/
~
OFFICE OF THE
ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
June
10, 2005
RECEIVED
CLERK’S OFFICE
JUN
1 42005
STATE OF ILLINOIS
Pollution Control Board
Re;
People
V.
Barry Hayden,
d/b/a Hayden Properties
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
envelope.
Thank you
for your cooperation
and
consideration.
KL/pp
Enclosures
500
South
Second
Street,
Springfield, Illinois
62706
•
(217) 782-1090
•
TTY:
(217)
785-2771
•
Fax: (217)
782-7046
100
\Vest
Randolph
Street,
Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY: (312)
814-3374
•
Fax:
(312) 814-3806
1001
East
\lain,
Carhondale,
Illinois
62901
•
(618)
529—640(1
•
TTY:
(618)
529—6403
“
Fax:
(618) 529—6416
/
Kristen
Environmental
Bi
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
•
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUN
142005
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
VS.
)
PCB No.
)
(Enforcement)
BARRY
HAYDEN,
)
d/b/aHAYDEN PROPERTIES,
)
Respondent.
NOTICE OF FILING
To;
Mr.
Barry Hayden
Hayden Properties
122 Lincoln
Place
Court
Suite 202
Belleville,
IL 62221
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
ILCS3515/1
(2002), tocorrect 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
Environmenta~,Enforcement/Asbestos
•
__
KR I
~f
E~’1~AU
~1$fDG EJ-~
Ass~t Atto~9Ge~91al
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
•
•
Dated: June 10, 2005
•
•
.•...•..
•••....
••...
2
CERTIFICATE
OF SERVICE
I hereby certify that
I did on June 10, 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:
Mr. Barry Hayden
Hayden Properties
122 Lincoln Place Court
Suite 202
Belleville,
IL 62221
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
Kristen L~a69~idge
,~(
Assista~Attorney
eral
This filing
is submitted on recycled paper
•
•
•
•
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF
)
JUN
142005
ILLINOIS,
)
STATE OF ILLINOIS
-
)
•
Pollution Control Board
Complainant,
•
)
vs.
)
PCBNo.
(1
)
(Enforcement)
•
BARRY HAYDEN,
)
dlbla
HAYDEN PROPERTIES,
)
)
Respondent.
ENTRYOFAPPEARANCE
On
behalf of the Complainant, PEOPLE OF THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHR1DGE, Assistant Attorney General of the
State of Illinois, hereby enters her appearance
as attorney of record.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISAMADIGAN
•
Attorney General of the~
State of Illinois
•
MATTHEWJ.DUNN,Chief
Environmental Enforcement/Asbestos
Liti~a~ti~t,
Divisiot
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Assistant Attorney General
Dated: June
10, 2005
•
•
RECEIVED
CLERK’S OFFICE
•
JUN142005
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
•
‘
STATEOFILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
•
•
Pollution Control
Board
Complainant,
•
v.
)
PCBNO.
)
(Enforcement)
BARRY HAYDEN
dlbla
HAYDEN PROPERTIES,
)
Respondent.
)
COMPLAINT
Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of
Illinois,
complains
of Respondent,
BARRY HAYDEN
d/b/a HAYDEN
PROPERTIES, as follows:
COUNT
I
WATER POLLUTION
1.
This Complaint is brought by the Attorney General
on
her own motion,
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 under 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.
Barry
Hayden
is a developer doing
business as “Hayden
Properties” and,
in or
about September 2003,
commenced construction of homes
in
the Cedar Creek Subdivision
near State route
158 and
Biehl Road
in St. Clair County,
Illinois.
4.
Section
12 of the Act,
415
ILCS 5/12
(2002),
provides,
in pertinent
part, as
follows:
No person
shall:
1
(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.
***
5.
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.
-
6.
The federal Clean Water Act regulates the discharge
of pollutants from a
point
source
into navigable waters and
prohibits such
point source discharges without an
NPDES
permit.
The United States
Environmental Protection Agency (“USEPA”) administers the
NPDES program in each
State unless
the USEPA has delegated authority to
do so to that
State.
The USEPA has authorized
the State of Illinois to
issue
NPDES permits through the
Illinois EPA
in compliance with federal regulations.
2
7.
Storm water discharges
are regulated
by 40
CFR 122.26, which requires a
person to
obtain an
NPDES permit and
to
implement a stormwater pollution prevention plan for
construction activity including clearing, grading
and excavation:
(a)
Permit requirement.
(1)
Prior to October 1,
1994,
discharges composed
entirely of storm water
shall not be
required to
obtain a
NPDES permit except;
*
*
*
(ii) A discharge associated with
industrial activity (see
§
122.26(a)(4));
*
*
*
(4)
Discharges through large and medium municipal separate storm sewer
systems.
.
.
