is important to note that if,
during the change in land use from a firearms range to some other use, a situation develops
which
presents an uncontrolled risk to human health orthe environment, the illinois EPA does
have the authority to order or compel the responsible party to conduct the necessary
environmental remediation and seek cost recovery from the responsible parties.
It is
suggested
that you contact the Illinois EPA before performing any ofthese activities.
What is the
name and phone number of the
contact
person at the illinois EPA who
would
be
responsible
for monitoring this project’s completion?
A project manager would be assigned to the project when/if the site is enrolled in the
SRP.
If you should have any additional questions regarding this matter, or wish to discuss any of these
issues further, please contact me at 217/785-9407.
For additional information regarding the
illinois EPA’s Voluntary Site Remediation Program, please contact Lawrence W. Eastep, P.E.,
Manager of the Bureau of Land’s Remedial Project Management Section at 217/782-9802.
For
additional information regarding lead contamination issues at shooting ranges, please contact
Clarence L. Smith, Manager of the Bureau ofLand’s Federal Site Remediation Section at
217/524-1655.
Respectfully,
~
William C.
Child, Chief
Bureau of Land
cc:
Mr. Chris Danos
Wal-Mart Stores, Inc.
2001 Southeast
10th1
Street
Bentonville, Arkansas 72716-0550
