RECE~VED
CLERK’S OFFICE
MAR
1
1
2005
STATE
OF
ILLINOIS
Pollution Control Board
OFFICE
OF THE A’ITORNEY GENERAL
STATE
OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
5
March 9, 2005
The Honorable Dorothy Gunn
Illinois
Pollution Control Board
James
R. Thompson
Center, Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People v.
Pekin Paperboard
Company,
L.P.
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
envelope.
Thank you
for your cooperation and
consideration.
~nniferBoiikowski
ivironmental
Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
JB/pp
Enclosures
500 South Second
StEcet, SpringOeld, Illinois
62706
•
(217)
782-1090
•
TTY:
(217)
785-2771
•
Fax:
(217)
782-7046
100
West
Randolph Street,
Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY:
(312)
814-3374
•
Fax:
(312) 814-3806
1001
East
Main.
Carhondale, Illinois
62901
•
(618) 529-640))
•
TTV: (618) 529-6403
•
Fax:
(618)
529-6416
truly yours,
RECE
WED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
MAR
112005
PEOPLE OF THE STATE
OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control Board
)
Complainant,
VS.
)
PCB No.
L’
)
(Enforcement)
PEKIN PAPERBOARD
COMPANY, L.P.,
a
Delaware
limited partnership,
Respondent.
NOTICE
OF FILING
To:
Pekin
Paperboard
Company,
L.P.
do Jim Driscoll,
R.
A.
1500
Nicholas Blvd.
Elk Grove Village,
IL 60007
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
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
Litigatign
Division1
B~j~~1
j~
(~OL~/OJL~
(
“/JENIN-FF~BONKOWSKI
Assistaf~t
Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
March
9, 2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on March
9,
2005,
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:
Pekin
Paperboard
Company, L.P.
do Jim Driscoll,
R. A.
1500 Nicholas Blvd.
Elk Grove Village,
IL 60007
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
ii
/
~
/~D/L~~
ennifer ~bnkowski
ssistant Attorney General
This filing is submitted
on recycled paper
RECE~VED
CLEPK’S OFr~CF
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
MAR
112005
PEOPLE OF THE STATE OF ILLINOIS,
)
~
Complainant,
V.
)
PCBNo.O~~
)
(Water-Enforcement)
PEKIN
PAPERBOARD
COMPANY, L.P.,
a Delaware limited
partnership,
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
Enforcement/Asbestos
‘~LitigationDivision
BY~IL1U
~~a/~zw/’/u~
/
JENNIF~IRBONkOWSKI,
(/Assistaril Attorney General
JENNIFER
BONKOWSKI
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:____________
1
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
MAR
112005
-
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
v.
)
PCBNo.
(Water-Enforcement)
PEKIN
PAPERBOARD COMPANY,
L.P.,
a Delaware
limited partnership,
)
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent,
PEKIN
PAPERBOARD COMPANY,
L.P.,
a Delaware limited partnership, as follows:
COUNT
I
NPDES
PERMIT VIOLATIONS
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
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.
3.
This Complaint is brought pursuant to Section
31
of the Act, 415
ILCS
5/31
(2002),
after providing the Respondent with notice and
the opportunity for a meeting with the
Illinois
EPA.
4.
Pekin Paperboard
Company,
L.P.
(“Pekin
Paperboard”),
is
a Delaware limited
partnership authorized
to
do
business
in the
State of Illinois.
1
5.
Pekin
Paperboard
manufactures
cereal containers using
recycled materials
at a
facility at
1525 South
Second Street,
Pekin, Tazewell County,
Illinois.
This facility
includes a
wastewater treatment plant (“WWTP”) which receives and treats
process wastewater from the
production
operations.
The effluent from the WWTP is discharged via
an outfall designated
as
AOl
to
a storm sewer which discharges to a ditch.
This “effluent ditch” flows
into a
canal which
connects
Crystal Lake
to the Illinois
River.
In
addition
to storm water from the facility site, which
includes storm water from the facility’s waste and
paper storage and
handling areas,
the storm
sewer also receives discharges of
non-contact cooling water from a turbine generator and well
water storage tank overflow via outfall
DOl,
neutralized zeolite softener regeneration water via
outfall
001, boiler blowdown
via
outfall BOl,
and acid
regenerated demineralizer column
F
wastewater from a water purification
process via an
undesignated outfall.
