Lisa Madigan
AIIORNEY GENERAL
RECEIVED
CLERK’S OFFICE
NOV
152005
Pollution
STATE OF
Control
ILLINOIS
Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
November 10, 2005
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Dennis K. Stiegemeier, d/bla I.L.C. Development
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.
Ve~
Delbert 13. Haschemeyer
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY; (217) 785-2771 •
Fax; (217) 782-7046
tOO West Randolph Street Chicago, Illinois 60601 • (312) 814-3000 • T1’Y; (312) 814-3374 • Fax; (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TrY; (618) 529-6403 • Fax; (618) 529-6416
DDH/pp
Enclosures
s
RECEIVED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 152005
PEOPLE OF THE STATE OF
)
p~LoIBowd
Complainant,
)
vs.
)
PCBNo.Q
(Enforcement)
DENNIS K. STIEGEMEIER,
dlbla
I.L.C. DEVELOPMENT,
Respondent.
NOTICE OF FILING
To:
DENNIS K. STIEGEMEIER
d/b/a I.L.C. DEVELOPMENT
Illini Lumber Company, Inc.
303 Madison Street
Staunton, IL 62088
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.
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: November 10, 2005
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigati
BY:
Environmental Bureau
Assistant Attorney General
2
CERTIFICATE OF SERVICE
I hereby certify that I did on November 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:
DENNIS K. STIEGEMEIER
d/b/a I.L.C. DEVELOPMENT
Illini Lumber Company, Inc.
303 Madison Street
Staunton, IL 62088
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
0. Haschem eye r
Assistant Attorney General
This filing is submitted on recycled paper.
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’5 OFFICE
NOV
152005
PEOPLE OF THE STATE OF
ILLINOIS
)
STATEOFIWNOIS
Pollution Control Board
Complainant,
vs.
)
PCBNo.
(Enforcement)
DENNIS K. STIEGEMEIER, d/b/a
I.L.C. DEVELOPMENT,
Respondent.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, DELBERT D.
HASCHEMEYER, Assistant Attorney General of the State of Illinois, herebyenters his 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/Asbestos
ation Division
BY:
D
BER D. AS
MEYER
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: November 10, 2005
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
152005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
vs.
)
PCBNO.
(Enforcement)
DENNIS K. STIEGEMEIER,
dlbla
I.L.C. DEVELOPMENT,
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, DENNIS K. STIEGEMEIER, d/b/a I. L.
C. DEVELOPMENT, 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 (2004).
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 (2004), and charged,
inter al/a,
with the duty
of enforcing the Act in proceedings before the Illinois Pollution Control Board (“Board).
3.
Dennis K. Stiegemeier is a developer doing business as “l.L.C. Development” and,
in or about July 2002, commenced construction of homes in the Timberview Subdivision southwest
of Staunton in Macoupin County, Illinois.
4.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as follows:
No person shall:
(a)
Cause or threaten or allow the discharge of any contaminants into
1
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.
(d)
Deposit any contaminant upon the land in such place and manner so
as to create a water pollution hazard.
(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 (2004), 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.
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
2
construction activity including clearing, grading and excavation:
(a)
Permit requirement.
Prior
to October 1, 1994, discharges composed entirely of
storm water shall not be required to obtain an NPDES permit
except:
(U)
A discharge associated with industrial activity (see
§
1 22.26(a)(4fl;
4.
Discharges through large and medium municipal separate
storm sewer systems. .
9.
(I) On and after October 1, 1994, for discharges 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 an NPDES permit only if:
(B)
The discharge is a storm water discharge associated
with small construction activity pursuant to paragraph
(b)(1 5) 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
3
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 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.
In July 2002, 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 August 5,
2002. This permit required the implementation of a stormwater pollution prevention plaa.
9.
On March 26, 2004, Illinois EPA inspected the Timberview Subdivision southwest
of Staunton in Macoupin County, Illinois. A heavy rain was falling on the day of theinspectionand
storm water runoff had formed numerous gullies in the disturbed ground. No appareriLattempihad
been made to stabilize the disturbed areas. A crude ditch allowed the dischargenf siltIademstarrn
water into a wooded area. Silt fences and dams were overloaded by sedimentation and were
inadequate to reduce the transport of sediment to an offsite pond and other waterways.
10.
Upon inquiry by the Illinois EPA during the March 26, 2004, inspection, the
Respondent’s project manager was unable to produce a copy of the stormwater pollution
prevention plan.
11.
On July 8 and 14, 2004, Illinois EPA inspected the Timberview Subdivision to
determine whether progress had been made as to the implementation of a starrnwaterpuilution
4
prevention plan. On these occasions, disturbed areas had not been stabilized and the silt fences
and dams were still overloaded by sediment and were inadequate to prevent the sediment from
being transported into an offsite pond and other waterways. Storm water runoff controls were
completely lacking at other locations resulting in erosion gullies.
12.
On September 14, 2004, Illinois EPA inspected the Timberview Subdivision and
determined that some progress had been made as to the implementation of a stormwater pollution
prevention plan. However, the measures were still inadequate to minimize the transport of
sediment to the offsite pond and other waterways.
13.
On December 14, 2004, Illinois EPA inspected the Timberview Subdivision and
determined that no further efforts had been taken to stabilize the site, to construct detention
structures, or to grade and plant grass cover. The measures were still inadequate to prevent
erosion and effectively capture sediment in the storm water runoff.
14.
The ongoing construction activities, including clearing, grading, and excavating, had
resulted in land disturbance of equal to or greater than one acre and less than five acres and the
site conditions caused or allowed the discharge of silt and other contaminants from a point source
onto the land and into waters of the State so as to cause or tend to cause a water pollution hazard
in violation of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
15.
Commencing on some date prior to March 26, 2004, the Respondent has caused
or allowed 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 in violation Section 12(a) of the Act, 415 ILCS
5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, DENNIS K. STIEGEMEIER, d/b/a
S
I.L.C. DEVELOPMENT:
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) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum; and
0.
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 tOof
Count las paragraphs 1 through 10 of this Count II.
11.
Section 309.102(a) of the Board’s Water Pollution Regulations, 356 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.
Due to Respondent’s failure to fully implement the stormwater pollution prevention
plan required by NPDES permit, the activities and site conditions at the Timberview Subdivision
have resulted in the discharge of silt and other contaminants from a point source-intcwatersoUthe
State.
13.
By discharging contaminants into waters of the State without complying with the
NPDES permit, Respondent has violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), and
Section 39.102(a) of the Board’s Water Pollution Regulations, 35111. Adm. Code 309.102(a) (2004).
6
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an Order against the Respondent, DENNIS K. STIEGEMEIER, d/b/a I.L.C.
DEVELOPMENT:
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) (2004), 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 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:
DELBERT D. HASCHEMEYER
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-8931
I
Dated:
///(° /0 c
7
