Lisa Madigan
X1-]ORNEY cFNERAl
.
The Honorable Dorothy Gunn
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
June 26, 2006
Re:
People v
. Barger Engineering, Inc .
PCB 06-82
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a Notice of Filing, Complainant's
Motion to File Amended Complaint and Amended 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 trul yours,
risten Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERK'S
OFFICE
JUN 2 9 2006
Pollution
STATE OF
Control
ILLINOISBoard
KLG/pp
Enclosure
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 • 'FEY: (312) 814-3374
- Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 -
(618) 529-6400 • TTY
. (618) 529-6403 • Fax
: (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
ECEIVED
OFFICE
PEOPLE OF THE STATE OF
)
ILLINOIS,
JUN 2 9 2006
)
Complainant,
STATE OF ILLINOIS
)
Pollution Control Board
vs.
)
PCB No. 06-82
(Enforcement)
BARGER ENGINEERING, INC., an
)
Indiana corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Charlie Northrup
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd .
Suite 800, Illinois Building
607 East Adams
P.O. Box 5131
Springfield, IL 62705
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, COMPLAINANT'S MOTION TO FILE AMENDED
COMPLAINT and AMENDED COMPLAINT, a copy of which is attached hereto and herewith served
upon you .
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 : June 26, 2006
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Di
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on June 26, 2006, send by First Class 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, COMPLAINANT'S MOTION TO FILE
AMENDED COMPLAINT and AMENDED COMPLAINT
To:
Charlie Northrup
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd
.
Suite 800, Illinois Building
607 East Adams
P.O . Box 5131
Springfield, IL 62705
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
7-
isten Laughridge Gale
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEEIVEE)CLERK
PEOPLE OF THE STATE OF ILLINOIS, )
JUN 2 9 2006
Complainant,
)
I
Ol
ut
on CContro~ Board
v.
)
PCB No. 06-82
(Enforcement)
BARGER ENGINEERING, INC ., an
)
Indiana corporation,
)
Respondent
.
)
COMPLAINANT'S MOTION TO FILE AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, respectfully moves, pursuant to Section 101 .500 of the Board's
Procedural Rules, 35 III . Adm . Code 101 .500 and Section 2-616 of the Code of Civil Procedure,
735 ILCS 5/2-616 for leave to file the attached Amended Complaint in order to add Count II to
the action.
Complainant filed a Complaint on December 1, 2005
. On December 30, 2005,
Respondent filed a Motion to Dismiss for Illinois EPA's failure to follow the notice procedure set
forth in Section 31
. On February 3, 2006, Complainant filed a response to the Motion to
Dismiss
. On March 16, 2006, this Board denied the Respondent's Motion to Dismiss on the
grounds that the Attorney General may bring an enforcement action on her own motion
regardless of the Agency's actions
. On April 14, 2006, Respondent answered the complaint .
On May 18, 2006, a pipeline owned by the Respondent breached and released
approximately 220 barrels of salt water
. The breached pipeline is within the same salt water
system as the pipeline release that occurred in the September 2005 release pleaded in the
December 1, 2005 complaint . The salt water release impacted the same drainage way as the
September 2005 release . The May 18, 2006 release is plead within Count II .
1
In the interests of administrative efficiency, the inclusion of these additional violations
within the pending enforcement proceeding is necessary
. The claims are brought upon the
Attorney General's own motion pursuant to Section 31(d) of the Act, 415 ILCS 5/31(d) (2004) .
Pursuant to Section 103.204(f)
of the Board's Procedural Rules, the Respondent is
hereby notified
: 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 .
WHEREFORE, Complainant respectfully asks that this Motion to File Amended
Complaint be granted and that the Amended Complaint be allowed in this pending matter.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental-Enfofcem
,/
tDivision
BY
: -
G / C.