The discharges from
the WWTP and the designated
outfalls are authorized
pursuant to National
Pollutant Discharge
Elimination System
(“NPDES”)
Permit No.
1L0037729.
6.
The effluent ditch, the canal,
Crystal
Lake, and
the
Illinois River are
“waters” of
the
State as that term
is defined
in
Section 3.550of the Act, 415
ILCS 5/3.550 (2002),
as
follows:
“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.
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, safety
or welfare, or
to domestic,, commercial,
industrial, agricultural,
2
recreational, or other legitimate uses, or to livestock, wild animals,
birds, fish, or other aquatic life.
8.
Section
12
of the Act,
415
ILCS 5/12 (2002),
provide the following
prohibitions:
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;
***
(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.
***
9.
Section 309.102(a) of the Board’s Water Pollution
Regulations,
35
III.
Adm. Code
309.102(a), provides:
a)
Except as
in compliance
with the provision 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.
3
10.
Section 304.141 (a) of the Board’s Water Pollution
Regulations,
35
III. Adm.
Code
304.141 (a),
provides:
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 are
set forth
in
his
permit.
-
11.
Congruent with Section
304.120 of the Board’s Water Pollution
Regulations,
35
Ill.
Adm.
Code 304.120,
Pekin
Paperboard’s
NPDES
Permit imposes effluent concentration
limitations for total suspended
solids (“TSS”) and five-day carbonaceous biochemical oxygen
demand (“CBOD5”), each of which is a “contaminant” as that term
is defined
in Section
3.165 of
the Act, 415
ILCS
5/3.165 (2002).
Discharge
Monitoring Reports
(“DMRs”) are
submitted
monthly in
accordance with the NPDES Permit to report the concentrations of contaminants in
the effluent.
12.
The effluent concentration
limitations for CBOD5 are 25
milligrams per liter
(“mg/I”) on a monthly average
and 50
mg/I for a daily maximum.
The concentration
limitations
for TSS are 30
mg/I on
a monthly average and 60 mg/I for a daily maximum.
13.
Pekin
Paperboard
reported
in
its DMRs for the months of January,
February,
and
March
of 2001;
February,
March, April,
May,
June,
July, August, September,
October, and
November of 2002;
and
January,
February, April, and
May of 2003 that it had exceeded
the
monthly average effluent limitation
of
30
mg/I for TSS.
14.
Pekin
Paperboard
reported
in
its DMRs
for the months of March
of 2001;
February, April,
May, June, August, September, and
October of 2002;
and
January and
February of 2003 that it
had
exceeded
the daily maximum effluent limitation
of 60 mg/I for TSS.
15.
Special Condition
12 of Pekin
Paperboard’s
NPDES Permit
requires the facility
4
to
implement the provisions of a storm water pollution prevention plan
at the facility.
The storm
water pollution prevention
plan must include,
among other
items,
storm water management
controls which will
be
implemented
by the facility.
These controls must include good
housekeeping and
storm water management
practices such
as containment
and
debris control.
16.
On August 30, 2002,
the Illinois EPA inspected
the WWTP to
evaluate its
compliance with the NPDES Permit.
The
Illinois
EPA
inspector observed that
there were
at
least two storm drains near the powerhouse that receive paper waste
runoff and spillage from
the compactor box storage area.
The
Illinois
EPA inspector observed paper waste on
the
ground in this area, and
covering one of the storm
inlets.
Paper waste
is a “contaminant” as
that term is defined
in
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002).
17.
Pekin
Paperboard has
caused or allowed the discharge
of. contaminants into
waters of the State
in violation of the terms or conditions
of
its
NPDES Permit and
has thereby
violated
Section
12(f) of the Act, 415
ILCS 5/12(f)
(2002).
18.
By discharging
contaminants
into waters of the State
in
violation
of the terms or
conditions of its
NPDES
Permit, Pekin
Paperboard has thereby violated
Sections 304.120,
304.141(a), and
309.102(a)
of the Board’s Water Pollution
Regulations,
35
III.
Adm.
Code
304.120, 304.141(a), and
309.102(ä).
19.
By discharging contaminants
into waters
of the
State so as to violate regulations
or standards
adopted
by the Pollution Control
Board
under this Act,
Pekin
Paperboard
has
thereby violated Section
12(a) of the Act, 415
ILCS 5/12(a)
(2002).
20.
