RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAY 23 2005
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
STATEOFILLINOIS
Pollution Control Board
Complainant,
v.
)
PCB No.
05- d
(Enforcement
-
Water)
GREG
RUDEEN,
individually,
and
d/b/a
ROCK
RIVER
TOT/~NHOMES and
d/b/a RUDEEN
AND
ASSOCIATES,
Respondent.
NOTICE OF FILING
To:
See Attached Service List.
PLEASE TAKE NOTICE that
I have today filed with the Office of
the Clerk of the Pollution Control Board Complainant’s Complaint
for Civil
Penalties,
a copy of which 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 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.
LISA
MADIGAN
Attorney General
State of Illinois
JE
FER
4.
TOMAS
May 23,
2005
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
~
Fl.
Chicago,
Illinois 60601
(312)
814-0609
SERVICE LIST
Greg Rudeen
Rock Rive’r.Townhomes
9506 Shore Drive
Machesfley Park,
Illinois
61115
James Day
Assistant Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
F~C~IVED
RKSOFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAY232005
Complainant,
)
v.
)
PCB No. 05-~.O~
(Enforcement
-
Water)
GREG
RUDEEN,
individually,
and
d/b/a ROCK RIVER
TOWNHOMES and
d/b/a RUDEEN
AND
ASSOCIATES,
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,
GREG
RUDEEN,
individually,
and d/b/a ROCK RIVER
TOWNHOMES
and
d/b/a
RUDEEN
AND
ASSOCIATES,
as follows:
COUNT
I
WATER POLLUTION
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”)
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 for civil penalties.
2.
The Illinois EPA is an administrative agency
established in the executive branch of the State government by
1
:s~ct±~:4.
of the Act, 415 ILCS 5/4
(2002), and is charged,
inter
alia,
with the duty
of enforcing the Act.
This Count is brought
.‘~ursuant:t’o ‘Section 31 of the Act,
415 ILCS 5/31
(2002)
3.
At all times relevant to this Complaint,
Greg Rudeen
(“Rudeen”) was and is the owner and developer of Rock River
Townhomes,
a residential development
at the intersection of
Clifford Avenue and Park Ridge Road, Loves Park,
Winnebago
County,
Illinois
(“Site”).
Greg Rudeen has done business as
Rock River Townhomes and Rudeen and Associates, both
unincorporated entities.
4.
On May 14,
2004,
the Illinois EPA inspected the Site.
There were areas of the Site containing no stabilizing or
erosion control structures to protect disturbed earth from
eroding.
The east side of the Site had silt evidences of run-
off leading to a center drive/parking area.
The north area of
the Site had unstabilized soil and erosion trails leading onto
adjacent property.
The south side of the Site contained an
unprotected stockpile of earth.
The west portion of the
property is located on the banks of the Rock River with only a
sea-wall separating the development and the river.
Sediment was
seen on the sea-wall; pooled storm water and unstabilized soil
were visible with no silt or erosion controls in place.
5.
Rock River Townhomes had coverage under the general
2
National Pollutant Discharge Elimination System
(“NPDES”)
permit.
However, Rudeen filed a Notice of Termination
(“NOT”)
for coverage under the NPDES permit on June
25, 2003 and that
termination was granted on July 7,
2003.
Rudeen prematurely
sought termination of the NPDES permit for Rock River Townhomes
before demonstrating that the coverage was no longer necessary.
6.
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,
recreational, or
other legitimate uses,
or to livestock, wild animals,
birds,
fish,
or other aquatic life.
7.
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
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.
8.
Respondent Rudeen is
a “person” as that term is
defined in 415 ILCS 5/3.315
(2002).
9.
Section 3.165 of the Act,
415 ILCS 5/3.165
(2002),
provides the following definition:
3
“CONTAMINANT”
is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy, from whatever source.
10.
Soil and sediment are “contaminants”
as that term is
defined in 415 ILCS 5/3.165
(2002)
11.
Section 3.550 of the Act, 415
ILCS 5/3.550
(2002),
provides 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.
12.
The Rock River is “waters” as that term is defined in
415 ILCS 5/3.550
(2002).
13.
Section 12(a)
of the Act,
415 ILCS 5/12(a) (2002),
provides as follows:
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.
14.
Respondent Rudeen, by allowing unstabilized areas of
the Site including areas located on the banks of the Rock River
to remain unprotected from erosion, causing, threatening and
allowing sediment-laden storm water runoff on and off Site,
caused, threat~nedor allowed water pollution in violation of
4
Section 12 (a)
of the Act, 415 ILCS 5/12 (a) (2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
GREG RUDEEN,
individually,
and d/b/a ROCK RIVER
TOWNHOMES and d/b/a RUDEEN AND ASSOCIATES,
for the following
relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 12(a)
of the
Act, 415 ILCS 5/12 (a) (2002)
3.
