Lisa Madigan
AFTORNFY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. William Warren, et al
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 truly yours,
J
I- Ll
-
J . L. Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 22, 2005
~l6
~ t~ ~G_
RECEIVED
CLERK'S OFFICE
DEC 2 7 2005
STATE OF ILLINOIS
Pollution Control Boaro
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 62901
•
(618) 529-6400
•
TTY. (618) 529-6403
•
Fax- (618) 529-6416
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 7 2005
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
(p
vs
.
)
PCB No
.
U~
(Enforcement)
WILLIAM WARREN and HALLECK
)
WARREN, d/b/a Hickory Shores
)
Resort, and HICKORY SHORES
)
RECREATIONS, LTD ., an Illinois
)
corporation,
)
Respondents
)
NOTICE OF FILING
To
:
William Warren
Halleck Warren
2890 Governors Drive
11021 West 96th Terrace
P.O. Box 189
Overland Park, KS 66214
Carlyle, IL 62231
Hickory Shore Recreations, Ltd
.
c/o Richard Stillwell, R.A .
2 West Broadway
Alton, IL 62002
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
.
STATE OF ILLINOIS
Pollution Control Board
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 Division
BY :
~ --~
L /l
J . L. HOMAN
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
2
CERTIFICATE OF SERVICE
I hereby certify that I did on December 22, 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 :
William Warren
Halleck Warren
2890 Governors Drive
11021 West 96" Terrace
P.O. Box 189
Overland Park, KS 66214
Carlyle, IL 62231
Hickory Shore Recreations, Ltd
.
c/o Richard Stillwell, R.A .
2 West Broadway
Alton, IL 62002
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
J L-- 4
~VY
J . L. Homan
Assistant Attorney General
This filing is submitted on recycled paper .
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFFICE
PEOPLE OF THE STATE OF
DEC 2 7 2005
)
ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control Board
Complainant,
)
VS .
)
PCB No .
()~
Ilk
(Enforcement)
WILLIAM WARREN and HALLECK
)
WARREN, d/b/a Hickory Shores
)
Resort, and HICKORY SHORES
)
RECREATIONS, LTD ., an Illinois
)
corporation,
)
Respondent
.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J . L. HOMAN,
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
Litigation Division
BY :
_
J L--
J . L. HOMAN
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
v .
PCB NO .
Ul0 `
(Enforcement)
WILLIAM WARREN and HALLECK
WARREN, d/b/a HICKORY SHORES
RESORT, and HICKORY SHORES
RECREATIONS, LTD ., an Illinois
corporation,
Respondents .
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondents, WILLIAM WARREN and HALLECK
WARREN, d/b/a HICKORY SHORES RESORT, and HICKORY SHORES RECREATIONS,
LTD., as follows
:
COUNT I
WATER POLLUTION
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 I1-CS 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 Board ("Board")
.
1
RECEIVED
CLERK'S OFFICE
DEC 2 7 2005
STATE OF ILLINOIS
Pollution Control Board
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondents with notice and the opportunity for a meeting with the
Illinois EPA
.
4 .
The Respondents, William Warren and Halleck Warren, have been the owners
and operators of a facility, Hickory Shores Resort ("the Resort"), until at least April 6, 2001 . The
Resort is located approximately one-quarter mile west and three-quarter miles south of the
Village of Keyesport in Clinton County, Illinois . William Warren's address is 2890 Governors
Drive, Post Office Box 189, Carlyle, Illinois 62231 . Halleck B. Warren's address is 11021 West
96` h Terrace, Overland Park, Kansas, 66214
.
5
.
The Respondent, Hickory Shore Recreations, Ltd ., was incorporated as an
Illinois corporation on April 6, 2001, and has been an owner of the Resort since that date . The
registered agent is Richard Stillwell, 2 West Broadway, Alton, Illinois, 62002
.
6
.
