Lisa Madigan
AI "l ORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re: People
v. Larry Bielfeldt
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
.
JB/pp
Enclosures
RECE1VED
CLERKS
OFFICE
JUN 2 9 2006
pSTATE
OF ILLINOIS
OFFICE OF THE ATTORNEY GENERAIAIIution Control Board
STATE OF ILLINOIS
July 26, 2006
6"l
Q_~d_
Thank you for your cooperation and consideration
.
Vfry
truly yours,
Jennifer Bo kowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090 • 1TY
: (217) 785-2771 • Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000 •
Try
: (312) 814-3374 • Fax
: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
• (618) .529-6400
• "1"FY: (618) 529-6403
• Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AEC
CLERK'S
pVEDOFFICE
PEOPLE OF THE STATE OF
)
JUN 2 9 2006
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs.
)
PCB No.
(Enforcement)
LARRY BIELFELDT,
)
Respondent .
)
NOTICE OF FILING
To :
Larry Bielfeldt
3004 General Electric Road
Bloomington, IL 61704
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
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigatio Division
BY~~
:
-'~RVI(
ENNIFE
(
BONKOWSKId
Assistant ttorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 26, 2006
2
CERTIFICATE OF SERVICE
I hereby certify that I did on July 26, 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:
Larry Bielfeldt
3004 General Electric Road
Bloomington, IL 61704
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,
n~,( ifer Bon
ski
sy'stant At
ey General
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
RERK''SCLERK'S
S
OFFICEe/E
D
PEOPLE OF THE STATE OF
)
JUN 2 1 2006
ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
Pollution Control Board
)
VS.
)
PCB No
.
(Enforcement)
LARRY BIELFELDT,
)
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
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
,Litigation Division
r
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 26, 2006
L L
NNIFER BaNKOWSKI
E vironment I Bureau
ssistant Attorney General
BY:
{
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
j
Pollution Control Board
v.
)
PCB No.
UV
_1
(Water-Enforcement)
LARRY BIELFELDT,
)
Respondent .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, LARRY BIELFELDT, as follows :
COUNTI
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.
Larry Bielfeldt ("Bielfeldt") is the owner of the Sherwood Lake Subdivision
("site"), a 32
.2 acre residential home development located in Section 29, Township 23 North,
1
Range 3 East of the Third Principal meridian in McLean County, Illinois . A tributary of Kickapoo
Creek, a water of the state, runs from west to east across the property .
5 .
Bielfeldt was issued coverage under the NPDES general stormwater permit by
the Illinois EPA on May 29, 2003 .
6.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following prohibitions :
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, 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.
7 .
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
.
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
2
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 Bielfeldt to implement the
provisions of a storm water pollution prevention plan at the site, including erosion control
measures.
10 .
On July 18, 2003, the Illinois EPA inspected the site to evaluate Bielfeldt's
compliance with the NPDES Permit
. Minimal erosion controls were in place, but were
inadequate to prevent silt-laden discharge from flowing into the creek both upstream and
downstream of the site
.
11 .
On June 18, 2004, the Illinois EPA conducted a reconnaissance inspection at the
site . A lake had been constructed from the tributary on site . The lake is a water of the state .
12 .
On June 18, 2004, no erosion control was present upstream of the lake and the
road contained silt-laden discharges which would likely run off into the lake .
13.
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, Bielfeldt has thereby
violated Section 309 .102(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
309.102(a) .
14 .
By failing to maintain adequate erosion controls at its site to prevent silt-laden
storm water discharges as required by its NPDES Permit, Bielfeldt 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, LARRY BIELFELDT :
3
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 ten thousand dollars ($10,000)
per day of violation ; and
E
.
Granting such other relief as the Board may deem appropriate
.
COUNTII
WATER POLLUTION
1-12 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of this Count II
.
13.
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
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 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 .
15.
Section 302
.203 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
302.203,
prohibits offensive conditions in waters of the State
:
Waters of the State shall be free from sludge or bottom deposits,
floating debris, visible oil, odor, plant or algal, color or turbidity of
other than natural origin . . . .
16 .
On July 18, 2003, offensive conditions were present in the tributary both
upstream and downstream of the site due to the inflow of silt-laden discharge in that the water
was unnaturally turbid
.
17 .
Commencing on some date prior to July 18, 2003, and continuing until the
subsequent implementation of adequate erosion control measures, the Respondent caused or
allowed the discharge of silt from the site into waters of the State so as to cause or tend to
cause water pollution by creating a nuisance
.
18.
By so causing and threatening to cause water pollution, and by violating the
water quality standard of Section 302
.203 of the Board's Water Pollution Regulations, 35 III
.
Adm. Code 302
.203, the Respondent has violated Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, LARRY BIELFELDT
:
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 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
; and
5
E .
Of Counsel :
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : c/'~br
/PC
Granting such other relief as the Board may deem appropriate.
BY:
6
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
Litigation1, 1ivision
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
