Lisa Madigan
XI -IORNE,) GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
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 .
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
May 12, 2006
Re
:
People v . Bob D. Stagner and Linda S .
Stagner
Ibymond J . Callery
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
CLERK'S OFFICE
MAY 1 7 2006
STATE OF ILLINOIS
Pollution Control Board
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax : (618) 529-6416
RJC/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
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY ) 7 2006
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs .
)
PCB No .
pG
~~
114
(Enforcement)
BOB D. STAGNER and
)
LINDA S . STAGNER, d/b/a
)
LB'S CAMPING & MOBILE HOME PARK,
)
Respondents .
)
NOTICE OF FILING
To
:
Bob D. Stagner and Linda S . Stagner
d/b/a LB's Camping & Mobile Home Park
5272 Peach Orchard Road
Sesser, IL 62884
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 .
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
MATTHE
Environm
Litigation
BY :
RAYMOND J. CALLE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 12, 2006
J. DUNN, Chief
tal Enf
t/Asbestos
visio
CERTIFICATE OF SERVICE
I hereby certify that I did on May 12, 2006, 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 :
Bob D. Stagner
d/b/a LB's Camping & Mobile Home Park
5272 Peach Orchard Road
Sesser, IL 62884
Linda S. Stagner
d/b/a LB's Camping & Mobile Home Park
5272 Peach Orchard Road
Sesser, IL 62884
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
.
RECEIVED
CLERK'S OFFICE
MAY
1 l 2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution Control Board
ILLINOIS,
)
Complainant,
)
)
vs
.
)
PCB No .
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 12, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
(Enforcement)
BOB D. STAGNER and
)
LINDA S
. STAGNER, d/b/a
)
LB'S CAMPING & MOBILE HOME PARK,
)
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
O(A 0(
14
MATTHEW J. DUNN, Chief
Environme tal zrfforcem t/Asbestog
Lit
tiol Division
BY :
MOND J. CALLERY
Environmental Bureau
Assistant Attorney General
Complainant,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
BOB D. STAGNER and
LINDA S. STAGNER, d/b/a
LB'S CAMPING & MOBILE HOME PARK,
v .
PCB NO. uV
(Enforcement)
Respondents .
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondents, BOB D. STAGNER and LINDA S .
STAGNER, d/b/a LB'S CAMPING & MOBILE HOME PARK, as follows
:
COUNT I
WATER POLLUTION
1
.
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 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 in proceedings before the Illinois Pollution Control Board ("Board")
.
1
RECEIVED
CLERK'S OFFICE
MAY 1 7 2006
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 .
At all times relevant to this Complaint, the Respondents, Bob D . Stagner and
Linda S. Stagner, have been the owners and operators of a facility, LB's Camping & Mobile
Home Park ("LB's Camping"). The address for Respondents and for LB's Camping is 5272
Peach Orchard Road, Sesser, Franklin County, Illinois
.
5 .
At all times relevant to this Complaint, the LB's Camping facility included both
campsites and mobile home lots . A building located on the property and connected to the same
sewage system was also leased out by the Respondents for the operation of a restaurant
.
6 .
Wastewater treatment at the LB's Camping facility was originally provided by a
septic tank with effluent chlorination . The septic tank had a capacity of 864 cu
. ft. and filtration
was provided by a sand filter approximately 32 ft . by 32 ft. for a total surface area of 1050 ft . A
dosing tank was provided with a capacity of 153 gallons or 20.5 cu . ft .
7
.
A construction permit for an upgrade of the wastewater treatment system was
issued to Respondents in July 2003 . The upgrade included a dosing tank, flow division
structure, chlorination/dechlorination and effluent structure, and chlorination/dechlorination
equipment
.
8 .
On December 29, 1999, Illinois EPA issued National Pollutant Discharge
Elimination System ("NPDES") permit # IL0050466 (eff. January 1, 2000) to Respondents/LB's
Camping. The permit had an expiration date of December 31, 2004 . On July 18, 2005, Illinois
EPA reissued NPDES permit # IL0050466 (eff. October 1, 2005). The reissued NPDES permit
included ammonia limits
.
2
9
.
LB's Camping's NPDES Permit imposes effluent concentration limitations for five
-day carbonaceous biochemical oxygen demand (" CBODS'), total suspended solids ("TSS"),
ammonia nitrogen, and fecal coliform, each of which is a "contaminant" as that term is defined
in Section 3.165 of the Act, 415 ILCS 5/3.165 (2004). Discharge Monitoring Reports ("DMRs")
are submitted monthly in accordance with the NPDES Permit to report the concentrations of
contaminants in the effluent
.
10 .