At all times relevant to this Complaint, the Resort was a campground designed to
serve one hundred and fifty campsites with water and electricity, two comfort stations with
showers, two sanitary dumping stations, an office building and a recreational clubhouse
.
7 .
The Resort also includes a wastewater treatment facility consisting of a ten
thousand gallons per day (10,000 gpd) septic tank, a dosing tank (approximately 1,480 gallon
capacity) with dual automatic dosing siphons, and a ten thousand (10,000) square foot buried
sand filter and effluent chlorinator. The chlorinator had been removed as of August 15, 2000
.
8 .
On August 28, 1997, Illinois EPA issued National Pollutant Discharge Elimination
System ("NPDES") permit # IL0061697 to the Resort . The permit had an expiration date of
August 31, 2002. On May 22, 2002, Illinois EPA reissued NPDES permit # IL0061697
.
2
9 .
The wastewater treatment facility discharges to Carlyle Lake, which is part of the
Kaskaskia River, and a surface water drinking supply . Carlyle Lake is a "waters" of the State as
that term is defined in Section 3.550 of the Act, 415 ILCS 5/3.550 (2004), as follows :
"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
.
10
.
Since September of 2002, the Defendants have violated their NPDES Permit
effluent limitations for ammonia nitrogen at the site as set forth below
:
3
DMR
PARAMETER
REPORTED VALUE
PERMIT LIMIT
Sept 2002
ammonia nitrogen
22.1 mg/I
1 .5 mg/I
Oct 2002
ammonia nitrogen
6.7 mg/I
1 .5 mg/I
Nov 2002
ammonia nitrogen
3.89 mg/I
2.3 mg/I
June 2003
ammonia nitrogen
8.19 mg/I
1 .5 mg/I
July 2003
ammonia nitrogen
6.52 mg/I
1 .5 mg/I
Aug 2003
ammonia nitrogen
12.9 mg/I
1 .5 mg/I
Sept 2003
ammonia nitrogen
11 .5 mg/I
1 .5 mg/I
Oct 2003
ammonia nitrogen
4.28 mg/I
1 .5 mg/I
May 2004
ammonia nitrogen
2.14 mg/I
1 .5 mg/I
June 2004
ammonia nitrogen
6.11 mg/I
1 .5 mg/I
July 2004
ammonia nitrogen
4.02 mg/I
1 .5 mg/I
Aug 2004
ammonia nitrogen
9.55 mg/I
1 .5 mg/I
Sept 2004
ammonia nitrogen
4.05 mg/I
1 .5 mg/I
May 2005
ammonia nitrogen
6 .11 mg/I
1 .5 mg/I
June 2005
ammonia nitrogen
16.0 mg/I
1 .5 mg/I
July 2005
ammonia nitrogen
2.05 mg/I
1 .5 mg/I
11
On August 15, 2000, the Illinois EPA field staff conducted an inspection of the
Resort and its wastewater treatment facility to ascertain the level of operation and maintenance
and to determine overall compliance .
12
.
On August 15, 2000, the plant effluent was not being chlorinated and
dechlorinated as required by the NPDES permit
.
13
.
On September 18, 2000, the Illinois EPA sent a Violation Notice ("VN") letter to
the Resort citing the failure to submit DMRs and Sludge Summary Reports, and the failure to
chlorinate and dechlorinate plant effluent
.
14
.
On December 27, 2000, HMG Engineers, on behalf of the Respondents, William
Warren and Halleck Warren, responded to the VN letter, representing that the disinfection
equipment would be installed and operational by May 1, 2001
.
15
.
On May 1, 2001, HMG Engineers notified Illinois EPA that the Resort would be
unable to meet the deadlines enumerated within the December 27, 2000, letter . HMG stated
that the permit application would be filed by May 14, 2001
.
16 .
On May 24, 2001, HMG Engineers stated that the permit application would be
filed by June 14, 2001
.
17
.
On November 1, 2001, HMG Engineers stated that the permit application would
be filed by November 23, 2001
.
