September 14, 2004
RECEIVED
CLERK’S OFFICE
SEP
15
2004
STATE OF ILLINOIS
Pollution Control Boarci
The Honorable
Dorothy Gunn
Illinois Pollution Control
Board
James R.
Thompson Center,
Ste.
11-500
100
West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Safe Lock Self Storage,
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.
Please file 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.
DDH/pp
Enclosures
500 South
Second
Street, Springfield,
lllinots
62706
•
(217)
782-1090
•
TTY: (217)
785-2771
•
Fax:
(217)
782-7046
100
\Vest
Randolph
Street,
(hic:igo.
Illinois
60601
•
(312) 814—3001)
•
1’FY:
(312)
814—3374
•
Fax: (312)
814—3806
1001
East
NOOn.
Carhondale,
Illinois
62901
•
NIh)
529—640))
•
‘I’ll:
(61$) 529—6403
•
Fax: (61$)
529—6416
Lisa Madigan
ATTORNEY GENERAL
OFFICE
OF THE A’TTORNEY GENERAL
STATE OF ILLINOIS
Delbert
0.
Haschemeyer
Environmental Bureau
500 South
Second Street
Sprirlgfield,
Illinois 62706
(217) 782-9031
RECEIVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
-
SEP152004
PEOPLE OF
THE STATE
OF
)
ILLINOIS
)
STATE
OF
ILLII’JOIS
Pollution
Control Board
Complainant,
vs.
)
PCBNo.
LJ~
(Enforcement)
SAFE LOCK SELF
STORAGE,
INC.,
)
a Missouri corporation,
)
Respondent.
NOTICE
OF
FILING
To:
Safe Lock Self Storage,
Inc.
do Jeff Parrish
801
Midpoint
Drive
O’Fallon,
MO
63366
PLEASE TAKE
NOTICE that
on
this date
I
mailed forfiling 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.
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.
Respectfully submitted,
PEOPLE OF THE
STATE OF
ILLINOIS
LISA
MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
~
~
DELBERT 0.
HASCHEMEYER
Assistant Attorney General
Environmental
Bureau
500
South
Second Street
•
•
Springfield,
Illinois
62706
217/782-9031
Dated:
September 14, 2004
•
2~
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
•
SEP
152004
PEOPLE
OF THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
•
Pollution Control
Board
Complainant,
vs.
)
PCB No.
(~/
(Enforcement)
SAFE LOCK
SELF STORAGE,
INC.,
a
Missouri corporation,
Respondent.
ENTRY OFAPPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, DELBERT 0.
HASCHEMEYER, Assistant AttorneyGeneral of the State of Illinois, hereby enters his appearance
as attorney of record.
•
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
•
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
itig
ion
Di\4sio
BY:
4~”
-
DE
ERT
.
HAS
EMEYER
Environmental Bureau
Assistant Attorney General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated: September 14, 2004
CERTIFICATE OF SERVICE
I
hereby certify
that
I
did
on September
14, 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
CO MP LAI NT:
To:
Safe Lock Self Storage,
Inc.
do Jeff Parrish
801
Midpoint Drive
O’Fallon,
MO
63366
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
Delbert 0. Haschemeyer
Assistant Attorney
General
This filing is submitted on recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
SEP
152004
STATE OF ILLINOIS
PEOPLE OF
THE STATE OF
)
Pollution Control
Board
ILLINOIS,
Complainant,
vs.
)
PCB
NO.
____________
)
(ENFORCEMENT)
SAFE
LOCK SELF
STORAGE,
INC.,
)
a
Missouri corporation,
)
•
Respondent.
)
COMPLAINT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney
General of the State of Illinois,
complains
of Respondent,
SAFE LOCK SELF STORAGE,
INC., a
Missouri corporation, as follows:
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”), 415 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 a/ia,
with
the duty of
enforcing
the Act in
proceedings
before the
Illinois
Pollution
Control
Board
(“Board”).
3.
The Respondent, SAFE
LOCK SELF STORAGE, INC.
(hereinafter ‘Safe Lock”),
is
a Missouri corporation in
good standing with
the Missouri Secretary
of State.
The President and
Registered Agent
is Jeff Parrish
of O’Fallon,
Missouri.
4.
Respondent, Safe Lock,
is constructing a rental storage facility on a 4.62 acre tract
located
at 2215 Lebanon Avenue,
Shiloh,
St. Clair County,
Illinois.
1
5.
Section 12(f) of the Act,415 ILCS 5/12(f) (2002), provides the following prohibition:
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 to
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.
6.
Section
309.102(a) of the
Pollution
Control
Board
water
regulations,
35
Ill.
Adm.
Code 309.102(a),
provides:
Section
309.102
NPDES P~rrnit
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.
7.
Section 301.204 of the Pollution Control Board water regulations, 35
Ill.
Adm. Code
301.204, provides:
“CWA”means the FederalWater Pollution Control Act, as
amended.
(33 U.S.C. 1251,
et seq.
PublicLaw92-500 enacted by Congress October
18, 1972, as amended by the “Clean Water Act.”
Public Law 95-217,
enacted
December
12,
1977,
as amended.)
•
8.
Pursuant
to
Section
402
of
the
Clean
Water
Act,
33
U.S.C.
1342,
the
USEPA
Administrator
has
promulgated
rules
re~uiringan
NPDES
permit
for
storm
water
discharges
associated
with
small construction
activity,
that
being
construction
activities
that
result
in
land
disturbance
equal
to
or greater than
one
acre
and
less
than five acres
in
size.
See,
40
C.F.R.
Sections
122i,
122.2 and
122.26(b)(15).
2
9.
Commencing on some date prior to June
26, 2003, and
continuing until August 11,
2003, Respondent developed and constructed
the aforesaid storage facility without first obtaining
an NPDES permit,
in
violation of Section 309.102 of the Board’s water pollution regulations, ‘35
Ill.
Adm.
Code 309.102 and
Section
12(f) of the Act, 415
ILCS 5/12(f) (2002).
PRAYER FOR RELIEF
WHEREFORE,
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
request that
the
Board
enter an
order against the
Respondent,
SAFE
LOCK SELF
STORAGE,
INC.,
as follows:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will be required
to
answer the allegations
herein;
-
-,
B.
Finding that
Respondent has violated the Act and
regulations
as alleged
herein;
•
C.
Ordering Respondent to cease and desist from any further violationsof the Act and
•
associated regulations;
D.
Assessing against Respondenta civil penalty of fifty thousand dollars ($50,000) for
each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for each day
during which each
violation has
continued thereafter;
3
E.
Awarding to Complainant its costs and reasonable attorney’s fees; and
F.
Granting-such other relief as the Board may deem appropriate.
PEOPLE OFTHESTATE OF ILLINOIS
LISAMADIGAN
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
DELBERT 0.
HASCHEMEYER
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:_________
4
