Lisa Madigan
AFIGRNEYGENERAL
December 27, 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. Strata Geologic Services, 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 truly yours,
Thomas Davis, Chief
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
TD/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 62901
•
(618) 529-6400
•
TFY (618) 529-6403
•
Fax: (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
qt
t
RECEIVED
DEC 2 9 2005
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOAFA% 1ECEIVED
LEAK'S OFFICE
PEOPLE OF THE STATE OF
)
DEC 2 9 2905
ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs
.
)
PCB No
. O(o-I
(
(Enforcement)
STRATA GEOLOGIC SERVICES, INC .,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To :
STRATA GEOLOGIC SERVICES,
INC .
an Illinois corporation
c/o Roseanne M. Miller, R.A .
8281 North Unity Road
Lena, IL 61048
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 Division
BY
:
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 27, 2005
2
CERTIFICATE OF SERVICE
I hereby certify that I did on December 27, 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 :
STRATA GEOLOGIC SERVICES,
INC .
an Illinois corporation
c/o Roseanne M. Miller, R.A .
8281 North Unity Road
Lena, IL 61048
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
.
Thomas Davis, Chief
Assistant Attorney General
RECEIVED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 9 2005
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
VS .
)
PCB No .
(Enforcement)
STRATA GEOLOGIC SERVICES, INC
.,
)
an Illinois corporation,
)
Respondent
.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, RAYMOND J
.
GALLERY, Assistant Attorney General of the State of Illinois,
hereby enters 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
Liti
ion Division
BY :
RAYMOND J
.
ALLERY
Environment I Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 27, 2005
RECEIVED
C
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
2
9 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs .
)
PCB No . (]~p 4
(Enforcement)
STRATA GEOLOGIC SERVICES, 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, STRATA GEOLOGIC SERVICES,
INC., an Illinois corporation, as follows
:
COUNT I
REPORTING VIOLATIONS-AUGUST 2000 RELEASE
1
.
This Complaint is brought on behalf of the People of the State of Illinois, by Lisa
Madigan, the 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 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 .
3
.
The Respondent, Strata Geologic Services, Inc . ("Strata'), is, at all times
relevant to this Complaint, an Illinois corporation in good standing
.
4 .
Section 57 .6 of the Act, 415 ILCS 5/57.6 (2004), provides , in pertinent part, as
follows
:
(a)
Owners and operators of underground storage tanks shall, in response to all
confirmed releases, comply with all applicable statutory and regulatory reporting and
response requirements
.
1
follows :
5
.
Section 57.7 of the Act, 415 ILCS 5/57.7 (2004), provides
, in pertinent part, as
(a)
Physical soil classification and groundwater investigation
.
(3)
Within 30 days of completion of the physical soil
classification or groundwater investigation report the owner or
operator shall submit to the Agency
:
(A)
all physical soil classification and
groundwater investigation results; and
(B)
a certification by a Licensed Professional
Engineer of the site's classification as High
Priority, Low Priority, or No Further Action in
accordance with subsection (b) of this
Section as High Priority, Low Priority, or No Further
Action
.
(b)
Site Classification
.
(1)
After evaluation of the physical soil classification and groundwater
investigation results, when required, and general site information, the site shall
be classified as "No Further Action", "Low Priority", or "High Priority" based on
the requirements of this Section . Site classification shall be determined by a
Licensed Professional Engineer in accordance with the requirements of this Title
and the Licensed Professional Engineer shall submit a certification to the Agency
of the site classification. The Agency has the authority to audit site classifications
and reject or modify any site classification inconsistent with the requirements of
this Title
.
6
.
Section 731 .112 of the Pollution Control Board's Waste Disposal Regulations, 35
III. Adm. Code 731 .112, includes the following definitions
:
"Operator" means any person in control of, or having responsibility for, the daily
operation of the UST system
.
"Owner" means
:
In the case of an UST system in use on November 8, 1984, but no longer in use
on that date, any person who owns an UST system used for storage, use or
dispensing of regulated substances ; and
In the case of any UST system in use before November 8, 1984, but no longer in
use on that date, any person who owned such UST immediately before the
2
discontinuation of its use .
"Person" means an individual, trust, firm joint stock company, federal agency,
corporation, state, unit of local government, commission, political subdivision of a
state or an interstate body. Person, also includes a consortium, a joint venture,
a commercial entity and the United States Government
.