By failing to
maintain
adequate storm water management controls
at
its facility
as
required
by
its
NPDES Permit,
Pekin Paperboard
has caused,
threatened or allowed the
discharge of any contaminant into the waters of the State
in violation
of its NPDES permit,
and
has thereby violated
Section
12(f) of the Act,
415
ILCS 5/12(f)
(2002).
-
5
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE
STATE
OF ILLINOIS,
respectfully
req uest that the
Board enter an order
against the Respondent,
PEKIN
PAPERBOARD
COMPANY,
L.P.:
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 violations of the Act
and
associated regulations;
D.
Assessing against Respondent a
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; and
E.
Granting such
other relief as the Board
may deem appropriate.
COUNT II
OPERATIONAL
VIOLATIONS
1-10.
Complainant realleges and incorporates
herein
by reference paragraphs
1
through lOaf Count las
paragraphs
1
through
lOaf this Count
II.
11.
On August 30, 2002,
the Illinois
EPA inspected
the WWTP to evaluate
its
compliance with the NPDES Permit.
The effluent being discharged via
outfall AOl
and
the
water within the effluent ditch were
brown and
turbid.
The Illinois
EPA inspector noted that
sludge
had last been
removed from the
lagoon
in
1997,
which likely
reduced the capacity
and
effectiveness of the lagoon.
The influent wet well
had
apparently been
bypassing
untreated
wastewater to another ditch, which leads eventually to the Illinois
River,
because there were
6
paper solids and wastewater sludge
within the ditch.
The
lagoon
screens at the outfall
were
clogged,
thereby causing
the lagoon to
be overfilled.
12.
The Illinois
EPA issued a violation notice to Pekin
Paperboard on
September 30,
2002.
A meeting was. held on
November 25, 2002.
13.
On December
5,
2002,
the
Illinois
EPA again
inspected
the WWTP to
evaluate
its
compliance with the NPDES Permit.
The effluent being
discharged via outfall AOl
and
the
water within the effluent ditch were
brown and turbid.
The influent wet well
had
apparently
continued
to bypass
untreated wastewater to the ditch,
because there were additional
paper
solids and wastewater sludge within the ditch.
14.
On
January 29, 2003, the Illinois
EPA conducted
a reconnaissance
inspection of
the WWTP.
The influent wet well
had
recently bypassed
untreated .wastewater,
because there
were not only solids and
sludge in the ditch but also
wastewater.
A sample
of the effluent was
determined
to
contain
140 mg/I of TSS.
15.
On
March
5, 2003,
the
Illinois
EPA conducted
another reconnaissance
inspection of
the WWTP.
The effluent was
brown
and turbid;~thewater in the effluent ditch
contained floating solids.
16.
On April 29, 2003, the
Illinois
EPA again
inspected the WWTP to evaluate
its
compliance with the NPDES Permit.
The Illinois EPA discovered
an unpermitted
discharge of
acid
regenerated demineralizer column wastewater from
a water purification
process via an
undesignated outfall.
The
Illinois EPA also determined
that the permitted
outfalls
BOl,
COl,
and
DOl
were
not
being
separately
sampled as
required
by the NPDES Permit.
The solids
and
sludge in the ditch
resulting from the influentwet well bypasses
had
been removed.
The water
in the effluent
ditch was
brown.
7
17.
On
May 29, 2003,
the
Illinois
EPA conducted a followup inspection
and observed
that the water in the effluent ditch was
brown.
18.
On June 23, and
July 30, 2003, the
Illinois EPA again
inspected the WWTP,
primarily to observe the dredging
of the lagoon.
On
the latter occasion, the effluent was gray
with a strong
septic odor; the water in the effluent
ditch was also
gray with
unnatural
algal
growth
and sludge deposits.
A sample of the effluent taken
on
July 30, 2003,
was determined
to contain
190 mg/I of BOD5.
19.
On August 28,
and
September 18,
2003,
the Illinois
EPA again inspected
the
WWTP after the completion
of the lagoon
dredging.
On
bath
occasions,
the effluent was
brown
with
a
slight septic odor.
20.
On
October 28, 2003,
the Illinois
EPA
conducted a reconnaissance inspection of
the WWTP.
Wastewater spills or bypasses
had
apparently occurred,
because
there was
sludge in
a low area
near the access gate to
the lagoon.
21.
On
July 15,
2004,
the Illinois
EPA again
inspected
the WWTP.