.
*
*
*
(9)
(i) On a•nd after October 1, 1994, fordischarges composed entirely of
storm water, that are
not required
by paragraph (a)(1) of this section
to
obtain
a permit, operators shall be
required to
obtain a NPDES permit
onlyif:
*
*
*
(B)
The discharge is a storm
water discharge associated with
small construction activity pursuant to
paragraph (b)(15)
of
this section;
•
•
*
*
*
(b)
Definitions.
*
*
*
(14)
Storm water discharge associated with
industrial activity means the
discharge from any conveyance that is used
for collecting
and
conveying storm
water and
that is directly
related to
manufacturing,
processing or raw materials
storage areas
at an industrial plant.
..
.
The following categories
of facilities are
considered to
be engaging
in
“industrial activity” for purposes of paragraph (b)(14):
*
*
*
(x) Construction activity including clearing,
grading and
excavation,
except operations that
result in the disturbance of less than five acres of
total land
area.
Construction activity also
includes the disturbance of less
than five acres of total land
area that is a part of a larger common plan of
development or sale
if the larger common
plan will ultimately disturb five
3
acres or more;
*
*
*
(15)
Storm
water discharge
associated with small construction activity means
the discharge of storm water from:
(i)
Construction activities including
clearing, grading,
and
excavating that
result in
land disturbance of equal to or greater than
one acre and
less
than five acres. Small construction activity also includes the disturbance
of less
than one acre of total
land
area that is part of a larger common
•
plan of development or sale if the larger common
plan will ultimately
disturb equal to
or greater than
one and
less than five acres.
*
*
*
•
8.
On
March
11,
2004,
the Illinois EPA inspected the Cedar Creek
Subdivision near
State route 158 and Biehl Road in St. Clair County, Illinois.
Five homes were under
cOnstruction
on
a site of less than
5 acres and there were
no adequate erosion
controls
in
place.
Barry Hayden had
not obtained coverage
under the State’s general storm water NPDES
permit.
9.
Illinois
EPA
observed ongoing construction activities including clearing,
grading,
and
excavating that
had
resulted in
land disturbance of equal to or greater than
one acre and
less than five acres.
The activities
and site conditions
threatened the discharge of silt and other
contaminants from a
point source
into waters
of the State
so as to cause or tend
to cause
water
pollution
by creating
a nuisance.
10.
On
March
18, 2004,
the Respondent submitted
a
notice of intent for coverage
under the State’s general
storm water NPDES
permit to the
Illinois EPA,
which granted
authorization on April
19,
2004.
11.
Commencing
on some date
prior to
March
11, 2004,
and continuing until the
subsequent implementation of a stormwater pollution prevention
plan, the
Respondent
threatened the discharge of silt
and other contaminants from the construction site
into waters
of
the State so as to
cause or tend
to
cause water pollution
by creating
a nuisance.
4
12.
By so threatening to cause water pollution,
the Respondent
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,
BARRY HAYDEN:
A.
Authorizing
a
hearing
in this matter at which time the Respondent will
be
required to answer the allegations
herein;
B.
Finding that the Respondent 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
Respondent a monetary penalty of not more than the statutory maximum;
and
D.
Grant such
other and further relief as
the
Board
deems appropriate.
COUNT
II
•
NPDES PERMIT VIOLATIONS
1-10.
Plaintiff realleges and
incorporates herein
by reference paragraphs
1
through
10
ofCountl as paragraphs 1 through 10 of this Count
II.
11.
Section 309.102(a) of the Board’s Water Pollution Regulations, 35
III. Adm. Code
309.102(a),
requires an
NPDES permit:
Except as in
compliance with the provisions of the Act, Board
regulations, and
the CWA Clean
Water Act,
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.
12.
The activities and
site conditions threatened the discharge of silt and other
contaminants from a
point source
into waters of the State without an
NPDES permit.
13.
•
By
threatening
the discharge
of contaminants
into watersof the
State without
an
NPDES
permit, the Respondent has violated Section
12(f) of the Act, 415
ILCS 5/12(f) (2002),
5
and Section 309.102(a) of the Board’s
Water Pollution Regulations,
35111. Adm.
Code
309.102(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, BARRY HAYDEN
A.
Authorizing a hearing in this matter at which time
the Respondent will be
required to answer
the allegations herein;
B.
Finding that the Respondent 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
Respondent a monetary penalty of not more than
the statutory maximum; and
D.
Grant such other and further relief as
the Board
deems appropriate.
Respectfully submitted,
•
PEOPLE OFTHESTATE OF ILLINOIS,
ex rel.
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
KRISTEN LAUGHRIDGE
Assistant Attorney General
500 South Second Street
Springfield,
Illinois
62706
21 7/782-9Q31
Dated:_________
6
