ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
1
1
Complainant,
)
VS.
)
)
PCB No. 06-
LOUIE'S TRENCHING SERVICE, INC., an
)
(Enforcement- W ater)
Illinois corporation, and CITY OF GALENA, an
)
Illinois municipal corporation,
)
)
-
Respondents.
)
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on 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 35
1511 et seq.] to correct the alleged
pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
By:
KATHERINE M. HAU
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814
-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 27, 2006
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City of Galena
Tom Brusch, Mayor
3 12
?4
North Main Street
Galena, Illinois
61 036
Louis
A.
Timp, Registered Agent
Louie's Trenching Service
9720 Rte. 20
W.
Galena, Illinois 6 1036
SERVICE LIST
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General of
)
the State of Illinois,
1
Complainant,
v.
1
No.
1
LOUIE'S TRENCHING SERVICE, INC., an
)
(Enforcement-Water)
Illinois corporation, and CITY OF GALENA, an
)
Illinois municipal corporation,
1
1
Respondents.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, complains of Respondents, LOUIE'S
TRENCHING SERVICE and CITY OF GALENA, as follows:
COUNT I
WATER POLLUTION
1.
This count is brought on behalf of the PEOPLE OF THE STATE OF
ILLINOIS, by LISA
MADIGAN, Attorney General of the State of ~llinois; on her own
motion and at the request of the Illinois Environmental Protection Agency (
"Illinois
EPA
"), pursuant to the terms and provisions of Section 3 1 of the Illinois Environmental
Protection Act (
"Act"), 4 15 ILCS 513 1 (2004).
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 41 5 ILCS
514 (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
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program under the Federal Clean Water Act ("CWA), 33 U.S.C.
5
1342(b)(7)
et seq.
(2002).
3.
At all times relevant to this complaint, Respondent, Louie's Trenching
Service,
Inc. ("LTS"), was and is an Illinois corporation in good standing.
4.
At all times relevant to this complaint, Respondent, City of Galena, was
and is an incorporated municipality duly organized and existing under the laws of the
State of Illinois.
5.
At all times relevant to this Complaint, Respondent, LTS, has operated
and continues to operate a contracting and construction business.
6.
At all times relevant to this Complaint, Respondent, City of Galena, has
owned 6.3 acres located just south of Route 20, along the east bank of the Galena River,
in the City of Galena, Jo Daviess County, Illinois (
"Site").
7.
On May 30, 2003, the Illinois EPA issued City of Galena NPDES Permit
No.
ILRlOB623.
This permit is a general 'permit to discharge storm water during
construction site activities, and governs, among other things, construction activities that
will disturb more than one acre of total land area.
8.
On a date prior to October 18, 2004, the City of Galena hired LTS to
construct the Galena Recreational Greenway, a bicycle path along the Galena River, at
the Site. On or about October 18, 2004, or at a time better known to Respondents, LTS
began earthwork at the Site on behalf of the City of Galena.
9.
On October 20,2004, the Illinois EPA received a complaint indicating that
no erosion controls were in place at the Site.
10.
On November 1, 2004, the Illinois EPA inspected the Site. During the
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inspection, the Illinois EPA inspector observed more than one
acre of disturbed,
uncovered soil at the Site. Also, there was little or no effective erosion and storm water
controls at the Site.
11.
On November 1, 2004, a trench extended from the Site to the eastern bank
of the Galena River. Through this trench, there was an active, direct discharge of silt
-
laden storm water from the Site into the Galena River.
12.
On November
1, 2004, no Storm Water Pollution Prevention Plan
(
"SWPPP") was present at the Site, nor was a SWPPP available on that date upon inquiry
by the Illinois EPA from the Galena City Hall.
13.
On March 18, 2005,' the Illinois EPA again inspected the Site. At that
time, the SWPPP was posted at the Site.
In addition, erosion controls had been
improperly installed and were therefore ineffective. A silt fence was resting above the
ground, and in some places was installed over twigs and other objects that prevented the
silt fence from being flush with the ground. Also, the ground underneath some straw
bales was washed out.
14.
On March 18, 2005, there was also an active silt
-containing surface water
discharge to the Galena River.
15.