The
lagoon
effluent was not discharging, as the pump was
air locked.
The Illinois EPA.noted
some gray
.
.
.
...
sludge deposits present
in
the receiving
stream.
A raw wastewater bypass
had apparently
occurred
because quite a
lot of paper sludge was still
present
in the low area downstream of
the overflow pipe.
22.
Section
306.102 of the Board’s Water
Pollution
Regulations,
35
III.
Adm.
Code
306.102, provides:
System Reliability
Malfunctions:
All treatment works
and associated
facilities shall
be
constructed and
operated as
to minimize violations of
applicable standards during
such contingencies
as flooding,
adverse weather,
power failure, equipment failure,
or
maintenance, through such
measures
as
multiple ijnits,
holding
8
tanks,
duplicative power sources, or such other measures
as may
be appropriate.
Spills:
All
reasonable measures,
including where appropriate the
provision
of catchment
areas,
relief vessels, or entrapment dikes,
shall
be taken to prevent any spillage of
contaminants from
causing
water pollution.
23.
By discharging
acid regenerated demineralizer column wastewater from a water
purification
process without an
NPDES
Permit for such outfall,
Pekin
Paperboard
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).
24.
By failing
to
sample each of the permitted
outfalls
as
required
and discharging
contaminants into
waters of the State
in violation of the terms or conditions
of
its
NPDES
Permit,
Pekin
Paperboard
has thereby
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
III.
Adm.
Code
309.102(a).
25.
By allowing
bypasses
and overflows of untreated wastewater to
occur,
Pekin
Paperboard has
violated
Section
306.102 of the Board’s Water Pollution
Regulations,
35
III.
Adm. Code 306.102.
26.
By discharging contaminants into waters of the State so as to violate regulations
or standards
adopted
by the Pollution
Control Board
under this Act,
Pekin
Paperboard
has
thereby
violated Section
12(a) of the
Act,
415
ILCS 5/12(a)
(2002).
9
-.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE
OF ILLINOIS,
respectfully
request
that the Board
enter an
order against the Respondent,
PEKIN
PAPERBOARD
COMPANY,
L.P.:
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 violations
of the Act
and associated
regulations;
D.
Assessing against Respondent a 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; and
E.
Granting
such other relief as the
Board
may deem
appropriate.
COUNT
III
WATER POLLUTION
1-8.
Complainant
realleges and
incorporates
herein by reference paragraphs
1
through 8 of Count
I as
paragraphs
1
through
8 of this Count
Ill.
9-19.
Complainant realleges and
incorporates herein
by reference paragraphs
11
through
21
of Count
II
as paragraphs 9 through
19 of this Count
III.
20.
Section
302.203 of the Board’s Water Pollution
Regulations, 35
III. Adm. Code
302.203, provides:
Offensive Conditions
Waters of the State shall be free from
sludge or bottom deposits,
floating
debris,
visible oil,
odor, plant or algal growth, color or
turbidity of other than
natural origin.
The allowed mixing
provisions
of Section
302.102 shall not be
used to
comply with the
provisions of this Section.
10
21.
Section
3O4~1O5of the Board’s Water
Pollution
Regulations, 35
III. Adm.
Code
304.105, provides:
Violations of Water Quality Standards
In
addition
to the other requirements of this Part,
no effluent shall,
alone
or in combination with other sources, cause
a violation
of
any applicable water quality standard...
22.
Section
304.106 of the Board’s Water Pollution
Regulations,
35
Ill. Adm. Code
304.106, provides:
Offensive Discharges
In
addition
to
the other requirements of this Part,
no effluent shall
contain settleable solids, floating
debris, visible
oil, grease,
scum
or sludge solids.
Color, odor and turbidity must be reduced
to
below obvious levels.
23.
Pekin
Paperboard
has
caused orallowed the discharge of effluent in violation of
Section
304.106 of the
Board’s Water Pollution Regulations,
35
III.
Adm.
Code
304.106.
Since
these
offensive discharges
resulted
in violations of water quality standards,
Pekin
Paperboard
also violated
Sections
302.203 and 304.105 of the Board’s Water Pollution Regulations,
35111.
Adm.
Code 302.203, 304.105.
24.
By so violating the Board’s Water Pollution
Regulations,
Pekin
Paperboard
has
thereby
violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2002).
25.