KRIa'FEN LAUGH
E GALE
Assistant Attorney General
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : June 26, 2006
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
JUN 2 9 2006
Complainant,
STATE OF ILLINOIS
)
Pollution Control
Board
vs.
)
No . 06-82
(Enforcement)
BARGER ENGINEERING, INC ., an
)
Indiana corporation,
)
Respondent .
)
AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of the Respondent, BARGER ENGINEERING, INC
.,
as follows:
COUNT I
WATER POLLUTION VIOLATIONS FOR THE SEPTEMBER 23,2005 RELEASE
1 .
This action is brought against the Respondent in the name 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 Illinois Environmental Protection Act ("the Act"), 415 ILCS 5/1 et seq . (2004).
2.
The Illinois EPA is an agency of the State of Illinois created under Section 4 of
the Act, 415 ILCS 5/1 et seq. (2004), and is charged, inter alia,
with the duty of enforcing the
Act.
1
3 .
The Complaint is brought by the Attorney of the State of Illinois pursuant to
Section 31(d) of the Act, 415 ILLS 5/31(d) (2004)
.
4.
The Respondent, Barger Engineering, Inc ., is and was at all times relevant to
this Complaint an Indiana corporation, currently registered and in good standing with the Illinois
Secretary of State's Office .
5 .
The Respondent is and was at all times relevant to this Complaint the owner of
the Phillipstown Unit Water Flood Plant located approximately five miles south of Crossville,
White County, Illinois ("facility") .
6 .
On September 23, 2005, a PVC transfer line located at the facility had ruptured
and released approximately 1,000
- 1,500 barrels of salt water and 10 to 20 barrels of crude oil .
7 .
On September 23, 2005, the salt water traveled approximately 1 %3 miles
downstream from the facility into a drainageway and unnamed stream, which drains into the
Wabash River
. Crude oil and crude oil staining was approximately 1 mile downstream from the
facility .
8 .
The first '/z mile of the discharge consisted of a milky white suspension and black
precipitate, as well as heavy areas of crude oil . Crude oil also covered the vegetation within the
drainage way .
9 .
The chloride concentration of the water in the drainageway was at least 6,722
mg/L approximately 1'/~ miles downstream of the facility .
10 .
Over 50 small fish, including small minnows and catfish, died approximately 1
1/4 miles downstream from the facility
.
11 .
On September 26, 2005, over 100 more small fish, including minnows and
catfish, had been killed about 1 1/4 to 1 '/~ miles downstream from the facility .
2
12 .
The unnamed stream and Wabash River are a "waters" of the State as that term
is defined under 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 .
13 .
Section 3 .545 of the Act, 415 ILLS 5/3 .545 (2004), defines "water pollution" as
follows :
"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 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.
14.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part :
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 matter from other sources,
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act .
f)
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein, . .. without an
NPDES permit for
point source discharges issued by the Agency under Section 39(b) of this
Act . . .
15.
Section 302 .203 of the Board's Water Quality Standards Regulations, 35 III .
Adm . Code 302 .203, provides, in pertinent part, as follows :
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
. . . .
16.
Section 302 .208(g) of the Board's Water Quality Standards Regulations, 35 III .
Adm . Code 302 .208(g), provides, in pertinent part, as follows :
3
g)
Concentrations of the following chemical constituents shall not be
exceeded except in waters for which mixing is allowed pursuant to
Section 302 .102
17.
By causing or allowing the discharge of approximately 1,000 to 1,500 barrels of
salt water and 10 to 20 barrels of crude oil, Respondent created offensive conditions of sludge
and floating debris in violation of Section 302 .203 of the Board's Water Quality Standards
Regulations, 35 III . Adm . Code 302 .203 .
18
.
By causing or allowing the discharge of approximately 1,000 to 1,500 barrels of
salt water, Respondent caused the concentration of chlorides to exceed the regulated standard
of 500 mg/L, in violation of Section 302 .208(g) of the Board's Water Quality Standards
Regulations, 35 III . Adm . Code 302 .208(g) .
