BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFIcE
PEOPLE OF THE STATE OF
ILLINOIS,
)
ex rel.
LISA MADIGAN,
)
JUN
06
2005
Attorney General ofthe State
)
~ir
STATE OF lLL~joj3
Oi
iniflOlS,
)
Pollution
Control
Boarri
)
Complainant,
)
)
PCBNo.05-
V.
)
)
LAKE STREET DEVELOPMENT LLC,
)
an Illinois Limited Liability corporation,
)
)
Respondent.
)
NOTICE
OF
FILING
TO:
Mr. Stephen L.
Marcus
Registered Agent
Lake Street Development, LLC
707
Skokie Boulevard, Suite 410
Northbrook, Illinois 60062
PLEASE
TAKE
NOTICE that I have today filedthe Complaint with the Office ofthe
Clerk ofthe Illinois Pollution Control Board, a true and correct copy ofwhich is attached hereto
and herewith served upon you.
Pursuant to
35
Ill. Adm.
Code
103.204(f), I am required to
advise you that 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 forpurposes ofthis
proceeding.
Ifyou have
any
questions about this procedure, you
should contact the hearing officer assigned to this proceeding, the
Clerk’s Office or an attorney.
Pursuant to 415 ILCS
5/3
1(c)(1); I am required to advise you that financing maybe
available
through the Illinois Environmental Facilities Financing Act to
correct the violations.
PEOPLE OF THE STATE OF
ILLiNOIS,
by LISA MADIGAN, Attorney General
ofthe State of Illinois
BY:
~,Uc~,~’±fl~t
BR1Dc~Jr
M. CARLSON
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, illinois
60601
(312) 814-0608
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
JUN 062005
ex rel.
LISA MADIGAN,
)
STATE OF ILLINOIS
Attorney General ofthe State
)
Pollution Control Board
ofIllinois,
)
)
Complainant,
)
)
PCBNo.05-
V.
)
)
LAKE
STREET DEVELOPMENT LLC,
)
an Illinois Limited Liability corporation,
)
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General ofthe State of Illinois, on her own motion and at the request ofthe Illinois
Environmental Protection Agency, complains ofRespondent,
LAKE
STREET
DEVELOPMENT, LLC, an Illinois limited liability corporation, as follows:
COUNT I
FAILURE TO OBTAIN AN ILLINOIS EPA CONSTRUCTION PERMIT
PRIORTO
CONSTRUCTION
1.
This Complaint
is brought on behalf ofthe People ofthe State ofIllinois,
ex rel.
LISA MADIGAN, Attorney General ofthe State of Illinois, on her own motion and at the request
ofthe Illinois Environmental Protection Agency (“illinois EPA”), pursuant to the terms and
provisions ofSubsection 31
ofthe 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 ofthe State ofIllinois
createdby the
1
15.
Section
3.545
ofthe Act, 415
ILCS
3.545
(2002), provides the definition for
“water pollution”:
“WATER POLLUTION” is such alteration ofthe physical, thermal,
chemical, biological or radioactive properties ofany waters ofthe State, or
such discharge ofany contaminant into any waters ofthe
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.
16.
By constructing and installing a new sanitary sewer line at the Site, Respondent
Lake Street constructed equipment capable ofcausing or contributing to water pollution, or
designed to prevent water pollution.
17.
Section 309.202 ofthe Board Water Pollution Permit Regulations,
35
Ill. Adm.
Code 309.202, provides as follows:
Except fortreatment works orwastewater sources which have or will have
discharges for which NPDES Permits are required, and forwhich NPDBS Permits
have been issued by the Agency:
a)
No person shall cause or allow the construction ofany new treatment
works,
sewer or wastewater source
or cause or allow the modification of
any existing treatment works,
sewer orwastewater source without a
construction permit issued by the Agency, except as provided in paragraph
(b).
b)
Construction permits shall not be required for the
following:
1)
Storm sewers that transport only land runoff; or
2)
Any treatment works, sewer orwastewater source designed and
intended to serve
a single building and eventuallytreat or discharge
less than an average of 1500 gallons per day (5700 1/day) of
domestic
sewage and which will discharge, if at all, directlyto a
publicly owned or publicly regulated sanitary or combined sewer;
or
4
3)
Any sewerrequired by statute to secure a permit pursuant to
Section
3 of“AnAct to provide for, license and regulate mobile
homes and mobile home parks”, P.A.
