Lisa Madigan
ATrORNEYGENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re : People v. Tres Amigos Properties, LLC
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
May 16, 2006
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,
RECEIVED
MAY 18 2006
Pollution
STATE OF
Control
ILLINOISBoard
r Jennifer Bonkowski
til~ U
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
•
Fax : (217) 782-7046
• Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400
•
TTY: (618) 529-6403 • Fax: (618) 529-6416
JB/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 •
(217) 782-1090 • TTY: (217) 785-2771
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 • TTY (312) 814-3374
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
) 8 2006
PEOPLE OF THE STATE OF
)
PS
STATE
OF
)
Control Board
Complainant,
)
vs .
)
PCB No .
rf
.11
(Enforcement)
TRES AMIGOS PROPERTIES, LLC,
)
an Illinois
limited liability company,
)
Respondent
.
)
NOTICE OF FILING
To :
R. Lee Allen
607 East Adams Street, Suite 800
Springfield, Illinois 62701
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : May 16, 2006
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
:
, /
)VU Ck-t,C-7(
.
J~~ J
ENNIFE BONKOWSKI
('~% Assistant ttorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on May 16, 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:
R
. Lee Allen
607 East Adams Street, Suite 800
Springfield, Illinois 62701
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
t
11%
nnifer B nkowski
ssistant ttorney General
This filing is submitted on recycled paper .
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
MAY
)
8 2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution Control Board
ILLINOIS,
)
Complainant,
vs.
)
PCB No
.
Du V'
(Enforcement)
TRES AMIGOS PROPERTIES, LLC,
)
an Illinois limited liability company,
)
Respondent.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
JENNIFER
BONKOWSKI, 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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: May 16, 2006
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
igation Division
BY:
-r/Vu-
NIFER B
KOWSKI
'K
IrwIL)
vironmenta Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
V .
)
PCB No
. l)l+?
(Water-Enforcement)
TRES AMIGOS PROPERTIES, LLC,
)
an Illinois limited liability company,
)
Respondent
.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, TRES AMIGOS PROPERTIES, LLC,
an Illinois limited liability company, as follows
:
COUNT I
NPDES PERMIT VIOLATIONS
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 .
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31 (2004),
after providing the Respondent with notice and the opportunity for a meeting with the Illinois
EPA.
4 .
Tres Amigos Properties, LLC
("Tres"),
is an Illinois limited liability company in
good standing .
1
RECEIVEDCLERK'S
OFFICE
MAY 1 8 2006
Pollution
STATE OF
Control
ILLINOISBoard
5.
Tres is the owner of the Hilton Garden Inn construction site
("site"), a 2.5
acre
parcel located at 3100 South Dirksen Parkway, Springfield, Sangamon County, Illinois
.
6.
Tres was issued coverage under the NPDES general stormwater permit by the
Illinois EPA on June 1, 2004
.
7.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following prohibitions
:
No person shall :
(f)
Cause, threaten or allow the discharge of any contaminant 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
.
8.
Section 309
.102(a) of the Board's Water Pollution Regulations, 35 III
. Adm . Code
309.102(a), provides :
a)
Except as in compliance with the provision 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
.
9 .
The NPDES general stormwater permit requires Tres to implement the
provisions of a storm water pollution prevention plan at the construction site, including erosion
control measures .
10.
On October 19, 2004, the Illinois EPA inspected the site to evaluate Tres'
compliance with the NPDES Permit
. Minimal erosion controls were in place, but were
inadequate to prevent silt-laden discharge from flowing through the site's chain-link fence
2
towards 1-55, onto Dirksen Parkway, and into several storm inlets on the site
. These
discharges would eventually be carried by storm water to an unnamed tributary of Sugar Creek
.
11 .
By causing or allowing or threatening the discharge of contaminants into waters
of the State in violation of the terms or conditions of its NPDES Permit, Tres has thereby
violated Section 309
.102(a) of the Board's Water Pollution Regulations, 35 III
. Adm . Code
309 .102(a).
12.
By failing to maintain adequate erosion controls at its site to prevent silt-laden
storm water discharges as required by its NPDES Permit, Tres has caused, threatened or
allowed the discharge of any contaminant into the waters of the State in violation of its NPDES
permit, and has thereby 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 Respondent, TRES AMIGOS PROPERTIES,
LLC, an Illinois limited liability company :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D .
Assessing against Respondent a civil penalty of up to ten thousand dollars
($10,000) per day of violation ; and
E.
Granting such other relief as the Board may deem appropriate
.
3
309.154, states :
COUNTII
FAILURE TO OBTAIN A CONSTRUCTION PERMIT
1-6 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 6 of Count I as paragraphs 1 through 6 of this Count II
.
7 .
Section 12(b) of the Act, 415 ILCS 5/12(b) (2004), provides as follows :
Sec . 12 . Actions prohibited .
(b)
Construct, install, or operate any equipment, facility, vessel, or
aircraft capable of causing or contributing to water pollution, or
designed to prevent water pollution, of any type designated by
Board regulations, without a permit granted by the Agency, or in
violation of any conditions imposed by such permit
.
8.
Section 309
.154 of the Board's Water Pollution Regulations, 35 III . Adm . Code
a)
No
person shall cause or allow the construction of any new
treatment works, disposal well or wastewater source for which an
NPDES Permit is required or cause or allow the modification of
any existing treatment works, disposal well or wastewater source
for which an NPDES Permit is required unless such NPDES
Permit contains an authorization to construct as a condition of
such permit
.
b)
Any holder of a valid NPDES Permit who proposes or is required
as a condition of such NPDES
Permit or of any order of the
Pollution Control Board to construct or modify any treatment
works, disposal well, wastewater source, or process modification
which results in new or increased discharges of pollutants, shall
complete, sign and submit an NPDES application for such
construction or modification, in accordance with the instructions
provided with the form, no later than 180 days in advance of the
date on which construction or modification is to begin . No person
shall commence construction until the holder of the NPDES
Permit shall have received a modification to the NPDES Permit, or
a new NPDES Permit if required, which contains an authorization
to construct as a condition of such permit
.
c)
The Agency shall not issue any authorization to construct unless
the applicant submits adequate proof, including any of the
information or documents set forth in Section 309
.221 as the
Agency may require, which ensures that the proposed
construction, modification or operation
1)
Either conforms to the criteria promulgated by the Agency
under Section 309
.221 or is based on other criteria which
the applicant proves will produce consistently satisfactory
results; and
2)
Will not cause a violation of the conditions of the NPDES
Permit.
9.
As of October 18, 2004, Tres had not obtained a construction permit from the
Illinois EPA to connect the Hilton Garden Inn to the Springfield Sewer System
.
10.
As of October 18, 2004, the connection from the site to the Springfield sewer
system had been made
.
11 .
Tres' NPDES Permit does not contain an authorization to construct as a
condition of the permit
.
12.
By failing to obtain a construction permit for connection of the site to the
Springfield sewer system, Tres has violated Section 309
.154 of the Board's Water Pollution
Regulations, 35 III . Adm . Code 309
.154, and Section 12(b) of the Act, 415 ILCS 5/12(b) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, TRES AMIGOS PROPERTIES,
LLC, an Illinois limited liability company
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
5
D .
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
; and
E .
Of Counsel :
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated :
i// I/Q
6
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
Granting such other relief as the Board may deem appropriate .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General
of the State of Illinois
BY
:
6
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
ision
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