"Release" means any spilling, leaking, emitting, discharging, escaping, leaching
or disposing from an UST into groundwater, surface water or subsurface
soils .
"Tank" is a stationary device designed to contain an accumulation of regulated
substances and constructed of non-earthen materials (e .g ., concrete, steel,
plastic) that provide structural support
.
"Underground area" means an underground room, such as a basement, cellar
shaft or vault, providing enough space for physical inspection of the exterior of
the tank situated on or above the surface of the floor
.
"Underground release" means any below-ground release
.
"Underground storage tank" or "UST" means any one or combination of tanks
(including underground pipes connected thereto) which is used to contain an
accumulation for regulated substances, and the volume of which (including the
volume of the underground pipes connected thereto)is ten per centum or more
beneath the surface on the ground
.
7
.
Section 732.100 of the Pollution Control Board's Waste Disposal Regulations, 35
III. Adm. Code 732.100, provides, in pertinent part, as follows
:
•
4 !
c)
Owners or operators subject to this Part by law or by election shall
proceed expeditiously to comply with all requirements of the Act and the
regulations and to obtain the No Further Remediation Letter signifying final
disposition of the site for purposes of this Part. The Agency may use its
authority pursuant to the Act and Section 732 .105 of this Part to expedite
investigative, preventive or corrective action by an owner or operator or to initiate
such action .
8 .
Section 732.200 of the Pollution Control Board's Waste Disposal Regulations, 35
Ill. Adm. Code 732 .200, provides as follows :
3
Owners and operators of underground storage tanks shall, in
response to all confirmed releases of petroleum, comply with all
applicable statutory and regulatory reporting and response
requirements. (Section 57 .6(a) of the Act) No work plan shall be
required for conducting early action activities
.
9 .
Section 732 .202 of the Pollution Control Board's Waste Disposal Regulations, 35
III. Adm. Code 732 .202, provides, in pertinent part, as follows
:
a)
Upon confirmation of a release of petroleum from a UST system in
accordance with the regulations promulgated by the OSFM, the owner
or operator, or both, shall perform the following initial response actions
within 24 hours after the release
:
1)
Report the release to IEMA (e.g ., by telephone or electronic
mail)
;
2)
Take immediate action to prevent any further release of the
regulated substance to the environment; and
3)
Identify and mitigate fire, explosion and vapor hazards
.
b)
Within 20 days after confirmation of a release of petroleum from a UST
system in accordance with regulations promulgated by the OSFM, the
owner or operator shall perform the following initial abatement measures
:
1)
Remove as much of the petroleum from the UST system as is
necessary to prevent further release into the environment
;
2)
Visually inspect any above ground releases or exposed below
ground releases and prevent further migration of the released
substance into surrounding soils and groundwater
;
3)
Continue to monitor and mitigate any additional fire and safety
hazards posed by vapors or free product that have migrated from
the UST excavation zone and entered into subsurface structures
(such as sewers or basements)
;
4)
Remedy hazards posed by contaminated soils that are excavated
or exposed as a result of release confirmation, site investigation,
abatement or corrective action activities. If these remedies
include treatment or disposal or soils, the owner or operator shall
comply with 35 III . Adm. Code 722, 724, 725, and 807 through
815 ;
5)
Measure for the presence of a release where contamination is
most likely to be present at the UST site, unless the presence
4
and source of the release have been confirmed in accordance
with regulations promulgated by the OSFM . In selecting sample
types, sample locations, and measurement methods, the owner
or operator shall consider the nature of the stored substance,
the type of backfill, depth to groundwater and other factors as
appropriate for identifying the presence and source of the
release; and
6)
Investigate to determine the possible presence of free product,
and begin free product removal as soon as practicable and in
accordance with Section 732.203
.
c)
Within 20 days after confirmation of a release of petroleum from a UST
system in accordance with regulations promulgated by the OSFM,
owners or operators shall submit a report to the Agency summarizing the
initial abatement steps taken under subsection (b) above and any
resulting information or data. The report shall be submitted on forms
prescribed by the Agency or in a similar format containing the same
information
.
