OFFICE OF THE
ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
AFIORNEY GENERAL
The Honorable Dorothy
Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
November 28,
2005
RECEIVED
CLERK’S OFFICE
DEC
012005
STATE OF ILLINOIS
Pollution Control
Board
DL~
Re:
People
v.
Barger Engineering,
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 tr
Iy’yours,
I
~s~ghr/~
Environmental
ureau
500
South
Second Street
Springfield,
Illinois
62706
(217)
782-9031
Enclosures
500 South Second
Street,
Springfield, Illinois
62706
•
(217) 782-1090
•
YTY:
(217)
785-277!
•
Fax: (217)
782-7046
100 West Randolph
Street, Chicago,
Illinois
6060!
•
(312) 8(4-3000
•
‘FlY:
(312)
814-3374
•
Fax: (312)
814-3806
1001
East Main, Carhondale,
Illinois
6290!
•
(618) 529-6400
•
T’FY:
(618) 529-6403
•
Fax: (618)
529-6416
KL/pp
RECEIVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
012005
PEOPLE OF
THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
vs.
)
PCB No.
ôL~
(Enforcement)
BARGER ENGINEERING,
INC.,
an
Indiana corporation,
Respondent.
NOTICE
OF FILING
To:
Barger
Engineering,
Inc.
do C.
T. Corporation System
208
S.
LaSalle
St.,
Suite
814
Chicago,
IL 60604-1101
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
Environment~JEnforcementlAsbestos
Litigation
D,Wjsi$n
~,
/...‘
~//
,~
BY:__________________
KI~TEt~J
LAI~G)thIDGE
Assistant Ajl9pley
General
Environméhtal
Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November
28,
2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
November 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:
Barger Engineering,
Inc.
do
C.
T. Corporation System
208
S.
LaSalle
St.,
Suite
814
Chicago,
IL 60604-1101
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
•
______
/
Krister~3ki~hridg94~’
Assisthnt AttorneyGeneral
This
filing is submitted on
recycled paper.
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARER~CE~V~ED
PEOPLE OF THE STATE OF
)
DEC
012005
ILLINOIS,
STATE OF ILLINOIS
Complainant,
)
Pollution Control
Board
vs.
)
PCB
No.
(Enforcement)
BARGER ENGINEERING,
INC.,
an
Indiana 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/Asbestos
BY~______
~ISTEN
(5W~HRIDG~V
‘Environme’ñtal Burealp’
Assistant Attorney General
500 South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 28, 2005
RECEIVED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
DEC
012005
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE
STATE
OF ILLINOIS,
Complainant,
vs.
)
No.
06-
(Enforcement)
BARGER ENGINEERING,
INC.,
an
Indiana corporation,
Respondent.
CO MPLAINT
Complainant, PEOPLE
OF THE
STATE OF ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of the
State of Illinois,
complains of the Respondent,
BARGER
ENGINEERING,
INC.,
as
follows:
COUNT
I
WATER POLLUTION
VIOLATIONS
1.
This action
is brought against the Respondent in
the name of the
People of the
State
of Illinois,
by
LISA MADIGAN, Attorney General
of the
State of
Illinois,
on
her own
motion
and
at the request of
the Illinois
Environmental
Protection Agency (“Illinois
EPA”),
pursuant to
the
Illinois
Environmental
Protection
Act
(“the Act”),
415
ILCS 5/1
et
seq.
(2004).
2.
The
Illinois
EPA
is
an
agency
of the
State of
Illinois
created
under Section 4 of
the
Act,
415
ILCS
5/1
et
seq.
(2004),
and
is
charged,
inter a/ia,
with the duty of enforcing
the
Act.
3.
The Complaint
is brought
by the Attorney of the State
of
Illinois
pursuant to
Section
31(d)
of the Act,
415
ILCS 5/31(d)
(2004).
1
4.
The
Respondent,
Barger Engineering,
Inc.,
is and
was at
all
times relevant to
this Complaint an
Indiana
corporation,
currently registered
and
in
good standing with
the Illinois
Secretary of State’s
Office.
5.
The Respondent
is
and
was at
all
times relevant to this Complaint the owner of
the Phillipstown Unit Water
Flood
Plant
located approximately five miles south of Crossville,
White
County,
Illinois (“facility”).
6.
On September
23,
2005,
a PVC transfer line located at
the facility
had
ruptured
and
released approximately 1,000
-
1,500
barrels of salt water and
10 to
20
barrels of crude oil.
7.
On
September
23,
2005,
the salt water traveled approximately
1 V2
miles
downstream from
the facility
into a drainageway and
unnamed
stream, which drains into
the
Wabash
River.