Pekin
Paperboard
has
caused, threatened
or allowed water
pollution in
that such
discharges of contaminants likely
rendered
the waters of the State harmful or detrimental or~
injurious to public
health, safety or welfare,
or to agricultural,
recreational,
or other legitimate
uses, or to livestock,
wild animals,
birds, fish or other aquatic life and
have likely created a
nuisance.
26.
By causing or allowing
the discharge of contaminants in
such a manner as to
11
cause or threaten water pollution,
Pekin
Paperboard has violated
Section
12(a) of the Act, 415
ILCS 5/12(a)
(2002).
PRAYER FOR
RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE STATE OF ILLINOIS,
respectfully
request that the Board
enter an
order against the Respondent,
PEKIN
PAPERBOARD
COMPANY,
L.P.:
A.
Authorizing a
hearing
in this matter
at wl~ich
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 violations
of the Act
and
associated
regulations;
D.
Assessing against Respondent a 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;
and
E.
Granting
such
other relief as the
Board
may
deem
appropriate.
COUNT IV
FAILURE TO OBTAIN A CONSTRUCTION PERMIT
1-5.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through
5 of Count
I as paragraphs
1
through
5 of this Count
IV.
6.
Section
12(b) of the Act, 415
ILCS 5/12(b)
(2002),
provides
as follows:
Sec.
12.
Actions prohibited.
(b) Construct, install,
or operate any equipment, facility, vessel, or
aircraft capable of causing or contributing to
water pollution, or
designed to
prevent water pollution,
of any type designated
by
12
Board
regulations, without a permit granted
by the Agency, or
in
violation of any conditions
imposed by such permit.
-
7.
Section 309.154 of the Board’s Water Pollution
Regulations,
35
III.
Adm.
Code
309.154, states:
a) No
person shall cause or allow the construction of any new
treatment works, disposal well or wastewater source for which
an
NPDES
Permit is required
or cause
or allow the modification
of any
existing treatment works, disposal well or wastewater source for
which an
NPDES
Permit is required
unless such
NPDES
Permit
contains an
authorization to
construct as
a condition
of such
permit.
b) Any holder of a valid NPDES
Permit who proposes
or is required
as
a condition of such
NPDES
Permit or of any order of the
Pollution Control Board
to construct or modify any treatment works,
disposal
well, wastewater source, or process modification which
results
in
new or increased
discharges of pollutants, shall complete,
sign and
submit
an NPDES
application for such
construction or
modification,
in accordance
with the instructions provided with
the
form,
no later than
180 days
in advance of the date on which
construction or modification
is to
begin. No person shall commence
construction
until
the holder of the NPDES Permit shall have
received
a modification to
the
NPDES
Permit, or a new
NPDES
Permit if required,
which contains an authorization
to
construct as
a
condition of such
permit.
c) The Agency shall
not issue any authorization to
construct unless
the applicant submits
adequate proof, including
any of the
information or documents
set forth in Section
309.221
as
the
Agency may require, which ensures that the proposed
construction,
modification or operation
1) Either conforms
to the criteria promulgated
by the Agency under
Section 309.221
or is based on
other criteria
which the applicant
proves will produce consistently satisfactory results;
and
2) Will
not cause a violation
of the conditions of the NPDES
Permit.
8.
On August 30, 2002,
the
Illinois EPA inspected
the WWTP to
evaluate
its
compliance with the NPDES Permit.
The
Illinois
EPA
inspector noted that no
construction permit
had
been obtained for installation of the current lagoon
aerators.
9.
Pekin
Paperboard’s NPDES
Permit does
not contain
an authorization
to construct
13
as
a
condition of the permit.
10.
By failing to
obtain a construction permit for installation of the current lagoon
aerators,
Pekin
Paperboard has violated Section 309.154 of the Board’s Water Pollution
Regulations,
35
III. Adm.
Code
309.154,
and Section
12(b) of the Act, 415
ILCS 5/12(b)
(2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE
STATE OF
ILLINOIS,
respectfully
request that the Board enter an
order against the Respondent,
PEKIN
PAPERBOARD
COMPANY,
L.P.:
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 violations of the Act
and associated
regulations;
D.
Assessing against Respondent a 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 eachday
during which each violation has
continued
thereafter;
and
E.
Granting such
other relief as the
Board
may deem appropriate.
14
Respectfully submitted,
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:____________________
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Of Counsel:
JENNIFER BONKOWSKI
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031.~
Dated:________
15