d)
Owners or operators shall assemble information about the site and the
nature of the release, including information gained while confirming the
release or completing the initial abatement measures in subsections (a)
and (b) above . This information must include, but is not limited to, the
following
:
1)
Data on the nature and estimated quantity of release
;
2)
Data from available sources or site investigations concerning the
following factors : surrounding populations, water quality, use and
approximate locations of wells potentially affected by the release,
subsurface soil conditions, locations of subsurface sewers,
climatological conditions and land use
;
3)
Results of the site check required at subsection (b)(5) of this
Section
;
4)
Results of the free product investigations required at subsection
(b)(6) of this section, to be used by owners or operators to
determine whether free product must be recovered under Section
732.203 .
e)
Within 45 days after confirmation of a release of petroleum from a UST
system in accordance with regulations promulgated by the OSFM,
owners or operators shall submit to the Agency the information collected
in compliance with subsection (d) above in a manner that demonstrates
5
its applicability and technical adequacy . The information shall be
submitted on forms prescribed by the Agency or in a similar format
containing the same information
.
10
.
Section 732 .300 of the Pollution Control Board's Waste Disposal Regulations, 35
III. Adm. Code 732.300, provides, in pertinent part, as follows
:
a)
Except as provided in subsection (b) of this Section, the owner or
operator of any site subject to this Part shall evaluate and classify the site
in accordance with the requirements of this Subpart C . All such sites
shall be classified as No Further Action, Low Priority or High Priority
.
Site
classifications shall be based on the results of the site evaluation,
including, but not limited to, the physical soil classification and the
groundwater investigation, if applicable
.
11
.
Section 732.307 of the Pollution Control Board's Waste Disposal Regulations, 35
III. Adm. Code 732 .307, provides, in pertinent part, as follows
:
a)
Except as provided in Section 732 .300(b), or unless an owner or operator
elects to classify a site under Section 732 .312, the owner or operator of
any site for which a release of petroleum has been confirmed in
accordance with regulations promulgated by the OSFM and reported to
IEMA shall arrange for site evaluation and classification in accordance
with the requirements of this Section . A Licensed Professional Engineer
(or, where appropriate, persons working under the direction of a Licensed
Professional Engineer) shall conduct the site evaluation. The results of
the site evaluation shall provide the basis for determining the site
classification. The site classification shall be certified by the supervising
Licensed Professional Engineer .
b)
As a part of each site evaluation, the Licensed Professional Engineer
shall conduct a physical soil classification in accordance with the
procedures at subsection (c) or (d) of this Section. Except as provided in
subsection (e) of this Section, all elements of the chosen method of
physical soil classification must be completed for each site
.
In addition to
the requirement for a physical soil classification, the Licensed
Professional Engineer shall, at a minimum, complete the requirements at
subsections (f) through
0)
of this Section before classifying a site as High
Priority or Low Priority and subsection (f) through (I) of this Section
before classifying a site as No Further Action
.
12
.
Section 732.309 of the Pollution Control Board's Waste Disposal Regulations, 35
Ill. Adm. Code 732.309, provides, in pertinent part, as follows
:
6
a)
Within 30 days after the completion of a site evaluation in accordance
with Section 732 .307, the owner or operator shall submit to the Agency a
site classification completion report addressing all applicable elements of
the site evaluation . The report shall contain all maps, diagrams, and any
other information required by Section 732 .307, as well as the results or
conclusions of all surveys and investigations and any documentation
necessary to demonstrate those results or conclusions . The report shall
be submitted on forms prescribed and provided by the Agency, shall be
signed by the owner or operator, and shall contain the certification of a
Licensed Professional Engineer of the site's classification as No Further
Action, Low Priority or High Priority in accordance with this Subpart C
.
13
.
Strata was at all times relevant to this Complaint the owner of an underground
storage tank system located at 3801 14'h Avenue, Rock Island, Rock Island County, Illinois .
14 .
Strata removed the Rock Island underground storage tank system on August 28,
2000, and determined that there had been a release of gasoline from one of the tanks
.
15 .
Strata reported and confirmed the release to the Illinois Emergency Management
Agency on August 28, 2000
.
16 .
Strata submitted a report dated September 11, 2000, to the Illinois EPA
summarizing the initial abatement steps taken under 35 Ill. Adm. Code 732.202(c), this report
was due within 20 days after the confirmation of the release, to wit : September 17, 2000
.
17 .
Strata submitted a report dated October 15, 2000, to the Illinois EPA providing
the information required by 35 III . Adm. Code 732.202(d). The Illinois EPA received this report
on November 30, 2000. Pursuant to 35 III. Adm. Code 732.202(c), this report was due within 45
days after the confirmation of the release, to wit: October 12, 2000
.