18
.
On February 20, 2002, Illinois EPA finally received a permit application. On May
17, 2002, the permit was denied for several deficiencies
.
19
.
The DMRs for June and July 2002 reported results for fecal coliform of 3320 and
3450 counts/100 mL, because the disinfection equipment had not been installed, and the
Sludge Summary Report due July 2002 had not been submitted
.
4
20
.
On December 6, 2002, Illinois EPA received a permit application from HMG
Engineers. On December 10, 2002, Illinois EPA issued a construction permit
.
21
.
On December 11, 2002, Illinois EPA received a letter from HMG with a revised
compliance schedule indicating work should be completed on or before July 18, 2003
.
22 .
In the fall of 2003, and on a specific date better known to the Defendant, the
disinfection equipment was installed and came into operation
.
23
.
Section 12(a) and (f), 415 ILCS 5/12(a) and (f) (2004): provide
:
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 other sources, or so as to
violate regulations adopted by the Pollution Control Board under this Act
;
Cause, threaten or allow the discharge of any contaminants into the
waters of the State, as defined herein, including but not limited to, water
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 with respect to the NPDES program
.
24 .
Section 305.102 of the Board's Water Pollution Regulations, 35 III . Admin. Code
305.102 provides
:
a
.
Every person within this State operating a pretreatment
works, treatment works, or wastewater source shall submit
operating reports to the Agency at a frequency to be
determined by the Agency. "Agency" means the Illinois
Environmental Protection Agency . Such reports shall
contain information regarding the quantity of influent and
of effluent discharged, of wastes bypassed and of
combined sewer overflows; the concentration of those
physical, chemical, bacteriological and radiological
parameters which shall be specified by the Agency ;
information concerning the biological impact of the
5
discharge as specified by the Agency, pursuant to
Section 39 of the Act; and any additional information
the Agency may reasonably require . This reporting
requirement for pretreatment works shall only apply
to those pretreatment works which are required to
have a pretreatment permit or authorization to discharge
pursuant to 35 Ill. Adm. Code 310
.
b .
Every holder of an NPDES permit is required to comply
with the monitoring, sampling, recording and reporting
requirements set forth in the permit and this Chapter
.
25
.
The Respondents have discharged effluent to Carlyle Lake without complying
with the operational and reporting requirements of the NPDES permit, and the Board's
regulatory standards
.
26
.
By causing, allowing or threatening the discharge of contaminants to waters of
the State so as to cause or tend to cause water pollution in Illinois, or to violate the Board's
regulations or standards, the Respondents have violated Section 12(a) of the Act, 415 ILCS
5/12(a)(2004)
.
27
.
These violations have occurred repeatedly since at least September 2002
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents, WILLIAM WARREN and
HALLECK WARREN, d/b/a HICKORY SHORES RESORT, and HICKORY SHORES
RECREATIONS, LTD .
:
A
.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B .
Finding that Respondents have violated the Act and regulations as alleged
herein ;
6
C
.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations
;
D .
Assessing against Respondents 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
;
E
.
Awarding to Complainant its costs and reasonable attorney's fees ; and
F .
Granting such other relief as the Board may deem appropriate
.
COUNT 11
REPORTING VIOLATIONS
1-23 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 23 of Count I as paragraphs 1 through 23 of this Count II
.
24 .
The Respondents' NPDES Permit No . IL0061607 provides, in pertinent part
:
SPECIAL CONDITION 7
.
For the duration of this Permit, the
Permittee shall determine the quantity of sludge produced by
the treatment facility in dry tons or gallons with average
percent total solids analysis. The Permittee shall maintain
adequate records of the quantities of sludge produced and
have said records available for IEPA inspection . The
Permittee shall submit to the IEPA, at a minimum, a semi-
annual summary report of the quantities of sludge generated
and disposed of, in units of dry tons or gallons (average total
percent solids) by different disposal methods including but
not limited to application on the farmland, application on
reclamation land, landfilling, public distribution, dedicated
land disposal, sod farms, storage lagoons or any other
specified disposal method . Said reports shall be submitted
to the IEPA by January 31 and July 31 of each year reporting
the preceding January thru June and July thru December
interval of sludge disposal operation
.
