OFFICE OF THE
AYFORNEY GENERAL
STATE OF ILLINOIS
October 28,
2005
RECEIVED
CLERK’S OFFICE
NOV
022005
STATE OF ILLINOIS
Pollution Control Board
The Honorable
Dorothy Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Webb Ag,
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.
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
•
TrY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East
Main,
Carhondaic,
Illinois
62901
•
(618) 529-6400
•
TTY:
(618) 529-6403
•
Fax:
(618)
529-6416
Lisa Madigan
ATTORNEY GENERAL
Envirohnéntal
Bun
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
RECEIVED
CLERK’S OFFiCE
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARD
NOV
022005
PEOPLE OF THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Controi
Board
)
Complainant,
vs.
)
PCB
No.
(Enforcement)
WEBB
AG,
INC.,
an Illinois
corporation,
)
Respondent.
NOTICE
OF FILING
To:
Webb Ag,
Inc.
do
Virgil T.
Harbach,
R.A.
618W. Van
Buren
BOS 457
Clinton,
IL 61727-21 83
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
351 5/1
(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
Environment~lEnforcement/Asbestos
Litigation 94isio
•‘
7
/
KRIS7EN~AUGJH~(DGfr~
Assi ~ta
Attoç4fGØra
I
Environmental-tureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October 28, 2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on October 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:
Webb Ag,
Inc.
c/o Virgil
T.
Harbach,
R.A.
618W. Van
Buren
BOS 457
Clinton,
IL 61727-2183
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
This filing is submitted
on recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
RECEIVED
CLERK’S OFFICE
PEOPLE OF THE STATE
OF
)
NOV
022005
ILLINOIS,
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
PCB
No.
Ott
(Enforcement)
WEBB AG,
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
EnforcementlAsbestos
BY:_______
tS~ISTEN~3M1GF1RIDG~/
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October 28, 2005
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
NOV
022005
PEOPLE OF THE STATE
OF ILLINOIS,
)
Complainant,
v.
)
PCB
No.
(Water-Enforcement)
WEBB
AG,
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,
WEBB
AG,
INC.,
an Illinois
corporation, as
follows:
COUNT
I
WATER POLLUTION
HAZARD
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
Illinois
General
Assembly
in
Section 4
of the Act,
415
ILCS 5/4 (2004), and
charged, inter
al/a,
with the duty of
enforcing the Act.
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 withihallilnois
EPA.
1
4.
Webb Ag,
Inc., (“Webb”),
is an
Illinois corporation
in
good
standing and
owns
an
agrichemical
sales
and distribution facility in
Fairview,
Fulton County,
Illinois.
Webb wholly
owns
Fairview Ag.
5.
On June
5,
2003,
a flat bed
truck owned
by Respondent rolled
on its
side
at the
intersection of Ray Road
and
a private
lane
located just east of county
Road
11,
Duncan
Mills,
Fulton
County,
Illinois (spill site”).
The truck was
carrying a tank containing approximately
2,100 gallons of fertilizer solution.
The solution
consisted
of 260
gallons
of 28
urea
ammonium
nitrate (“UAN”)
solution, 25 gallons
of crop oil,
and
1,815
gallons
of water.
6.
Approximately,
1,600
gallons
of
the fertilizer solution
spilled
into
the ditch
at the
northeast corner
of the intersection.
7.
The spill site
is
in the Spoon River flood
plan,
approximately one
quarter mile
southwest of
an
unnamed tributary of the Spoon River.
Both the Spoon
River and
unnamed
tributary are
a water of the
State as
defined
by Section
3.550 of the Act, 415
ILCS 3.550
(2004).
8.
On June 20, 2003,
due to an
anonymous
report, the Illinois
Department of
Agriculture
(‘IDOA”) contacted
Fairview Ag
and
spoke with
Mr.
Jeremy
Stutsman regarding
the
spill.
IDOA advised
Mr.
Stutsman to
report the spill to
Illinois
Emergency Management Agency
(“IEMA”).
9.
On
June
23, 2003,
Respondent excavated approximately 21
tons of soil
at the
spill
site.
10.
On June
26, 2003,
Respondent reported
the spill
to
IEMA.
11.
On June
30, 2003,
Illinois
EPA inspected
the spill site.
A strong
ammonia odor
was
present at
the site.
Illinois
EPA observed
impacted areas
on the
north
and
south
side of
Ray Road and
an
excavated area
in the ditch
on
the
north
side
of the
Ray
Road
that extended
2
approximately 190
feet east of the intersection
of Ray
Road
and
the
private
lane.
Illinois
EPA
also observed
liquid
impounded in
a small puddle on the
south
side of Ray
Road.
