ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 12, 2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
-vs-
)
PCB No .
BELVIDERE NATIONAL BANK and TRUST
)
(Enforcement
- Water)
COMPANY TRUST NUMBER 1600, a trust,
)
CORDRAY BROTERS, INC., an Illinois
,
)
corporation, and as sole beneficiary of
)
TRUST NO . 1600,
)
Respondents .
)
NOTICE OF FILING
TO :
See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, a copy of which is
attached and hereby 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 the 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
.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental facilities financing act [20 ILCS 3515/1 et seq.] to correct the alleged pollution
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
A omey eneral of the State of Illinois
BY :
,u
SS
~
•
.
44,
.
AULA ECKER WHEELER
Assistant Attorney General, EBN
188 W. Randolph St., 20'h Floor
Chicago, Illinois 60601
DATE: April 12, 2006
312-814-1511
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, APRIL 12, 2006
*'
PCB 2006-157
SERVICE LIST
Mr. Donald B. Larson, P.C .
Attorney at Law
Attorney for Respondents
215 South State Street
Belvidere, Illinois 61008
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CERTIFICATE OF SERVICE
I, PAULA
BECKER WHEELER,
an attorney, do certify that I
caused to be served this 12th day of April, 2006, the foregoing
Complaint and Notice of Filing upon the person(s) listed on said
Notice, by Certified Mail and U .S
.
MAIL
.
Atl~
PAULA
BECKER WHEELER
Assistant Attorney General
Date
: April
12,
2006
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, APRIL 12, 2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs
.
BELVIDERE NATIONAL BANK and TRUST
COMPANY TRUST NUMBER 1600, a trust,
CORDRAY BROTHERS, INC ., an
Illinois corporation, and as sole
beneficiary of TRUST NO . 1600
No . PCB
(Enforcement - Water)
Respondents
.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondents, Belvidere National Bank and Trust Company Trust
Number 1600, Cordray Brothers, Inc ., an Illinois corporation, and
as sole beneficiary of Trust No . 1600, as follows
:
COUNT I
WATER POLLUTION
1 . This Complaint is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of the State
l
of Illinois, 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 administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
1
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ILCS 5/4
(2004),
and charged,
inter alia, with the duty of
enforcing the Act. The Illinois EPA is further charged with the
duty to abate violations of the National Pollutant Discharge
Elimination System ("NPDES") permit program under the Federal
Clean Water Act
("CWA"),
33 U.S .C. § 1342(b)(7)(2004)
.
3 . At all times relevant to this Complaint, Respondent,
Cordray Brothers, Inc ., ("Cordray") was and is an Illinois
corporation located in Belvidere, Boone County, Illinois . The
corporate office is located at 454 North Appleton Road,
Belvidere, Boone County, Illinois
.
4 . At all times relevant to this Complaint, Belvidere
National Bank and Trust Company Trust Number 1600("Cordray Trust
No . 1600") was and is a trust created pursuant to a Trust
Agreement originally dated August 30, 1995
.
5
.
At all times relevant to this Complaint, Cordray Trust
Number 1600 was and is currently the record owner of
approximately 25 vacant acres of land on Route 20, located in
Bonus Township, the Northwest 1/4 of Section 33, Township 44
North, Range 4 East, east of the City of Belvidere and east of
Coon Creek, on the north side of Route 20 and south of the
Kishwaukee River, in Boone County, Illinois ("South Parcel")
.'
6
.
At all times relevant to this Complaint, Cordray
Brothers, Inc . is and was the sole beneficiary of Cordray Trust
No . 1600
.
2
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7
.
At all times relevant to this Complaint, Respondent,
Cordray Brothers, Inc .,
owned and operated and continues to own
and operate a quarry for sand and gravel production . The site of
the quarry encompasses approximately 45 acres of land and is
located in Bonus Township, the Southwest 1/4 of Section 28,
Township 44 North, Range 4 East, east of the City of Belvidere,
west of Epworth Road, and immediately across the Kishwaukee River
from the South Parcel, in Boone County, Illinois ("North
Parcel")
.
8 . Storm water from the South Parcel discharges to the
Kishwaukee River and/or Coon Creek
.
9 . Section 3 .550 of the Act, 415 ILCS 5/3 .550 (2004),
contains the following definition
:
"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 . The Kishwaukee River and Coon Creek, are both "waters"
of the State of Illinois as that term is defined in Section 3 .550
of the Act, 415 ILCS 5/3 .550 (2004)
.