18
.
Strata timely submitted a site certification work plan required by 35 III . Adm
.
Code 732.301 to Illinois EPA on February 13, 2001
.
19 .
On May 30, 2001, the Illinois EPA approved the work plan and directed Strata to
submit the site classification completion report required by 35 III . Adm. Code 732.309(a) no later
than August 28, 2001
.
7
20 .
When the Illinois EPA did not receive the site classification completion report, it
sent a violation notice to Strata on April 18, 2002
.
21
.
Strata submitted a site classification completion report dated July 3, 2002, to the
Illinois EPA. The Illinois EPA received this report on August 30, 2002, and rejected it on
September 27, 2002 .
22 .
Strata submitted an amended site classification completion report dated October
21, 2002, to the Illinois EPA. The Illinois EPA received this revised report on October 24, 2002,
and subsequently approved it
.
23 .
By failing to timely submit the reports, Strata has violated 35 III . Adm. Code
732.202(c), 732.202(e) and 732 .309(a), and Section 57.6(a) of the Act, 415 ILCS
5157.6(a)(2004) .
24 .
These violations were knowingly or willfully committed by Strata, and
Complainant is authorized to seek attorney's fees and costs pursuant to Section 42(f) of the
Act, 415 ILCS 5/42(f) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that this Board grant the following relief
:
A .
Find that Respondent, Strata Geologic Services, Inc ., has violated Section
57.6(a) of the Act, 415 ILCS 5/57 .6(a)(2004), and 35 III . Adm. Code 732.202 and 732 .309(a)
;
B .
Order the Respondent to cease and desist from further violations of the Act and
associated regulations
;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a)(2004), and after the
adjudication of the violations, impose upon the Respondent a monetary penalty of not more
8
than the statutory maximum
;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5142(f)(2004), and after the
adjudication of the violations, award the Complainant its costs in this matter, including
reasonable attorney's fees and expert witness costs ; and
E
.
Grant such other and further relief as the Board deems appropriate
.
COUNTII
FAILURE TO INVESTIGATE AND REMEDIATE SITE
AUGUST2000 RELEASE
1-22 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 22 of Count I as paragraphs 1 through 22 of this Count II
.
23 .
By delaying the submittal of the required reports, Strata has failed to proceed
expeditiously to comply with all requirements of the Act and the regulations regarding site
evaluation and classification, including physical soil classification and groundwater
investigation, and has violated 35 III. Adm. Code 732.100(c), 732.300(a), 732.307(a), and
732.307(b), and Section 57.6(a) of the Act, 415 ILCS 5157.6(a)(2004) .
24 .
By failing to submit a physical soil classification and groundwater investigation
report to the Illinois EPA, Strata has violated Section 57 .6(a) of the Act, 415 ILCS
5157.6(a)(2004)
.
25
.
By failing to timely classify the site, Strata has violated Section 57 .7(b)(1) of the
Act, 415 ILCS 5/57.7(b)(1)(2004) .
26
.
These violations were knowingly or willfully committed by Strata, and
Complainant is authorized to seek attorney's fees and costs pursuant to Section 42(f) of the
Act, 415 ILCS 5/42(f)(2004)
.
PRAYER FOR RELIEF
9
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that this Board grant the following relief
:
A .
Find that Respondent, Strata Geologic Services, Inc ., has violated Section
57.6(a) of the Act, 415 ILCS 5157 .6(a)(2004), and 35 III . Adm. Code 732.202 and 732.309(a)
;
B
.
Order the Respondent to cease and desist from further violations of the Act and
associated regulations ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a)(2004), and after the
adjudication of the violations, impose upon the Respondent a monetary penalty of not more
than the statutory maximum
;
D
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5142(f)(2004), and after the
adjudication of the violations, award the Complainant its costs in this matter, including
reasonable attorney's fees and expert witness costs ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNTIII
REPORTING VIOLATIONS-JUNE 2003 RELEASE
1-12. Complainant realleges and incorporates herein by reference paragraph 1 through
22 of Count III as paragraphs 1 through 22 of this Count III
.
13
.
Strata was at all times relevant to this Complaint the owner of an underground
storage tank system located at 210 East
1It
Street, Milan, Rock Island County, Illinois
.
14
.