Order Respondent to cease and desist from any further
violations of Section 12 (a)
of the Act,
415
ILCS 5/12 (a) (2002)
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against the Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
6.
Order Respondent to pay all costs, pursuant to Section
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
7.
Grant such other relief as the Board deems appropriate
5
and just.
COUNT II
WATER POLLUTION HAZARD
1-12.
Complainant realleges and incorporates by
reference Paragraphs
1 through 12 of Count
I as Paragraphs
1
through
12 of this Count II.
13.
Section 12(d)
of the Act,
415 ILCS 5/12(d) (2002),
states as follows:
No person shall:
*
*
*
(d)
Deposit any contaminants upon the land in such
place and manner so as to create a water
•
pollution hazard.
.14.
By depositing soil and sediment on the land in such
place and manner as to create a water pollution hazard to waters
of the State, Rudeen is in violation of Section 12(d)
of the
Act,
415
ILCS 5/12 (d) (2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
GREG RUDEEN,
individually, and d/b/a ROCK RIVER
TOWNHOMES and d/b/a RUDEEN AND ASSOCIATES,
for the following’
relief:
.
.
1.
Authorize a hearing in this matter at which time
Respondent will
be required to answer the allegations herein;
6
2.
Find that Respondent has violated Section 12(d)
of the
Act,
415 ILCS 5/12(d) (2002)
;
3.
Order Respondent to cease and desist from any further
violations of Section 12 (d)
of the Act,
415 ILCS 5/12 (d) (2002)
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
6.
Order Respondent to pay all costs, pursuant to Section
42(f)
of the Act, 415 ILCS 5/42(f) (20b2), including attorney,
expert witness and consultant
fees expended by the State in its
pursuit of this action; and
7.
Grant such other relief as the, Board deems appropriate
and just.
COUNT
III
VIOLATIONS OF NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT
1-12.
Complainant realleges and incorporates by
reference Paragraphs
1 through 12 of Count
I
as Paragraphs
1
through 12 of this Count III.
13.
Section 12(f)
of the Act,
415 ILCS 5/12(f) (2002),
provides as follows:
7
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.
14.
Section 309.102(a)
of the Illinois Pollution Control
Board’s
(“Board”) Water Pollution regulations,
35
Ill. Adm. Code
309.102(a),
provides as follows:
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.
15.
Pursuant to 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),
Respondent
is required to obtain coverage under the general National
Pollutant Discharge Elimination System
(“NPDES”)
storm water
permit for construction site activities
(“general NPDES storm
water permit”)
and maintain that coverage until such time that
8
construction ceased or the Site was stabilized.
16.
Rudeen obtained coverage under the general NPDES storm
water permit prior to beginning construction.
However, after
the Illinois EPA inspected the Site on May 14,
2004,
it was
ascertained that Rudeen had filed a Notice of Termination on
June 25,
2003 and ceased coverage under the NPDES permit on July
7,
‘2003, prematurely terminating coverage before soil and
sediment at the Site were fully stabilized.
17.
By
prematurely terminating his NPDES permit coverage
at the Site prior to full stabilization and causing, threatening
or allowing the deposit of contaminants into waters of the
State,
Rudeen 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.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
GREG RUDEEN,
individually, and d/b/a ROCK RIVER
TOWNHOMES and d/b/a RUDEEN
AND
ASSOCIATES,
for the following
relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 12(f)
of the
Act, 415 ILCS 5/12(f) (2002), and Section 309.102(a)
of the
9
Board’s Water Pollution regulations,
35
Ill. Adm. Code
309.102 (a)
;
3.
Order Respondent to cease and desist from any further
violations of 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);
4.
Order Respondent to remediate the environmental damage
caused to the waters of the State of Illinois;
5.
Assess against the Respondent a civil penalty of Ten
Thousand Dollars
($10,000.00) per day for each violation;
6.
Order Respondent to pay all costs,
pursuant to Section
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
10
7.
Grant such other relief as the Board deems appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney
General of the State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
By:
Assistant Attorney General
Of Counsel:
JENNIFER A. TOMAS
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
Suite 2001
Chicago,
Illinois 60601
(312)
814-0609
Environmental Bureau
11
CERTIFICATE OF SERVICE
I,
JENNIFER A.
TOMAS,
an Assistant Attorney General,
certify that on the 23~day of May 2005,
I caused to be served
by Certified Mail, Return Receipt Requested,
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.
JE
IFERJ~.TOMAS