11 . On or about July 1, 2004 and continuing until November
20, 2004, Respondent Cordray deposited soil in large stockpiles
from its adjacent quarry operations onto the South Parcel without
utilizing any erosion controls to contain the soil
.
3
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12
.
Respondents' containment measures were not sufficient
to prevent
the threat
of
silt discharges from the South Parcel
into the nearby Kishwaukee River and Coon Creek
.
13 . Respondents' placement of the soils from the adjacent
quarry onto the South Parcel, was not covered under any general
NPDES storm water permit for construction site activities
.
Further, Respondents' did not implement any storm water pollution
prevention plan to establish erosion controls on the South
Parcel
.
14 . Section 12(a) of the Act, 415
ILCS
5/12(a)(2004),
provides as follows
:
No person shall
:
a
.
Cause or threaten or allow the discharge of any
contaminant 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
.
15 . Section 3 .315 of the Act, 415
ILCS
5/3 .315 (2004),
provides the following definition
:
"PERSON" is any individual, partnership, co-
partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust,
estate, political subdivision, state agency or any
other legal entity, or their legal representative,
agent or assigns
.
16 . Respondents, Cordray Trust Number No . 1600, and Cordray
Brothers, Inc ., a corporation, are "persons" as that term is
defined in Section 3.315 of the Act, 415
ILCS
5/3 .315 (2004)
.
4
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17
.
Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004),
provides the following definition
:
"CONTAMINANT" is any solid, liquid or gaseous matter,
any odor or any form of energy, from whatever source
.
18 . Silt-laden storm water is a contaminant as that term is
defined in Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004)
.
19 . 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 of 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
.
20 . The silt-laden storm water which threatened to flow
from the South Parcel into the Kishwaukee River and/or Coon
Creek, would alter the physical, thermal, chemical, or
radioactive properties of the River and Creek and would be likely
to render it harmful, detrimental or injurious to wild animals,
birds, fish, and other aquatic life, or would be likely to create
a nuisance
.
21 . By threatening or allowing the discharge of silt-laden
storm water from the South Parcel into the Kishwaukee River and
Coon Creek so as to tend to cause water pollution, Respondents
violated section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
5
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WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests
that
the Board enter an order against
Respondents,
BELVIDERE NATIONAL BANK and TRUST COMPANY TRUST
NUMBER
1600,
CORDRAY BROTHERS,
INC .,
an Illinois corporation,
and
as sole beneficiary of Trust No . 1600, on this Count I
:
1
.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein
;
2
.
Finding that Respondents have violated Section 12(a) of
the Act, 415 ILCS 5/12(a)(2004)
;
3 . Ordering the Respondents to cease and desist from any
further violations of section 12(a) of the Act, 415 ILCS 5/12(a)
(2004)
;
4
.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000 .00) against Respondents for each violation of Section
12(a) of the Act, and an additional penalty of Ten Thousand
Dollars ($10,000 .00) per day for each day of each violation ;
5
.
Ordering Respondents to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert witnesses
and consultant fees expended by the State in its pursuit of this
action ; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
6
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COUNT II
CREATING A WATER POLLUTION HAZARD
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 . Section 12(d) of the Act, 415 ILCS 5/12(d) (2004),
provides as follows
:
No person shall
:
(d) Deposit any contaminant upon the land in such
place and manner as to create a water pollution
hazard
.
22 . Respondents placed large dirt stockpiles on the South
Parcel . Dirt and silt from Respondents stockpiles threatened to
run offsite and flow into the Kishwaukee River and/or Coon Creek
.
23 . By allowing large dirt stockpiles, a contaminant, to
accumulate on the South Parcel adjacent to the Kishwaukee River
and Coon Creek, Respondents created a water pollution hazard and
thereby violated Section 12(d) of the Act, 415 ILCS
5/12 (d) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents, BELVIDERE NATIONAL BANK and TRUST .COMPANY TRUST
NUMBER 1600, CORDRAY BROTHERS, INC ., an Illinois corporation, and
as sole beneficiary of Trust No . 1600, on this Count II
:
1
.
Authorizing a hearing in this matter at which time the
7
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Respondent will be required to answer the allegations herein
;
2
.
Finding that the Respondents have violated section
12(d) of the Act, 415 ILCS 5/12(d)(2004)
;
3
.
Ordering the Respondent to cease and desist from any
further violations of Section 12(d) of the Act, 415 ILCS
5/12(d) (2004)
;
4
.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000 .00) against Respondents for each violation of Section
12(d) of the Act and pertinent regulations, and an additional
penalty of Ten Thousand Dollars ($10,000 .00) per day for each day
of each violation ;
5
.
