BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
1
Complainant,
)
1
-
vs
-
)
PCB No.
07-
)
(Enforcement
-
Water)
KURT
CARLSON,
1
an Illinois resident,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE
TAKENOTICE that today I have filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, a copy of which is
attached and hereby 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 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
351511 et
seq.]
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
BY:
DATE: July 3,2006
Assistant
~ttofne~
eeneral
Environmental Bureau
188 W. Randolph St.,
2oth
Floor
Chicago, Illinois 60601
3
12-814-5361
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JULY 3, 2006
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SERVICE LIST
Kurt Carlson
7
125
Windsor
Lake Parkway
Loves Park, Illinois 6
1 1 1
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JULY 3, 2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
V.
)
PCB NO.
07-
)
(Enforcement
-
Water)
1
KURT
CARLSON,
1
an Illinois resident,
1
)
Respondent.
)
COMPLAINT FOR CIVIL PENALTIES
Complainant, 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")
,
complains of Respondent,
KURT
CARLSON, an Illinois resident, as follows:
COUNT I
WATER POLLUTION
1.
This complaint is brought on behalf 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 EPA, against KURT
CARLSON, pursuant to the terms and
conditions of Section
31
of the Illinois Environmental
Protection Act ("Act"),
415
ILCS
5/31
(2004).
2.
The Illinois EPA is an administrative agency
established in the executive branch of the State government by
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Section
4 of the Act,
415 ILCS 5/4
(2004), and is charged, inter
alia, with the duty of enforcing the Act.
3.
At all times relevant to this Complaint, Respondent,
Kurt Carlson, was and is an Illinois resident. Kurt Carlson is
the sole owner and developer of the residential subdivision
known as Park Valley. Park Valley is comprised of 62
residential lots that are situated on approximately 22 acres
located along
McFarland Road in the City of Loves Park,
Winnebago County, Illinois ("Site")
.
4.
On May 29, 2003, the Illinois EPA issued a General
National Pollutant Discharge Elimination System Permit for Storm
Water Discharges from Construction Site Activities ("General
NPDES Storm Water Permit") to Respondent Kurt Carlson to
discharge storm water for construction activities and related
earthwork within an area of the Site identified as Plat 2
(Permit Number ILRlO
B900).
Respondent's General NPDES Storm
Water Permit Number ILRlO
B900 was issued prior to commencing
work in Plat 2 area at the Site.
5. On December 1, 2004, a second General NPDES Storm
Water Permit (Permit Number ILRlO 8389) was issued to Kurt
Carlson to discharge storm water for construction activities and
related earthwork for a portion of the Site identified as Plat
1, not covered under Respondent's previously issued General
NPDES Storm Water Permit Number ILRlO
B900. Respondent's
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JULY 3, 2006
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General NPDES Storm Water Permit Number
ILRlO 8389 was issued
prior to Respondent commencing work in Plat 1 area.
6.
A facility covered by a General NPDES Storm Water
Permit is required to develop and implement a Storm Water
Pollution Prevention Plan
("SWPP") to control pollutants that
may be discharged into storm water runoff pursuant to Part IV of
the General NPDES Storm Water Permit.
7.
On September 23, 2004, the Winnebago County Soil and
Water Conservation District ("Winnebago Conservation District")
conducted a soil and erosion and sediment control inspection of
the Site. The inspection revealed roads in the subdivision
covered with sediment, inadequate erosion controls, such as
stabilized construction entrances and silt fences along curbs to
prevent sediment from entering the road and culverts and storm
I
sewer inlets without protection. During the inspection, the
Winnebago Conservation District also observed evidence of past
erosion and sediment-laden storm water discharges. Sediment was
observed running into a detention basin located south of
Yorkshire Lane. Waters discharge from the detention basin's
outlet to Willow Creek that is tributary to Pierce Lake, which
is an impoundment of Willow Creek.
8.
On October 18, 2004, the Winnebago Conservation
District again inspected the Site. The inspection revealed that
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the same deficiencies as described in paragraph 7 herein
remained unaddressed at the Site.
9.
On November 8, 2004, the Illinois EPA conducted an
inspection of the Site. During the inspection, Illinois EPA
inspectors observed that erosion and silt controls had still not
been installed at the Site, and that the erosion and silt
controls that were present at the Site were improperly
maintained. The Illinois EPA also observed silt and soil being
dragged onto the streets and not removed. The Illinois EPA
inspection revealed that non-compliance reports had not been
submitted to the Agency as required by Respondent's NPDES Storm
Water Permits.
10. Section 12
(a) of the Act, 415 ILCS
5/12
(a)
(2004)
,
provides, in pertinent part, as follows:
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.
11. Section 3.315 of the Act, 415 ILCS
5/3.315
(2004),
provides as follows:
"Person" is any individual, partnership,
co-partnership, firm, company, limited liability
company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency, or
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any other legal entity, or their legal representative,
agent or assigns.