Respondents, City of Galena and Louie's Trenching Service, construction
of the recreational bicycle path are subject to the Act and the rules and regulations
promulgated by the Illinois Pollution Control Board (
"Board") and the Illinois EPA. The
Board's regulations for water pollution are found in Title 35, Subtitle C, Chapter I of the
Illinois Administrative Code (
"Board Water Pollution Regulations"), and the Illinois EPA
rules and regulations for water pollution are found in Title 35, Subtitle C, Chapter
I1 of
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the Illinois Administrative Code ("Illinois EPA Water Pollution Regulations").
16.
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.
17.
Section 3.3 15 of the Act, 415 ILCS
513.3 15 (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, agency or assigns.
18.
LTS, an Illinois corporation, is a
"person" as that term is defined in
Section 3.315 of the Act, 415 ILCS 513.315 (2004).
19.
City of Galena,
an Illinois political subdivision, is a "person" as
that term is defined in Section 3.315 of the Act, 415 ILCS
513,315 (2004).
20.
Section 3.165 of the Act,
41 5 ILCS 513.165 (2004), contains the following
definition:
"CONTAMINANT" is any solid, liquid or gaseous matter, any odor or
any form of energy,
from whatever source.
2 1.
The silt
-laden storm water discharge that LTS released from the Site is a
"contaminant" as that term is defined in Section 3.165 of the Act.
22.
Section 3.545 of the Act, 415 ILCS 513.545
(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,
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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.
23.
Section 3.550 of the Act, 415 ILCS 513.550
(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 the State.
24.
The Galena River is a
"water" of the State of Illinois, as that term is
defined in Section 3.550 of the Act.
25.
From at least November 1,2004 through March 18, 2005, or dates better
known to Respondents, Respondents, LTS and City of Galena, caused, threatened, or
allowed contaminants to enter the Galena River by failing to implement adequate erosion
controls at the site, which allowed silt
-laden storm water to enter the Galena River.
26.
Respondents, LTS and City of Galena, by their actions as alleged herein,
caused contaminants, the unauthorized silt
-laden storm water, to enter the waters of the
State, thereby causing or tending to cause water pollution.
27.
By causing or tending to cause water pollution, Respondents violated
Section
12(a) of the Act.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondents, LOUIE'S
TRENCHING SERVICE and CITY OF GALENA, for the following relief
1.
Authorize a hearing in this matter at which time Respondents will be
required to answer the allegations herein;
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2.
Find that Respondents have violated Section
12(a) of the Act;
3.
Order Respondents to cease and desist from any future violations of
Section
12(a) of the Act;
4.
Assess against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation of the Act and Ten Thousand Dollars ($10,000.00) for
each day of violation;
5.
Order Respondent to pay all costs in this action, including expert witness,
consultant, and attorney's fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT I1
VIOLATION OF NPDES PERMIT
1-22. Complainant realleges and incorporates herein by reference paragraphs
1
through 15, paragraphs 17 through 21, and paragraphs 23 and 24 of Count I as paragraphs
1 through 22 of this Count
11.
23.
Respondents, City of Galena and Louie's Trenching Service, construction
of the recreational bicycle path are subject to the terms of NPDES Permit No.
ILRlOB623, because the construction at the Site disturbed more than one acre of total
land area.
24.
Section
12(f) of the Act, 415 ILCS 5/12(f) (2004), provides in pertinent
part as follows:
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,
.
. .
in violation of any term or condition imposed by such [NPDES] permit.
t
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25.
Section 309.lO2(a) of the Board Water Pollution Regulations, 35 Ill. Adm.
Code
309.lO2(a) provides as follows:
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.
26.
Part IV of NPDES Permit No.
ILRlOB623, entitled Storm Water Pollution
Prevention Plans, provides, in pertinent part, as follows:
IV.
A
storm water pollution prevention plan shall be developed for each
construction site covered by this permit.
. . .
The plan shall identify
potential sources of pollution which may reasonably be expected to affect
the quality of storm water discharges associated with construction site
activity from the facility.
In addition, the plan shall describe and ensure
the implementation of practices which will be used to reduce the
pollutants in storm water discharges associated with construction site
activity and to assure compliance with the terms and conditions of this
permit. Facilities must implement the provisions of the storm water
pollution prevention plan required under this part as a condition of this
permit.
27.
Part IV.D.4 of NPDES Permit No.
ILRlOB623 entitled, Inspections,
provides, in pertinent part, as follows:
D.
Contents of Plan: the storm water pollution prevention plan shall include
the following items:
4.
