Lisa Madigan
AFIORNEY GENERAL
September 28, 2005
RECEIVED
CLERK’S OFFICE
OCT
032005
STATE OF ILLINOIS
OFFICE
OF
THE
ATTORNEY GENERAL
Pollution
Control Board
STATE OF
ILLINOIS
The Honorable Dorothy Gunn
Illinois
Pollution
Control Board
James
R. Thompson
Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Osborn Homes,
Inc.
Dear Clerk Gunn:
Enclosed for
filing please
find
the original
and
ten copies
of
a
Notice
of
Filing,
Entry
of
Appearance and
Complaint
in regard to the above-captioned matter.
Please file the originals and
return file-stamped
copies
to me in
the enclosed,
self-addressed envelope.
Thank
you for your
cooperation and
consideration.
-
Very trulyyours,
/
500SoC~SecondS~et
Springfield,
Illinois 62706
(217)
782-9031
KL/pp
Enclosures
500 South Second Street,
Springfield,
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,
Carbondale, Illinois
6290!
•
(618)
529-6400
•
nY:
(618) 529-6403
•
Fax: (618) 529-6416
i?(p
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
OCT
032005
STATE OF ILLINOIS
PEOPLE OF THE STATE
OF
)
Pollution Control Board
ILLINOIS,
Complainant,
vs.
)
PCB No.
(Enforcement)
OSBORN
HOMES, INC., an Illinois
corporation,
Respondent.
NOTICE
OF FILING
To:
Osborn
Homes,
Inc.
do Joseph
E.
Osborn,
R.A.
100
Regency Centre
Collinsville,
IL
62234
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
(2004), 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
Litigation
-
sion
-
BY:,
~e~-eg_--
/
Assa~orn~tal
Environmental
reau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
September 28, 2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on September 28,
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:
Osborn
Homes,
Inc.
c/o Joseph
E.
Osborn, R.A.
100
Regency Centre
Collinsville,
IL
62234
and
the original
and
ten copies by
First Class
Mail with
postage
thereon fullyprepaitotihe
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
Assist~
This filing
is
submitted on
recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
OCT
032005
PEOPLE OF
THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
“f-ac
)
PCBNo.
‘i)’-’
(Enforcement)
OSBORN
HOMES,
INC.,
an Illinois
corporation,
)
)
Respondent.
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHRIDGE, Assistant Attorney General of the
State
of Illinois,
hereby enters
her 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
-
sbestos
/KRISTAUG~E
Environmental B
au
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
September 28,
2005
RECEIVED
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERic’S OFFICE
OCT
032005
PEOPLE
OF THE STATE
OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control Board
Complainant,
vs.
)
PCB
NO.
CCC
~4k.
(Enforcement)
OSBORN
HOMES,
INC.,
an Illinois
corporation,
)
Respondent.
)
COMPLAINT
Complainant,
PEOPLE OF THE
STATE
OF ILLINOIS, by
LISA
MADIGAN,
Attorney
General of the
State of Illinois,
complains of Respondent,
OSBORN
HOMES,
INC.,
as follows:
COUNT
I
SEWER CONSTRUCTION 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
(2004).
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 (2004), and
charged,
inter alia,
with
the
duty of enforcing
the Act in
proceedings
before the
Illinois
Pollution Control
Bard
(“Board”).
3.
This Complaint
is brought pursuant to Section
31
of the Act,
415
ILCS
5/31
(2004),
after providing the Respondent with
notice
and the opportunity for a meeting with the
Illinois
EPA.
4.
Osborn Homes,
Inc.
is
an Illinois
corporation.
At all
times relevant to
this
Complaint,
Osborn
Homes,
Inc.
owned and
built multi-family
use homes
at the Parkside
Commons Development (“site”),
The
site
is located is south of
Sir Lancelot Drive and
east of
Keebler Road
in Collinsville,
Madison
County,
Illinois.
5.
Section
12 of the Illinois
Environmental
Protection
Act, 415
ILCS 5/12
(2004),
provides,
in
pertinent part:
No
person
shall:
*
*
*
(c)
.
.
.
.
construct or install any sewer
or sewage treatment facility.
without
a
permit granted
by the Agency.
*
*
*
6.
Section 309.202(a) of the Board’s Water
Pollution Regulations,
35
Ill.
Adm.
Code
309.202(a), provides:
Except for treatment works
or wastewater sources
which
have or will
have
discharges for which NPDES
Permits are
required,
and
for which NPDES
Permits have
been issued
by
the Agency:
a)
No
person shall cause or allow the construction
of any
new treatment
works, sewer or wastewater source or cause or allow the modification
of
any existing treatment works,
sewer or wastewater source
without
a
construction permit issued
by
the Agency.
.
7.
On
November 26, 2003,
Illinois
EPA
received
an application
for a construction
permit for the sanitary sewer
system
at the site from the
Defendant.
8.
On
December 8, 2003,
Illinois
EPA denied
the permit application
submitted
by
the Defendant because
it was
deemed incomplete
because
it did
not have
a sufficient fee for
the permit.
9.
On January 7, 2004
representatives
for the City of Collinsville
inspected
the site
for stormwater and
erosions
controls.
10
On
January 7,
2004 several
sections of sanitary sewer
had
been installed
and
connected to
the existing sanitary sewer at the
site.
11.
On January 15,
2004,
Illinois
EPA inspected
the
site.
12
On January
15,
2004,
a segment of approximately a few hundred feet of line
had
been installed
and one
manhole had
been set.
Pipe
bundles,
manhole rings,
and
bedding
material were
positioned on-site.
-2-
13.
On
January 7 and
15, 2004,
the Defendant did
not have
a construction permit for
the sanitary sewer system
at
the site.
14.
On January 27, 2004,
Illinois EPA
issued
the Defendant
a construction permit for
the sewer construction after receiving
full
payment for the construction permit
15.
On
or before January 7,
2004,
on a date better known to the
Respondent,
until
January 27,
2004,
the Respondent,
OSBORN
HOMES,
INC.,
caused or allowedthe
construction or installation
of a
sanitary sewer
system without
a
permit from the
Illinois
EPA.
16.
By constructing or installing
a sanitary sewer system without
a permit granted
by
the
Illinois
EPA,
the Respondent,
OSBORN
HOMES,
INC.,
has violated
Section
12(c) of the
Act, 415 ILCS
5/12(c) (2004),
and
Section 309.202(a) of the Board’s Water
Pollution
Regulations,
35
III.
Adm.
Code
309.202(a).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the
People of The
State of
Illinois, respectfully request
that the Board
enter an
order against
Respondent,
OSBORN
HOMES,
INC.:
A.
Authorizing
a hearing
in
this matter
at which time
the Respondent will be
required to answer the allegations
herein;
B.
Finding that Respondent have 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 often thousand dollars
($10,000) for
each
day during which each
violation
has
continued
thereafter;
E.
Awarding to
Complainant its
costs
and
reasonable attorney’s
fees;
and
-3-
F.
Granting such other relief as
the
Board
may deem appropriate.
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:
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South Second Street
Springfield,
Illinois
62706
217/782-9031
)
Dated:___________
-4-
