RECE~VED
CLERKS OFFICE
SEP 02 2004
STATEOFILUNOIS
PoHution Control Board
OFFICE OF THE A~ITORNEYGENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
August 30, 2004
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Roger Kuberski, d/b/a Mount Vernon Quality Times, Inc.
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING,
COMPLAINT and APPEARANCE in regard to the above-captioned matter. Pleasefile the originals
and return file-stamped copies of the documents to our office in the enclosed self-addressed,
stamped envelope.
Thank you for your cooperation and consideration.
Very truly yours,
ennifer onkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JB/pp
Enclosures
500 South Second Street.
Springfield, Illinois 62706
• (217) 782-1090 •
1’1’\: (217) 785—2771
•
Fax:
(217)
782-7046
100 \\‘est
Randolph
Street,
Chicago,
Illinois 60601 • (512) 814—3000 • ‘1”fl6 (312) 814—3374 • Fax: (312)
8(4—38(16
1001 I ~r \l in I rhojul 6. lllinoi~ 03901
(61 ~(
9
640(1
I
I’ (61~)~)
6403
1 ix (618) ‘9 6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ERKS OFF~
PEOPLE OF THE STATE OF
)
SEP 02
2004
ILLINOIS,
)
POII~ttSTATE0ti-OFControjlLLINc~,s
~o~rc~
-
Complainant,
vs.
)
PCBNo.
)
(Enforcement)
ROGER KUBERSKI,
dlbla
)
MOUNT VERNON QUALITY TIMES, INC.,
Respondent.
NOTICE OF FILING
To:
Roger Kuberski
d/b/a Mount Vernon Quality times, Inc.
9746 E. Illinois Highway 15
Mt. Vernon, IL 62864
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
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 this 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.
-
1~1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2002), to correct the pollution alleged in
the Complaint filed in this case.
Respecifully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigati1~nDivision
BY: Ji~1~
JENNIFER BONKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August 30, 2004
2
CERTIFICATE OF SERVICE
I hereby certify that I did on August 30, 2004, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT:
To:
Roger Kuberski
d/b/a Mount Vernon Quality times, Inc.
9746 E. Illinois Highway 15
Mt. Vernon, IL 62864
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
(J~’nnifer
J/J~4J~
Bo~(kowski
L~LL
~Assistant Aftorney General
This filing is submitted on recycled paper
RECE~VED
CLERK’S OFFICE
SEP 02 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
v.
)
PCBNO.
)
(Enforcement)
ROGERKUBERSKI,d/b/a
MOUNT VERNON QUALITY TIMES, INC.
)
Respondent.
APPEARANCE
I, JENNIFER BONKOWSKI, Assistant
Attorney General of the State of Illinois, hereby
file my appearance in this proceeding on behalf of the Complainant, PEOPLE OF THE STATE
OF ILLINOIS.
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental EnforcementlMbestos
Litigation Division
BY:jj44(,tl~4C?7
A~KY1t~
NNIFER/~ONKOWSKI,
ssistant Attorney General
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:________
REC~V~’.D
CLERK’S OFFIC~
SEP 02 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE OF ILU’~JO,S
Pollution
Control
Bc,arcl
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCBNO.V
)
(Enforcement)
ROGER KUBERSKI,
dlbla
)
MOUNT VERNON QUALITY TIMES, INC.
)
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, ROGER KUBERSKI, d/b/a MOUNT
VERNON QUALITY TIMES, INC. (“QUALITY TIMES”) as follows:
COUNT I
OPERATION WITHOUT AN NPDES PERMiT
1.
This Complaint is brought by the Attorney General 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”), 4t’5 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.
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002), after providing the Respondent with notice and opportunity for a meeting with the Illinois
EPA.
4.
Section 12 of the Act, 415 ILCS 5/12 (2002), provides, in pertinent part, 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.
***
5.