12.
Illinois
EPA collected samples of the impounded
liquid and
soil samples from the
spill location
and a background
location southwest
of the spill site.
The
liquid
sample contained
101
mg/I
of ammonia
and
490
mg/I
of
nitrate and
nitrite.
The
soil
sample
results are
below:
Parameter (mglkg)
Sample
XOO1
Sample X002
Sample X003
Ammonia ext. (w/wt)
6270
2410
85.3
Ammonia ext. (d/wt)
18,055
7814
16
13.
On August
14,
2003,
Illinois
EPA
issued a violation
notice to the Respondent.
14.
On July 2,
2003,
Respondent performed excavations
at the
spill
location
and
took soil samples
before,
during
and
after excavation.
15.
On
September 18,
2003,
Respondent submitted
a Compliance Commitment
Agreement
Proposal
that was rejected
by
Illinois
EPA on October 24,
2003.
16.
On
April
13, 2004,
Illinois EPA
issued a
Notice
of Intent to
Pursue
Legal Action
(NIPLA)
letter.
17.
On
May
12,
2004,
Illinois
EPA and the Respondent met and
determined the
appropriate cleanup objectives for
the contaminants at the
spill
site.
It was
agreed
that the
cleanup
objective for nitrate
to
be 45.5
mg/kg
and the objective for ammonia
to
be
158.5 mg/kg.
18.
On
May
18
and
19,
2004,
Respondent excavated
soil and
took samples from the
trench.
19.
Since
the samples from
the
May
18 and
19 excavation were
over the agreed
objectives for nitrate
and
ammonia,
Respondent conducted
another excavation
event occurçed
on June
7,
2004.
20.
Respondent removed approximately 500 tons of soil from
the spill
site.
21.
Section
12
of the Act, 415
ILCS 5/12
(2004),
provides
in
pertinent part that:
3
No
person
shall:
*
*
*
d.
Deposit any
contaminants upon the
land
in such
place
and
manner
as to
create
a water
pollution hazard;
*
*
*
22.
Section
3.165 of the Act, 415
ILCS 5/3.165
(2004)
provides:
“Contaminant”
is
any solid,
liquid, or gaseous
matter,
any odor,
or any form
of
energy,
from whatever source.
23.
Section 3.395
of the Act,
415
ILCS 5/3.395
(2004)
provides
in
pertinent part:
“Release”
means
any spilling,
leaking,
pumping,
pouring,
emitting,
emptying,
discharging, injecting,
escaping,
leaching,
dumping,
or disposing
into the
environment.
.
24.
Section
3.545
of the Act,
415
ILCS 5/3.545
(2004) provides:
“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.
25.
Section
3.550 of the Act,
415
ILCS 3.550
(2004)
provides:
“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.
26.
By releasing
28
urea
ammonium
nitrate
(“UAN”) solution within
1/4 mile of a
water of the
State,
Respondent created a water
pollution hazard, in violation
of Section
12(d) of
the Act,
415
ILCS 5/12(d)
(2004).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE
OF THE
STATE OF ILLINOIS,
respectfully
request that
the
Board
enter an order against the Respondent,
Webb Ag,
Inc.:
4
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 often 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
VIOLATIONS OF THE ILLINOIS HAZARDOUS
MATERIAL EMERGENCY ACT
1-20.
Complainant realleges and incorporates
by
reference herein
paragraphs
1
through 20 of
Count
I
as paragraphs
1
through
20 of this Count
II.
21.
This Count
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 upon
the request of
the
Illinois
Emergency Management Agency (‘IEMA”),
pursuant
to the terms
and
provisions of
Section 16(a)
of the Illinois
Emergency Planning
and
Community
Right to
Know Act (~‘ACT”),
430
ILCS
100/16(a)
(2004), and
is
an
action for civil penalties.
22.
IEMA is the
State
Emergency Response
Commission,
established
in the
executive branch
of state government by
Section 4
of the Act, 430
ILCS
100/4
(2004),
for the
purpose of implementing
the provisions of Title
Ill of the Superfund Amendments and
Reauthorization Act
of 1985,42
U.S.C.
9602(a), and
charged, inter a/ia,
with
the duty of
enforcing
the Act.
5
23.
The Hazardous
Materials Emergency Act,
430
ILCS
50/1
et
seq.
(2004),
provides
in pertinent
part,
as follows:
(a)
Section
7
The Illinois
Emergency Management Agency may,
by
rule or regulation,
require
telephone and written
notification
of incidents or accidents that
involve
hazardous materials.