77-1472, (Ill. Rev. Stat.
1981, ch.
111, par. 713); or
4)
Anytreatment works, pretreatment works, sewer or wastewater
source that, on the effective date Qfthis Su~bp
art B,
is bci.ng
constructed orwill be constructed under the authorization ofa
permit already issued by the Agency or its predecessors, provided
however, that all construction must be completed within four years
from the effective date ofthis Subpart B; or
5)
Privately owned sewers tributary to
industrial treatment works
owned by the same person if the additional waste load does not
exceed the permitted design capacity ofthe industrial treatment
works.
18.
Respondent Lake Street’s construction of a new sewer line on the Site does not
fall under any ofthe exceptions ofSection 309.202(b) ofthe Board Construction Permit
Regulations,
35 Iii. Adm.
Code 309.202(b).
19.
Respondent Lake Street constructed a new sanitary sewer line.
By constructing a
new sewer line without a construction permit, Respondent Lake Street violated Section
12(b) of
the Act, 415 ILCS
5/12(b)
(2002), and Section 309.202(a) ofthe Board Construction Permit
Regulations, 35 Ill. Adm. Code 309.202(a).
WHEREFORE, Complainant, the PEOPLE OF
THE STATE OF ILLINOIS, respectfully
requests that the Illinois Pollution Control Board enter an order in favor ofComplainant and
against Respondent, LAKE STREET DEVELOPMENT, LLC, on this Count I:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Finding that Respondent violated Section
12(b) ofthe Act,
415
ILCS
5/12(b)
5
(2002), and Section 309.202(a) ofthe Board Construction Permit Regulations, 35 Ill.
Adm. Code
309.202(a);
3.
Ordering the Respondent to cease and desist from
any further violations ofthe Act
and regulations;
4.
Assessing against Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each violation ofthe Act and pertinent regulations promulgated thereunder, with
an additional penalty ofTen Thousand Dollars ($10,000.00) for each day during which each
violation continued;
5.
Awarding to Complainant its costs and reasonable attorney’s fees pursuant to
Section 42(f) ofthe Act, 415 ILCS 42(f) (2002); and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT II
FAILURE TO
OBTAIN A NPDES STORM WATER
PERMIT
PRIOR TO CONSTRUCTION
1
-
13.
Plaintiff re-alleges and incorporates by reference herein paragraphs
1
through 10
and paragraphs
13 through
15 ofCount I as paragraphs
1
through 13 ofthis Count II.
14.
During the March 19, 2004,
inspection ofthe
Site, Illinois EPA discovered that all
storm water that accumulates in the construction Site is pumped out into the street.
Despite the
presence of disturbed earth, the Site lacked stabilizing or erosion control structures to protect
disturbed earth from eroding and depositing silt and sediment in the storm water runofffrom the
Site.
6
15.
During the March
19, 2004, Illinois EPA inspection, the storm water diversion
pipe and hose was observed leading directlyto a catch basin.
That catch basin is tributary to a
storm sewer that discharges into Grays
Lake.
Grays Lake is in the Mill Creek sub-basin and Des
Plaines River Watershed.
16.
Respondent Lake Street had not obtained a NPDES
Permit prior to channeling
storm water runofffrom the Site.
17.
Sections
12(a) and (f) ofthe Act, 415 ILCS
5/12(a)
and (f) (2002) provide in
applicable part as follows:
Actions prohibited.
No person shall:
a.
Cause or threaten or allow the discharge of any contaminants into
the environment in any State so as to
cause ortend 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 ofany contaminant into the
waters ofthe 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 forpoint source
discharges issued by the Agency under
Section 39(b) ofthis Act, or
in violation ofany term or condition imposed by such permit, or in
violation ofany NPDES permit filing requirement established
under Section 39(b), or in violation ofany regulations adopted by
the Board or ofany order adopted by the Board with respect to
the
NPDES
program.
18.
Section 309.102(a) ofthe Board Construction Permit Regulations, 35 Ill. Adm.
Code 309.102(a), entitled NPDES Permit Required, provides as follows:
Except as in compliance with the provisions ofthe Act, Board regulations,
and the
CWA, and the provisions and conditions ofthe NPDES permit issued to the
7
discharger, the discharge of any contaminant orpollutant by any person into the
waters of the State from a point source or into a well shall be unlawful.