12. Respondent Kurt Carlson, an individual, is a "person"
as that term is defined in Section 3.315 of the Act, 415 ILCS
13. Section 3.165 of the Act, 415 ILCS
5/3.165
(2004),
provides as follows:
'Contaminant"
is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
14. The sediment present at the Site is a "contaminant" as
that term is defined in Section 3.165 of the Act, 415 ILCS
15. Section 3.545 of the Act, 415 ILCS
5/3.545
(2004),
provides 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.
16. Section 3.550 of the Act, 415 ILCS
5/3.550
(2004),
provides as follows:
"Waters
N 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.
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17. Willow Creek and Pierce Lake are "waters" of the State
of Illinois, as that term is defined in Section 3.550 of the
Act, 415 ILCS
5/3.550 (2004).
18. Respondent failed to implement adequate erosion
controls at the Site from at least September 23, 2004 to at
least February 2005, on dates better known to Respondent, which
resulted in the discharge of contaminants into the detention
basin.
19. Respondent, by its actions as alleged herein, has
violated Section 12 (a) of the Act, 415 ILCS
5/12
(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the
Bo,ard enter an order in favor of
Complainant and against Respondent, KURT
CARLSON, on this Count
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent violated Section
12(a) of
the Act, 415 ILCS 5/12 (a)
(2004)
;
3.
Ordering the Respondent to cease and desist from any
future violations of Section 12
(a) of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against the Respondent for each violation of the
Act, and an additional civil penalty of Ten Thousand Dollars
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($10,
000)
5.
Section 4
attorney,
for each day of violation;
Ordering the Respondent to pay
2
(f) of the Act, 415 ILCS 5/42
(
expert witness, and consultant
State in its pursuit of this action; and
all costs, pursuant to
f) (2004)
,
including
fees expended by the
6.
Granting such other relief as the Board deems
appropriate and just
.
/
COUNT
I1
FAILURE TO COMPLY WITH NPDES STORM WATER PERMIT
1-18.Complainant
realleges and incorporates by
reference"
herein paragraphs 1 through 18 of Count I as paragraphs 1
through 18 of this Count
11.
19. Section 12
(f) of the Act, 415 ILCS
5/12
(f)
(2OO4),
provides, in pertinent part, as follows:
No person shall:
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.
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20. By failing to implement
SWPPs for the Site and failing
to submit required noncompliance reports, from at least
September 23, 2004 to at least February 2005, on dates better
known to Respondent, in violation of Respondent's General NPDES
Storm Water Permits,
~es~ondent
Kurt Carlson violated 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 in favor of
Complainant and against Respondent, KURT
CARLSON, on this Count
11:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent violated Section
12(f) of
the Act, 415 ILCS 5/12
(f) (2004)
;
3.
Ordering the Respondent to cease and desist from any
future violations of Section 12
(f) of the Act;
4.
Assessing a civil penalty pursuant to Section
42(a) of
the Act, a civil penalty of Ten Thousand Dollars ($10,000.00)
per day against the Respondent for each violation of Section
12
(f
f
of the Act;
5.
Ordering the Respondent to pay all costs, pursuant to
Section
42
(f) of the Act, 415 ILCS 5/42
(f) (2004)
,
including
attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action; and
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6.
Granting such other relief as the Board deems
appropriate and just
.
COUNT
I11
WATER POLLUTION HAZARD
1-20:Complainant
realleges and incorporates by reference
herein paragraphs 1 through 20 of Count
I1 as paragraphs 1
through 20 of this Count
111.
21.
Section 12
(d) of the Act, 415 ILCS 5/12
(d)
(2004),
provides, in pertinent part, as follows:
No person shall:
(d) Deposit any contaminants upon the land in such
place and manner so as to create a water
pollution hazard.
22. By
depositing'disturbed sediment on the land at the
Site without adequate erosion controls, thereby threatening or
allowing sediment-laden storm water runoff to be discharged into
Willow Creek, Respondent created a water pollution hazard at the
Site in violation of Section
12(d) of the Act, 415 ILCS
5/12(d)
(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent, KURT
CARLSON, on this Count
111:
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
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2.
Finding that the Respondent violated Section 12
(d) of
the Act, 415 ILCS 5/12
(d) (2004)
;
3.
Ordering the Respondent to cease and desist from any
future violations of Section
12(d) of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against the Respondent for each violation of the
Act, and an additional civil penalty of Ten Thousand Dollars
($10,000) for each day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Section
42
(f) of the Act, 415 ILCS 5/42
(f) (2004)
,
including
attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action; and
6. Granting such other relief as the Board deems
appropriate and just.
LISA
MADIGAN, Attorney
General of the State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
A
Environmental Bureau
Assistant Attorney General
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Of Counsel:
Vanessa A.
Vail
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-5361
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CERTIFICATE
.OF
SERVICE
I, VANESSA A. VAIL, an attorney, do certify that I caused
to
be served this 3rd day of July 2006,
the foregoing Complaint and
Notice of Filing upon the persons listed on said Notice, by
Certi.fied Mail and
U.S.
MAIL.
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