On May 18, 2000, Dwight Hill of the Illinois EPA's Bureau of Water, Division of
Water Pollution Control, Marion Regional Office, inspected LB's Camping in response to a
complaint that sewage was flowing from the facility into Andy Creek and Valier Lake
.
11
.
Mr. Hill observed that the filters of the wastewater treatment plant ("WWTP") for
LB's Camping were being bypassed and that septic tank effluent was being discharged directly
to the receiving stream. Mr. Hill further observed that at the outfall and extending 30 feet
downstream, the receiving stream was a gray color and contained floating sewage debris
.
12 .
By letter dated June 5, 2000, the Illinois EPA was informed by the Franklin-
Williamson Bi-County Health Department ("FWBCHD") that the nearby restaurant, owned and
leased out by the Respondents and connected to the same sewage system that serves the
campground, was experiencing periodic sewage back-ups
.
13
.
On July 6, 2000, a Violation Notice ("VN") letter was sent to Respondents, citing
water quality, reporting and effluent violations and failure to maintain the services of a properly
certified WWTP operator. The VN letter also noted the sanitary sewer overflow that resulted
from the facility's improperly operating sewage system
.
14 .
By letter dated July 14, 2000, Jerome Kopec, the new certified operator for LB's
Camping, responded to the VN letter
.
3
15
.
On May 30, 2001, Mr. Hill conducted a follow-up inspection to determine if the
cited violations had been resolved. He observed that the VWVTP was still not functioning
adequately. Mr. Hill then proceeded to the receiving stream and observed a dark gray sewage
color, septic odor, foam, and debris at the outfall
.
16 .
On October 30, 2001, the Illinois EPA sent Respondents a Notice of Intent to
Pursue Violation ("NIPLA") letter citing the violations presented in the earlier VN letter
.
17
.
On November 30, 2001, representatives of LB's Camping and Illinois EPA met
for a NIPLA meeting to address the violations and potential compliance measures
.
18
.
Respondents' permit limit for CBOD
5 was a monthly average of 10 mg ./I. and a
daily maximum of 20 mg ./I
.
19
.
Since May 2000, Respondents have exceeded the monthly average for CBOD 5
in at least forty-seven months and exceeded the daily maximum for CBOD 5 in at least twenty-
nine months .
20 .
Respondents' permit limit for TSS was a monthly average of 12 mg ./I. and a daily
maximum of 24 mg ./I .
21 .
Since May 2000, Respondents have exceeded the monthly average for TSS in at
least thirty-six months and exceeded the daily maximum for TSS in at least thirteen months
.
22
.
Respondents' permit limit for ammonia nitrogen ranged from a monthly average
of 2.6 to monthly average of 4 .0 mg ./I. depending on the month and the daily maximum ranged
from 4 .0 to 8.0 mg./I depending on the month
.
23
.
Since May 2000, Respondents have exceeded the monthly average for ammonia
nitrogen in at least fifty-five months and exceeded the daily maximum for ammonia nitrogen in
at least forty-five months
.
4
24 .
Respondents' permit limit for fecal coliform was a daily maximum of 400 per ml
.
25 .
Since May 2000, Respondents have exceeded the daily maximum for fecal
coliform in at least fifty-six months
.
26 .
Section 3.545 of the Act, 415 ILCS 5/3 .545 (2004), contains 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 water 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
.
27
.
The wastewater treatment system at LB's Camping discharges to an unnamed
tributary of Andy Creek and to Valier Lake . Andy Creek and Valier Lake fall within the
definition of "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
.
28
.
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), provides
:
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 or standards adopted by the Pollution Control Board
under this Act
;
29
.
Section 302 .203 of the Board's Water Pollution Regulations, 35 III . Adm. Code
302.203, provides
:
5
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
30
.
Section 304 .106 of the Board's Water Pollution Regulations, 35 III. Adm. Code
304.106, provides
:
Offensive Discharges
In addition to the other requirements of this Part, no effluent shall contain
settleable solids, floating debris, visible oil, grease, scum or sludge solids . Color,
odor and turbidity must be reduced to below obvious levels .
31
.
Section 304.120(c) of the Board's Water Pollution Regulations, 35 III . Adm. Code
304.120(c), provides
:
Deoxygenating Wastes
c .
No effluent whose dilution ration is less than five to one shall exceed 10
mg/I of BOD S or 12 mg/I of suspended solids
.
.
.
.
32 .
Section 306.304 of the Board's Water Pollution Regulations, 35 III . Adm. Code
306.304, provides
:
Overflows
Overflows from sanitary sewers are expressly prohibited
.
33 .