SPECIAL CONDITION 8
.
The Permittee shall record monitoring
results on Discharge Monitoring Report Forms using one such
form for each outfall each month
.
In the event that an outfall does not discharge during a monthly
7
reporting period, the DMR form shall be submitted with no
discharge indicated
.
The completed Discharge Monitoring Report forms shall be
submitted to IEPA no later than the 15' h day of the following
month, unless otherwise specified by the permitting authority
25 .
The Respondents, William Warren and Halleck Warren, have failed to submit or
timely submit the Discharge Monitoring Reports (DMRs) as required by the NPDES permit,
itemized as follows
:
26
.
The Respondents, William Warren and Halleck Warren, have failed to submit the
Sludge Summary Reports as required by the NPDES permit, itemized as follows
:
8
DMR
Due Date
Received Date
January 2000
2/15/00
11/27/00
February 2000
3/15/00
11/27/00
March 2000
4/15/00
11/27/00
April 2000
5/15/00
11/27/00
May 2000
6/15/00
11/27/00
June 2000
7/15/00
11/27/00
July 2000
8/15/00
9/27/05
August 2000
9/15/00
11/27/00
September 2000
10/15/00
11/27/00
October 2000
11 /15/00
11 /27/00
November 2000
12/15/00
Not received
December 2000
1/15/01
Not received
January 2001
2/15/01
2/20/01
February 2001
3/15/01
4/13/01
March 2001
4/15/01
4/16/01
April 2001
5/15/01
Not received
May 2001
6/15/01
Not received
27 .
From at least August 15, 2000, until September 27, 2005, the Respondents have
failed to submit or to timely submit some sludge summary reports as required by Special
Condition 7 of the NPDES Permit in violation of 35 III . Adm. Code 305 .102(a) and (b)
.
28 .
From at least August 15, 2000, until September 27, 2005, the Respondents failed
to submit or to timely submit some DMRs as required by Special Condition 8 of the NPDES
Permit in violation of 35 III . Adm. Code 305.102(a) and (b)
.
29
.
By violating 35 III . Adm. Code 305.102(a) and (b), Respondents have violated
Section 12(f) of the Act, 415 ILCS 5/12(f)(2004)
.
30
.
These violations have occurred repeatedly since at least August 15, 2000
.
9
Sludge Summary Report
Due Date
Received Date
July-Dec 1997
1/31/98
11/27/00
Jan-June 1998
7/31/98
11/27/00
July-Dec 1998
1/31/99
11/27/00
Jan-June 1999
7/31/99
11/27/00
July-Dec 1999
1/31/00
11/27/00
Jan-June 2000
7/31/00
11/27/00
July-Dec 2000
1/31/01
Not received
Jan-June 2001
7/31/01
Not received
July-Dec 2001
1/31/02
2/14/02
Jan-June 2002
7/31/02
9/27/05
July-Dec 2002
1/31/03
9/27/05
Jan-June 2003
7/31/03
9/27/05
July-Dec 2003
1/31/04
9/27/05
Jan-June 2004
7/31/04
9/27/05
July-Dec 2004
1/21/05
9/27/05
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents, WILLIAM WARREN and
HALLECK WARREN, d/b/a HICKORY SHORES RESORT, and HICKORY SHORES
RECREATIONS, LTD
.
:
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B .
Finding that Respondents have violated the Act and regulations as alleged
herein
;
C
.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations
;
D .
Assessing against Respondents 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
;
E
.
Awarding to Complainant its costs and reasonable attorney's fees ; and
F
.
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,
Of Counsel
1 0
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
J .L. Homan
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
:
II