19 . By causing or allowing the discharge of 1,000 to 1,500 barrels of salt water and
10 to 20 barrels of crude oil into the waters of the State without an NPDES permit, Respondent
violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004)
.
20 .
By causing or allowing the discharge of 1,000 to 1,500 barrels of salt water and
10 to 20 barrels of crude oil into waters of the State, Respondent has caused or tended to
cause water pollution .
21 .
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief :
4
Constituent
Unit
STORET Number
Standard
Chloride (total)
mg/L
00940
500
A.
Find that Respondent, Barger Engineering, Inc ., has violated Section 12(a) and
12(f) of the Act, 415 ILCS 5/12(a), (f) (2004) and Sections 302 .203 and 302.208(g) of the
Board's Water Quality Standards Regulations, 35 III . Adm . Code 302 .203, 302 .208(g) ;
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations ;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued ;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), 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 this Board deems appropriate .
COUNTII
WATER POLLUTION VIOLATIONS FOR THE MAY 18. 2006 RELEASE
1-10 . Complainant realleges and incorporates herein by reference
paragraphs 1
through 5 and 12 through 16 of Count I as paragraphs 1 through 10 of this Count II .
11 .
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides
:
No person shall :
d)
Deposit any contaminants upon the land in such place and manner so as
to create a water pollution hazard .
12.
On May 18, 2006, a fiberglass pipeline from the Phillipstown Unit Water Flood
Plant ("facility") to the injection wells breached and released approximately 200 barrels of salt
water .
5
13.
The release occurred from the same facility as the release on September 23,
2005
.
14 .
On May 19, 2006, the salt water had traveled approximately 1 % miles
downstream from the pipeline into the same drainageway and unnamed stream that drains into
the Wabash River as the September 23, 2005 release
.
15.
On May 19, 2006, a milky white suspension and black precipitate were in the
drainage way within 500 feet of the breached pipe .
16.
On May 19, 2006, the chloride concentration of the water approximately 500 feet
downstream of the breached pipeline was approximately 1,199 ppm
.
17. On May 25, 2006, the chloride concentration of the water was approximately
619-640 ppm downstream of the breached pipeline and upstream of a berm installed by the
Respondent .
18
.
By causing or allowing the discharge of approximately 200 barrels of salt water,
Respondent created offensive conditions of sludge and floating debris in violation of Section
302.203 of the Board's Water Quality Standards Regulations, 35 III
. Adm . Code 302 .203 .
19 .
By causing or allowing the discharge of approximately 200 barrels of salt water,
Respondent caused the concentration of chlorides to exceed the regulated standard of 500
mg/L, in violation of Section 302 .208(g) of the Board's Water Quality Standards Regulations, 35
III . Adm . Code 302 .208(g) .
20.
By causing or allowing the deposit of 200 barrels of salt water upon the land in
close proximity to waters of the State, Respondent created a water pollution hazard in violation
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004) .
6
21 . By causing or allowing the discharge of 200 barrels of salt water into the waters
of the State without an NPDES permit, Respondent violated Section 12(f) of the Act, 415 ILCS
5/12(f) (2004) .
22 .
By causing or allowing the discharge of 200 barrels of salt water into waters of
the State, Respondent has caused or tended to cause water pollution
.
23 .
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief :
A.
Find that Respondent, Barger Engineering, Inc ., has violated Section 12(a),
12(d) and 12(f) of the Act, 415 ILCS 5/12(a), (d), and (f) (2004) and Sections 302 .203 and
302.208(g) of the Board's Water Quality Standards Regulations, 35 III . Adm . Code 302 .203,
302 .208(g) ;
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations ;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued ;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs ; and
7
E .
Grant such other and further relief as this Board deems appropriate
.
Of Counsel
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
Dated : (- - 1
Dated
: r
.
b
v
8
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel
. LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
LitigationDivision
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