As observed during the Illinois EPA inspections on May 18, 2000 and May 30,
2001, the receiving waters contained floating debris and exhibited grayish color and septic odor
as a result of the discharge from the facility's WWTP, in violation of 35 III. Adm. Code 302.203 .
34 .
As observed during the Illinois EPA inspections on May 18, 2000 and May 30,
2001, the facility's WWTP discharged effluent containing floating debris and exhibiting
noticeable color and odor, in violation of 35 III . Adm. Code 304.106 .
6
35
.
As recorded in the facility's DMRs effluent from the WWTP for LB's Camping
exceeded 10 mg/I of BOD5 or 12 mg/I of suspended solids, in violation of 35 III . Adm. Code
304.120(c)
36
.
As reported by FWBCHD, the sewer/collection system for LB's Camping backed
up into the restaurant located at the campground, in violation of 35 III. Adm. Code 306.304 .
37 .
By violating the Board's Water Pollution Regulations, the Respondents have also
violated Section 12(a) of the Act, 415 ILCS 5112(a)(2004)
.
38 .
By causing, threatening, or allowing the discharge of contaminants to waters of
the State so as to cause or tend to cause water pollution in Illinois, the Respondents have
violated Section 12(a) of the Act, 415 ILCS 5112(a)(2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents, BOB D . STAGNER and LINDA
S. STAGNER, d/b/a LB'S CAMPING & MOBILE HOME PARK
:
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
;
7
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
PERMIT AND REPORTING VIOLATIONS
1-27 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 27 of Count I as paragraphs 1 through 27 of this Count 11
.
28 .
The Respondents' NPDES Permits provide, 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
.
f
SPECIAL CONDITION 8
. The Permittee shall record monitoring
results on Discharge Monitoring Report Forms using one such
form for each outfall each month
.
8
In the event that an outfall does not discharge during a monthly
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 th day of the following
month, unless otherwise specified by the permitting authority
29
.
Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), provides
:
No person shall
:
f .
Cause, threaten or allow the discharge of any contaminants 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
.
30 .
Section 304.141 (a) of the Board's Water Pollution Regulations, 35 III. Adm
.
Code 304.141(a), provides
:
NPDES Effluent Standards
a
.
No person to whom an NPDES Permit has been issued may discharge
any containment in his effluent in excess of the standards and limitations
for that contaminant which are set forth in his permit .
31
.
Section 305.102 of the Board's Water Pollution Regulations, 35 III . Adm. 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
9
combined sewer overflows; the concentrations of those
physical, chemical, bacteriological and radiological
parameters which shall be specified by the Agency
;
information concerning the biological impact of the
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 III. Adm. Code 310
.
b. Every holder of an NPDES (National Pollutant Discharge Elimination
System) permit is required to comply with the monitoring, sampling,
recording and reporting requirements set forth in the permit and this
Chapter
.
32
.
Section 380 .202(a) of the Board's Water Pollution Regulations, 35 III. Adm
.
Code 380.202(a), provides :
Requirement
a
.
The use or operation of a wastewater treatment or pretreatment works for
which a permit is required by 35 III . Adm. Code 309 shall be by or under
the supervision of a properly certified operator
.
33 .
As recorded in the Respondents' DMRs, effluent from the WWTP for LB's
Camping exceeded limits set forth in its NPDES permit for CBOD
5 TSS, ammonia nitrogen and
fecal coliform, in violation of 35 III. Adm. Code 304 .141(a) .
34 .
Respondents have failed to submit the biannual sludge summary report as
required by Special Condition 7 of the NPDES Permit for January 2002, in violation of 35 III
.
Adm. Code 305.102(a) and (b)
.
35 .
Respondents have failed to submit the DMRs as required by Special Condition 8
of the NPDES Permit for April 2002 and December 2002, in violation of 35 III . Adm. Code
305.102(a) and (b)
.
10
36. The WWTP for LB's Camping lacked the supervision of a properly certified
operator, in violation of 35 III . Adm, Code 380 .202(a) .
37
.
By violating the Board's Water Pollution Regulations, Respondents have violated
Section 12(f) of the Act, 415 ILCS 5/12(f)(2004)
.
39
.
By causing, threatening, or allowing the discharge of contaminants into the
waters of the State in violation of the terms and conditions established by the NPDES Permit,
Respondents have violated Section 12(f) of the Act, 415 ILCS 5/12(f)(2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents, BOB D. STAGNER and LINDA
S. STAGNER, d/b/a LB'S CAMPING & MOBILE HOME PARK
:
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
.
1 1
Of Counsel
Raymond J. Callery
Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
(217) 782-9031
Dated
:
`
/
/i /
C
C
12
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
1 .
C .
BY :
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