The notification
may
include,
but shall not be
limited to:
information about the name, classification,
quantity, chemical
and
physical
properties, and
health hazards of the hazardous
materials;
a description of the
incident or accident;
precautionary
measures to
be
taken;
and the
name,
address,
and telephone
number of
the reporter.
(b)
Section7.01
It is the responsibility of any
person who
owns,
leases,
operates,
or controls any
facilities or equipment
for the use,
storage,
transportation, or manufacture of
hazardous materials or
his
agent or employee
to report to
the nearest
emergency agency and to the
Illinois
Emergency Management Agency the
information
required
by any rule or regulation
promulgated
under Section
7.
24.
Section 430 of the
Emergency Services,
Disasters, and
Civil
Defense
Regulations, 29
III.
Adm.
Code
Part 430 provides,
in
pertinent
part, as
follows:
Section 430.20
Definitions:
“Hazardous
Substance” means any substance listed
in
Table 302.4
of 40
CFR
302,
dated
July
1,
1987.
This incorporation
does not include
any
later
amendments or editions.
***
Section
430.30
Emergency Notification of an incident or Accident
Involving
a Reportable
Hazardous
Substance or Material
(a)
If a release
of an extremely
hazardous
substance
or a hazardous
substance occurs
in a
reportable quantity from
a facility then the
responsible
party at
that facility
shall immediately provide notice
as
described
in subsection
(c).
(b)
If an
incident or accident involving a
hazardous
material occurs which
results
in any of the occurrences listed
in subsections
(1 )-(6) below,
the
responsible
party at
the facility shall immediately provide
notice as
described
in
subsection
(c)(1).
6
(5)
a motor vehicle
has overturned
on
a public highway.
(c)
Notice
Procedures
1)
Notice
required
under subsections
(a) and
(b) shall be given
immediately
by the responsible party to the
IESDA
(which
is the
SERC)
by calling
1-800-782-7860 or 1-217-782-7860);
25.
Table 302.4 of 40
CFR 302, dated July
1,
1987,
lists ammonia as
a hazardous
substance and
indicates the reportable quantity
of ammonia
to
be
100
pounds.
26.
By not reporting
the release of ammonia at
the spill site as
described
herein
constitutes a violation
of the immediate
notification
requirement of 29
III.
Adm.
Code
Section
430.30
and
Section
7.01
of the
Illinois
Hazardous
Materials Emergency Act 430
ILCS
50/7.01
(2004).
PRAYER FOR RELIEF
WHEREFORE,
Plaintiff,
People
of the
State of Illinois, respectfully requests that this
Court enter judgment in favor of Plaintiff and against Respondent,
and
enter an order:
A.
Finding that Respondent, Webb Ag,
Inc., violated
Section
7.01
of the
Illinois
Hazardous
Materials Emergency Act,
430
ILCS
7.01
(2004),
and
20
III.
Adm.
Code 430.30
(2004), for each of the days on
which Respondent failed to
provide
immediate
notice of its
release
or discharge
to
IEMA;
B.
Assessing
a civil penalty of
$10,000.00 against the Respondent for each
day of
violation of the Act and
its
pertinent regulations;
C.
Ordering the
Respondent to cease and
desist from any further violations of tha
Acts
and
its
regulations;
D.
Awarding
to Plaintiff
its
costs and
reasonable attorney’s
fees;
and
7
E.
Granting
such other relief as the
Court
deems
appropriate.
COUNT III
ABANDONMENT OF WASTE
1-20.
Complainant
realleges and
incorporates
by reference
herein
paragraphs
1
through 20 of Count
I
as
paragraphs
1
through
20 of this
Count
III.
21.
Section
21(e)
of the
Act, 415
ILCS 5/21(e)
(2004),
provides,
in
pertinent
part, as
follows:
No
person
shall:
e.
Dispose, treat, store,
or abandon
any waste, or transport any waste into
this
State for disposal,
treatment,
storage
or abandonment, except at a
site or facility which meets the requirements of this Act and of
regulations
and
standards there under.
22.
By
not reporting
the ammonia
spill and
not performing any immediate
remediation,
Respondent,
Webb Ag,
Inc.,
abandoned
the waste ammonia
in violation
of
Section
21(e) of the Act, 415
ILCS 5/21 (e) (2004).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE
OF THE
STATE OF ILLINOIS,
respectfully
request that the
Board
enter an
order against the Respondent,
Webb Ag,
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 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;
8
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.
Respectfully submitted,
PEOPLE OF THE
STATE OF
ILLINOIS,
LISA
MADIGAN
Attorney General
of the State
of Illinois,
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental
Bureau
Of Counsel
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
/
~
6C
9