On June 12, 2003, a gasoline leak from the Milan underground storage tank
system was reported by Strata to Illinois Emergency Management Agency .
15
.
Pursuant to 35 III. Adm. Code 732 .202(c) a report to the Illinois EPA summarizing
the initial abatement steps taken under 35 III. Adm. Code 732 .202(b) was due within 20 days
after the release, to wit : July 2, 2003
.
1 0
16 .
Pursuant to 35 III. Adm. Code 732 .202(e) a report to the Illinois EPA summarizing
the information collected in compliance with 35 111 . Adm. Code 732 .202(d) was due within 45
days after the release, to wit : July 27, 2003
.
17 .
Strata submitted neither the 20 day report nor the 45 day report . No further
information has been submitted to the Illinois EPA regarding the June 2003 release
.
18 .
On October 8, 2003, Illinois EPA sent a Violation Notice ("VN") to Strata pursuant
to the requirements of Section 31 (a) of the Act. The Illinois EPA did not receive any response
to the VN .
19
.
On June 15, 2004, the Illinois EPA sent a Notice of Intent to Pursue Legal Action
("NIPLA") to Strata, pursuant to Section 31(b) of the Act. The Illinois EPA did not receive a
response to the NIPLA .
20
.
By failing to submit the required reports, Strata has violated 35 III . Adm. Code
732.202(c), and 732.202(e), and Section 57.6(a) of the Act, 415 ILCS 5157.6(a)(2004) .
21
.
These violations were knowingly or willfully committed by Strata, and Complainant
is authorized to seek attorney's fees and costs pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f)(2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that this Board grant the following relief
:
A .
Find that Respondent, Strata Geologic Services, Inc., has violated Section
57.6(a) of the Act, 415 ILCS 5/57 .6(a)(2004), and 35 III. Adm. Code 732.202
;
B
.
Order the Respondent to cease and desist from further violations of the Act and
associated regulations
;
C
.
Pursuant to Section 42(a) of the Act, 415 ILCS 5142(a)(2004), and after the
1 1
adjudication of the violations, impose upon the Respondent a monetary penalty of not more
than the statutory maximum
;
D
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5142(f)(2004), and after the
adjudication of the violations, award the Complainant its costs in this matter, including
reasonable attorney's fees and expert witness costs ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNT IV
FAILURE TO INVESTIGATE AND REMEDIATE SITE
JUNE2003 RELEASE
1-12 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 22 of Count I as paragraphs 1 through 12 of this Count IV
.
13-19
.
Complainant realleges and incorporates herein by reference paragraphs 13
through 19 of Count III as paragraphs 13 through 19 of this Count IV
.
20
.
By failing to demonstrate that immediate action to prevent any further release
of the regulated substance into the environment was taken and by failing to identify and
mitigate fire, explosion and vapor hazards, Strata has violated 35 III . Adm. Code 732.202(a) and
Section 57 .6(a) of the Act, 415 ILCS 5157.6(a)(2004)
.
21
.
By failing to demonstrate that the required initial abatement measures have
been adequately addressed, Strata has violated 35 III. Adm. Code 732.202(b) and Section
57.6(a) of the Act, 415 ILCS 5/57 .6(a)(2004)
.
22
.
These violations were knowingly or willfully committed by Strata, and
Complainant is authorized to seek attorney's fees and costs pursuant to Section 42(f) of the
Act, 415 ILCS 5/42(f)(2004)
.
PRAYER FOR RELIEF
1 2
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that this Board grant the following relief
:
A
.
Find that Respondent, Strata Geologic Services, Inc., has violated Section
57.6(a) of the Act, 415 ILCS 5157 .6(a)(2004), and 35 III . Adm. Code 732.202 ;
B .
Order the Respondent to cease and desist from further violations of the Act and
associated regulations
;
C
.
Pursuant to Section 42(a) of the Act, 415 ILCS 5142(a)(2004), and after the
adjudication of the violations, impose upon the Respondent a monetary penalty of not more
than the statutory maximum ;
D
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5142(f)(2004), and after the
adjudication of the violations, award the Complainant its costs in this matter, including
reasonable attorney's fees and expert witness costs ; and
E
.
Grant such other and further relief as the Board deems appropriate
.
Respectfully submitted,
Of Counsel
Raymond J . Callery
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782
-
9031
Dated : l y/-2 3
o ~`-
1 3
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
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