19.
Section 3.550 ofthe Act, 415 ILCS
5/3.550 (2002), proves the definition for
“waters” as follows:
“WATERS” means all accumulations ofwater, surface and underground, natural
and artificial, public and private, or parts thereof~,
which are wholly orpartially
within, flow through, orborder upon this State.
20.
Grays Lake is a “water”
as that term is defined by Section 3.550 ofthe Act, 415
TLCS
5/3.550 (2002).
21.
Section
3.165
ofthe Act, 415 ILCS
5/3.165
(2002), provides the definition of
“contaminant”:
“CONTAMINANT” is any solid, liquid, or gaseous matter, any odor, or any form
ofenergy, from whatever source.
22.
Soil and
sediment that accumulates in storm water is
a contaminant as that term is
definedby Section
3.165
ofthe Act, 415 ILCS
5/3.165
(2002).
23.
The storm water discharge leading directly to
a catch basin is a point source
discharge into waters ofthe State.
24.
Section 301.325 ofthe Board Water Pollution Regulations, 35111. Adm.
Code
301.325, provides the definition for “NPDES”:
“NPDES” means the National Pollutant Discharge Elimination System for
issuing, establishing conditions for, and denying permits under Section 402 of
the CWA.
All terms used in connection with NPDES which have been defined
in the CWA or regulations adopted thereunder shall have the meanings
specified therein, unless specifically noted otherwise.
25.
Section 301.240 ofthe Board Water Pollution Regulations, 35 ill. Adm. Code
8
301.240, provides the definition for “CWA”:
“CWA” means the Federal Water Pollution Control Act, as amended,
(33
U.S.C.
1251
et seq., Public Law 92-500 enacted by Congress October 18,
1972 as amended by the “Clean Water Act”, Public Law
95-217,
enacted
December 12,
1977, as amended.)
26.
By discharging silt laden storm water directly from the construction Site into a
tributary ofGrays Lake without obtaining a NPDES permit, Respondent caused, threatened or
allowed the discharge ofcontaminants into waters ofthe State so as to
cause or tend to
cause
waterpollution.
27.
By causing, threatening or allowing the discharge ofcontaminants into waters of
the State,
so as to cause or tend to cause waterpollution, Respondent Lake Street violated
Sections
12(a) and
(f) ofthe Act, 415 ILCS
12(a) and (f) (2002), and Section 309.102(a) ofthe
Board Construction Permit Regulations, 35
Iii. Adm. Code 309.102(a).
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Illinois Pollution Control Board enter an order in favor ofComplainant and
against Respondent, LAKE STREET DEVELOPMENT, LLC, on this Count II:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Finding that Respondent violated Sections 12(a) and (f) ofthe Act, 415 ILCS
12(a) and (f) (2002), and Section 309.102(a) of the BoardConstruction Permit Regulations,
35
Ill. Adm.
Code 309.102(a);
3.
Ordering the Respondent to
cease and desist from any further violations ofthe Act
and regulations;
9
4.
Assessing against Respondent a civil penalty ofTen Thousand Dollars
($10,000.00) for each day during which
each violation ofSection 12(f) ofthe Act, 415 ILCS
5/12(f)(2002)
continued;
5.
Assessing against Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each violation ofSection 12(a) ofthe Act, 415 ILCS
5/12(a)(2002), with an
additional penalty ofTen Thousand Dollars ($10,000.00) for each day during which each
violation continued;
6.
Awarding to Complainant its costs and reasonable attorney’s fees pursuant to
Section 42(f) ofthe Act, 415 ILCS 42(f) (2002);
and
7.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General ofthe State
ofIllinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
OF COUNSEL:
Bridget M. Carison
Assistant AttorneyGeneral
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, IL
60601
(312) 814-0608
BY~
ROSEMARIE
Environmental Bureau
Assistant Attorney General
10
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy ofthe Complaint was sent by certified
mail with return receipt requested to the person listed on the Notice ofFiling on June 6, 2005.
BY:
(~JL~
c~
~
fl?~
BRffl(~TM. CARLSON
It is hereby certified that the original plus nine (9) copies of the foregoing were hand-
delivered to the following person on June 6, 2005:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100
West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
___________
BRIDQ~T
M. CARLSON