Crude oil
and
crude
oil staining
was
approximately
1
mile downstream from
the
facility.
8.
The first
1/2
mile of the discharge
consisted of
a milky white
suspension
and
black
precipitate,
as well as
heavy areas
of crude oil.
Crude oil
also
covered the vegetation within the
drainage
way.
9.
The chloride concentration
of the water in the drainageway was at
least 6,722
mg/L approximately
1
‘/2
miles downstream of the facility.
10.
Over 50 small fish,
including
small minnows and
catfish,
died approximately
1
1/4
miles downstream
from the facility.
11.
On
September 26,
2005,
over
100
more
small fish,
including
minnows and
catfish,
had
been
killed
about
1
1/4
to
1 ½
miles downstream
from the facility.
12.
The unnamed
stream and
Wabash River are a “waters” of the
State as that term
is defined under Section
3.550 of the Act,
415
ILCS 5/3.550
(2004), as
follows:
2
“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.
13.
Section
3.545 of the Act, 415
ILCS 5/3.545
(2004),
defines “water
pollution” as
follows:
“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.
14.
Section
12
of the Act,
415
ILCS 5/12
(2004), provides,
in
pertinent part:
No
person
shall:
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,.. .without
an NPDES
permit for
point source discharges issued
by
the Agency under Section
39(b) of this
Act...
15.
Section 302.203
of the Board’s Water Quality
Standards Regulations,
35
III.
Adm.
Code 302.203, provides,
in
pertinent part,
as follows:
Offensive
Conditions:
Waters
of the State
shall
be free from
sludge or bottom
deposits,
floating
debris,
visible oil,
odor,
plant
or algal
growth,
color
or turbidity
of other than
natural origin....
16.
Section
302.208(g)
of the Board’s Water
Quality Standards Regulations,
35
III.
Adm.
Code 302.208(g),
provides,
in
pertinent
part, as
follows:
g)
Concentrations of the following
chemical
constituents
shall not be exceeded
except in waters
for which
mixing
is
allowed pursuant to
Section
302.102
3
Constituent
Unit
STORET Number
Standard
Chloride (total)
mg/L
00940
500
17.
By causing
or allowing
the discharge of approximately 1,000
to
1,500
barrels
of
salt water
and
10 to
20 barrels of crude oil,
Respondent created offensive
conditions
of sludge
and
floating
debris
in violation of Section 302.203 of the Board’s Water Quality Standards
Regulations,
35
III.
Adm.
Code 302.203.
18.
By causing
or allowing
the discharge
of approximately
1,000
to
1,500
barrels of
salt water,
Respondent caused the concentration of
chlorides to
exceed
the regulated
standard
of 500 mg/L,
in violation
of Section
302.208(g)
of the Board’s Water
Quality Standards
Regulations,
35
Ill.
Adm.
Code 302.208(g).
19.
By causing
or allowing the discharge of
1,000
to
1,500
barrels of salt water and
10
to 20 barrels of crude
oil
into the waters of the State without
an
NPDES
permit,
Respondent
violated
Section
12(f) of the Act, 415
ILCS 5/12(f) (2004).
20.
By causing
or allowing
the discharge
of 1,000
to
1,500
barrels of salt water and
10
to 20 barrels of crude
oil
into waters
of the
State,
Respondent has
caused or tended
to
cause water pollution.
21.
By so causing
or tending
to cause water
pollution,
Respondent has violated
Section
12(a) of the Act,
415
ILCS 5/12(a)
(2004).
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff,
People
of the
State of Illinois,
respectfully requests
that this
Court grant the following
relief:
4
A.
Find
that Respondent,
Barger Engineering,
Inc.,
has violated Section
12(a) and
12(f)
of the Act, 415
ILCS 5/12(a),
(f)
(2004) and
Sections
302.203 and
302.208(g) of
the
Board’s Water
Quality Standards Regulations,
35
III.
Adm.
Code 302.203, 302.208(g);
B.
Order Respondent from
to
cease and
desist from further violations
of the Act and
associated
regulations;
C.
Assess against Respondent a
monetary penalty of up to
fifty thousand
dollars
($50,000) for each
violation
and
up to an
additional
ten thousand
dollars ($1ft000) for each
day
that the violation has
continued;
D.
Pursuant to Section
42(f) of the Act,
415
ILCS 5/42(f) (2004),
award the Plaintiff
its costs
in this matter, including
reasonable attorney’s fees
and
expert witness
costs;
and
E.
Grant such
other and further relief as
this
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
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:___________
5