The Respondent is a “person” as that term is defined under Section 3.315 of the
Act, 415 ILCS 5/3.315 (2002), as follows:
“Person” is any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust,
estate, political subdivision, state agency, or any other legal entity,
ortheir legal representative, agency or assigns.
6.
Harper Creek is a “water” of the State as defined under Section
3.550 of the Act, 415 ILCS 5/3.550 (2002), as follows:
“Waters” means all accumulation 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.
7.
Section 309.104(a) of the Board’s Water Pollution Regulations, 35 III. Adm. Code
309.104(a), provides that:
Any permittee who wishes to continue to discharge after the
expiration date of his NPDES Permit shall apply for reissuance of
the permit not less than 180 days prior to the expiration date of
the permit.
-2-
8.
At all times relevant to this Complaint, Respondent, Roger Kuberski, has owned
and managed a recreation vehicle park on Illinois State Route 15, in Jefferson County, Illinois.
9.
The facility has a total of 44 camping/trailer sites, with electricity supplied to 33
sites. The community building contains toilets and a laundry with two washers and two dryers.
The wasterwater treatment plant consists of an lmhoff tank, sand filter, and effluent
chlorination, with discharge to Harper Creek, except for in the winter (off-season) months.
10.
Quality Times, an Illinois corporation incorporated on March 17, 1995, and
involuntarily dissolved on August 2, 1999, and to which Roger Kuberski served as Agent and
President, operated under NPDES Permit No. 1L0051063, issued on September 15, 1997.
11.
Said NPDES Permit expired on September 30, 2002. Respondent Kuberski did.
not at that time apply, for reissuance of the NPDES Permit, notwithstanding the fact that he
continued to own, manage, and operate the recreation vehicle park and its wastewater
-
treatment plant.
12.
On August 10, 2003, Respondent Kuberski submitted an application to renew
the NPDES permit.
13.
By failing to apply for reissuance of the NPDES permit prior to its expiration
date, Respondent Kuberski violated Section 309.104(a) of the Board’s Water Pollution
Regulations, 35 III. Adm. Code 309.104(a).
14.
By violating Section 309.104(a) of the Board’s Water Pollution Regulations, 35
Ill. Adm. Code 309.104(a), and by continuing to operate the recreation vehicle park after
September 30, 2002, without a current NPDES permit, Kuberski caused, threatened, or allowed
the discharge of contaminants into the environment without an NPDES permit, and in doing so,
violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2002).
-3-
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, ROGER KUBERSKI:
A.
Authorizing a hearing in this matter at which time the Rcspondent will be
required to answer the allegations herein;
B.
Finding that Respondent, ROGER KUBERSKI has violated the Act and
regulations as alleged herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose upon the
Respondents a monetary penalty of not more than the statutory maximum;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable attorney fees; and
E.
Grant such other and further relief as the Board deems appropriate.
COUNT II
REPORTING VIOLATIONS
1-6.
Complainant realleges and incorporates herein paragraphs I through 6 of Count
I as paragraphs 1 through 6 of this Count II.
7.
Special Condition 9 of Respondent’s NPDES Permit states the following:
The Permittee shall record monitoring results on
Discharge Monitoring Report Forms using one such form
for each outfall each month.
8-10. Complainant realleges and incorporates herein paragraphs 8
through 10 of Count las paragraphs 8 through 10 of this Count II.
11.
The Respondent failed to submit Discharge Monitoring Reports (DMRs) for the
following months of operation: March through August of 2002.
12.
By violating Special Condition 9 of the NPDES Permit, Kuberski caused,
-4-
threatened or allowed the discharge of any contaminant into the waters of the State in violation
of any term or condition imposed by such NPDESI permit, and in doing so, violated Section
12(f) of the Act, 415 ILCS 5/12(f) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, ROGER KUBERSKI:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent, ROGER KUBERSKI has violated the Act and
regulations as alleged herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose upon the
Respondents a monetary penalty of not more than the statutory maximum;
D.
Pursuant to Section 42(f) of the Act; 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable’ attorney fees; and
E.