Inspections. Qualified personnel (provided by the permittee) shall
inspect disturbed areas of the construction site that have not been
finally stabilized, structural control measures, and locations where
vehicles enter or exit the site at least once every seven calendar
days and within 24 hours of the end of a storm
-that is 0.5 inches or
greater or equivalent snowfall.
a.
Disturbed areas and areas used for storage of materials that
are exposed to precipitation shall be inspected for evidence
of, or the potential for, pollutants entering the drainage
system. Erosion and sediment control measures identified
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in the plan shall be observed to ensure that they are
operating correctly.
Where discharge locations or points
are accessible, they shall be inspected to ascertain whether
erosion control measures are effective in preventing
significant impacts to receiving waters. Locations where
vehicles enter or exit the site shall be inspected for
evidence of
offsite sediment tracking.
c.
A
report summarizing the scope of the inspection,
name(s)
and qualifications of personnel making the inspection, the
date(s) of the inspection, major observations relating to the
implementation of the storm water pollution prevention
plan, and actions taken in accordance with paragraph b
above shall be made and retained as part of the storm water
pollution prevention plan for at least three years from the
date that the permit coverage expires or is terminated. The
report shall be signed in accordance with Part
V1.G
(Signatory Requirements) of this permit.
28.
Part
N.B.1 of NPDES Permit No. ILRlOB623 entitled, Signature, Plan
Review, and Notification, provides, in pertinent part, as follows:
The plan shall be
. . .
retained on-site at the facility which generates the storm
water discharge in accordance with Part
V1.E (Duty to Provide Information) of
this permit.
29.
From at least November 1,2004 through March 18,2005, Respondents
failed to adequately implement their SWPPP to effectively address erosion control issues
at the Site. The erosion controls at the Site were inadequate or non
-existent, including
missing or improperly installed silt fencing and improperly installed hay bales.
Respondents' failure to adequately implement the SWPPP resulted in the discharge of
silt
-laden storm water into the Galena River for at least four months.
30.
By failing to effectively implement their SWPPP to adequately address
erosion control issues at the Site, Respondents violated Part
N of NPDES Permit No.
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ILRlOB623.
3 1.
On November 1,2004, Respondents provided the Illinois EPA with a
daily log of site inspections that did not include the storm water information required by
Part IV.D.4.a of NPDES Permit No.
ILRlOB623.
32.
By failing to provide reports of site inspections that included storm water
information, Respondents violated Part
IV.D.4.c. of NPDES Permit No. ILRlOB623.
33.
By failing to have a copy of the SWPPP available at either the Site or
Galena City Hall on November 1,2004, Respondents violated Part
IV.B. 1 of NPDES
Permit No.
ILRlOB623
34.
By their actions and omissions as alleged herein, Respondents, LTS and
City of Galena, caused, threatened, or allowed the discharge of silt
-laden storm water into
the Galena River, in violation of the terms or conditions of City of Galena's NPDES
Permit No.
ILRlOB623, and Section 309.102(a) of the Board Water Pollution
Regulations, 35
Ill. Adm. Code 309.102(a), and thereby violating Section 12(f) of the
Act, 415 ILCS
5/12(f) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondents, LOUIE'S
TRENCHING SERVICE and CITY OF GALENA, for the following relief:
1.
Authorize a hearing in this matter at which time Respondents will be
required to answer the allegations herein;
2.
Find that Respondents have violated Section
12(Q of the Act and Section
309.lO2(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code 309.102(a);
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3.
Order Respondents to cease and desist from any future violations of
Section
12(f) of the Act and Section 309.102(a) of the Board Water Pollution
Regulations, 35
Ill. Adm. Code
309.102(a);
4.
Assess against Respondents a civil penalty of Ten Thousand Dollars
($10,000.00) for each day of violation;
5.
Order Respondent to pay all costs in this action, including expert witness,
consultant, and attorney's fees; and
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE
OF ILLINOIS,
ex
rel.
LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement1
Asbestos Litigation
Assistant Attorney General
-
Of
Counsel:
KATHERINE M. HAUSRATH
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814
-0660
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CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this 27 day of June, 2006, the foregoing Complaint and Notice of
Filing upon the person listed on said notice, by certified mail.
~ATHERINE M. HAUSRATH
1
Assistant Attorney General
Environmental
~ureau
188 West Randolph, 2oth Floor
Chicago, IL 60601
3 12-8 14-0660
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