Ordering Respondents to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert .witnesses
and consultant fees expended by the State in its pursuit of this
action ; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT III
FAILURE TO OBTAIN A NPDES PERMIT
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 12(f) of the Act, 415 ILCS 5/12(f)(2004),
provides as follows
:
No person shall
:
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(f)
Cause, threaten,
or allow the discharge of any
contaminant
into the waters of the State,
as
defined herein, including but not limited
to,
any
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 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 .
22 . Section 309 .102(a) of the Board Water Pollution
regulations, 35 Ill . Adm. Code 309 .102(a), provides as follows
:
NPDES Permit Required
a
Except as in compliance with the provisions of the
Act, Board regulations, and the CWA, 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
.
23 . From July 1, 2004, when Respondents first started
accumulating dirt stockpiles on the South Parcel until December
27, 2004, Respondents did not have a general NPDES storm water
permit
.
24. By threatening to allow and/or allowing storm water
discharges from the South Parcel without first obtaining coverage
under the general NPDES storm water permit, Respondents violated
Section 12(f) of the Act, 415 ILCS 5/12(f)(2004) and 35 Ill . Adm .
Code 309 .102(a)
.
9
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WHEREFORE, Complainant, PEOPLE OF
THE STATE OF ILLINOIS,
respectfully requests, that the Board enter an order against
Respondents, BELVIDERE NATIONAL BANK and TRUST COMPANY TRUST
NUMBER 1600, CORDRAY BROTHERS, INC., an Illinois corporation, and
as sole beneficiary of Trust No . 1600, on this Count III
:
1
.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein
;
2
.
Finding that Respondents have violated Section 12(f) of
the Act, 415 ILCS 5/12(f)(2004) and 35 Ill . Adm . Code 309 .102(a)
;
3 . Ordering the Respondents to cease and desist from any
further violations of Section 12(f) of the Act, 415 ILCS 5/12(f)
(2004) and 35 Ill . Adm. Code 309 .102(a)
;
4 . Assessing against the Respondents a civil penalty of
Ten Thousand Dollars ($10,000 .00) per day for each .day of each
violation
;
5
.
Ordering Respondents to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert witnesses
and consultant fees expended by the State in its pursuit of this
action; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
10
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COUNT IV
FAILURETO OBTAIN A MINING PERMIT
1
.
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 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), and against the
Respondent, CORDRAY BROTHERS, INC., an Illinois corporation
.
2-9. Complainant realleges and incorporates by reference
herein paragraphs 2,3,7,9,10, and 14 through 16 of Count I as
paragraphs 2 through 9 of this Count IV
.
10 . Section 404 .101(a)(2) of the Board Water Pollution
regulations, 35 Ill . Adm. Code 404 .101(a)(2), provides, in
pertinent part, as follows
;
Construction and Operating Permits : State Permits
a)
Except as provided in Sections 404 .102 and
404.103, no person shall
:
2)
Carry out mining activities without an
operating permit
.
11. From at least 1981, or on a date better known to the
Respondent, Cordray Brothers, Inc., and continuing until the date
of the filing this Complaint, Cordray has carried out mining
activities on the North Parcel, without an operating permit
.
1 1
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12
.
By operating
its quarry on the North Parcel without
first obtaining an operating permit from the Illinois EPA,
Cordray violated and 35 Ill . Adm . Code 404 .101(a)(2), and thereby
violated Section 12(a) of the Act, 415 ILCS 5/12(A)(2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, CORDRAY BROTHERS, INC ., on this Count IV
:
1
.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein
;
2
.
Finding that Respondent has violated 35 Ill . Adm. Code
404 .101(a) (2),
and Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004)
;
3 . Ordering the Respondent to cease and desist from any
further violations of Section 35 Iii . Adm . Code 404 .101(a)(2),
and Section 12(a) of the Act,'415 ILCS 5/12(a) (2004)
;
4
.
Assessing against the Respondent a civil penalty of Ten
Thousand Dollars ($10,000 .00) per day for each day of each
violation
;
5
.
Ordering Respondent to pay all costs, pursuant to
Section 42(f) of the Act, including attorney, expert witnesses
and consultant fees expended by the State in its pursuit of this
action; and
6
.
Granting such other relief as the Board deems
appropriate and just
.
1 2
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PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
:
4
ROSE1(y`CAZEAU, Chief
Environmen al Bureau
Assistant Attorney General
OFCOUNSEL
:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20'h Floor
Chicago, Illinois 60601
(312)814-1511
1 3