Grant such other and further relief as the Board deems appropriate.
COUNT III
EFFLUENT VIOLATIONS
1-6. . Complainant realleges and incorporates herein paragraphs 1 through 6 of Count
I as paragraphs 1 through 6 of this Count Ill.
7.
Section 304.141 of the Board’s Water Pollution Regulations, 35 III. Adm. Code
304.141, provides, in pertinent part, as follows:
NPDES Effluent Standards
a.
No person to whom an NPDES Permit has been issued
may discharge any contaminant in his effluent in excess of
the standards and limitations for that contaminant which
-5-
are set forth in his permit.
8.
Section 309.102 of the Board’s Water Pollution Regulations, 35 III. Adm. Code
309.102, provides, in pertinent part, as follows:
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.
9.
Illinois is a State with delegated responsibility to enforce the Clean Water Act (33
U.S.C. 1251 ~
(1993)) and its regulations. The Illinois EPA, pursuant to Section 39(b) of
the Act, 415 ILCS 5/39(b) (2002), may issue NPDES permits containing effluent limitations for
the discharge of contaminants into navigable waters on behalf of’the State of Illinois. The
Illinois EPA is also charged with the duty to enforce and abate violations of the NPDES permit
program.
10-12. Complainant realleges and incorporates herein paragraphs 8 through 10 of
Count las paragraphs 10 through 12 of this Count III.
13.
NPDES Permit No. 1L0051063 established the following limitations:
Concentration Limit (mg/I)
Parameter
Monthly ~
Daily Max.
CBOD5
10.0
20.0
Total Suspended Solids
12.0
24.0
Ammonia Nitrogen
April-May/Sept.-Oct.
4.1
14.7
June - August
2.9
14.7
Nov. - Feb.
4.0
12.4
March
4.0
12.4
-6-
Parameter
Concentration Limit
pH
6.0 (mm.) 9.0 (max.)
Dissolved Oxygen
Not less than 6 mg/I
14.
DMRs for April through June, and September of 2001; October 2002; and June
through October of 2003 show that the Respondent discharged effluent beyond that permitted
in its NPDES Permit, as the following table depicts (underlined numbers represent those
beyond permitted limits):
Total Suspended Solids
CBOD5
Ammonia Nitrogen
(mg/I)
(mg/I)
(mg/I)
Date
Mo. Avg.
D. Max.
Mo. Avg.
D. Max.
Mo. Avg.
D. Max.
4/01
,1~
16
4
4
2.15
2.15
5/01
20
8
8
.
1.68
1.68
6/01
—_‘21
5
.
5
3.1
3.1
9/01
.
16
16
2.6
2.6
10/02__—
,1~
19
5
5
3.0
3.0
6/03
16
16
9
9
1.5
1.5
7/03
62
62
3
3
1~6
12.6
8/03
4,1
4,1
5
5
3.87
3.87
9/03
.
9
9
6.2
10/03
10
10
7.5
7.5
15.
During, but not limited to; April through June, and September of 2001; October
2002; and June through October of 2003, the Respondent discharged effluent which exceeded
the limits set forth in its NPDES Permit for total suspended solids, CBOD5, and Ammonia
Nitrogen, as evidenced by information reported on the DMRs.
16.
By causing or allowing discharges of total suspended solids, CBOD5, and
Ammonia Nitrogen in excess of permitted limitations, the Respondent has violated Section 12(f)
-7-
of the Act, 415 ILCS 5/12(f) (2002), 35111. Adm. Code 304.141(a) and 309.102, and NPDES
Permit No. 1L0051063.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, ROGER KUBERSKI:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent, ROGER KUBERSKI has violated the Act and
regulations as alleged herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose upon the
Respondents a monetary penalty of not more than the statutory maximum;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable attorney fees; and
E.
Grant such other and further relief as the Board deems appropriate.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:_____________________
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
Jennifer Bonkowski
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
•-Y /30/cl
~/
-8-
