Lisa Madigan
xrrORNEY 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. Isaacson
Construction, Inc .
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
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
October 12, 2006
RECEIVEDCLERK'S
OFFICE
OCT 1
c
2006
Pollution
STATE OF
Control
ILLINOISBoard
sten Laughridge Gale
nvironmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400 •
TTY
. (618) 529-6403 • Fax: (618) 529-6416
KLG/pp
Enclosures
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 • TTY : (312) 814-3374 • Fax: (312) 814-3806
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT
1
6
2006
Pollution
STATE OFControl
ILLINOIS
Board
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No .
~ 7
(Enforcement)
ISAACSON CONSTRUCTION, INC
.,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To :
Issacson Construction, Inc .
c/o David Edgar Issacson, R
.A .
Ft
. Jesse Road & Blair Road
P.O
. Box 288
Normal, IL 61761-0288
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 : October 12, 2006
2
MATTHEW J. DUNN hief
Environmental Er9foi'cement/Asbestos-
Litigation
isidii
-
BY:
/KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on October 12, 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:
Issacson Construction, Inc .
c/o David Edgar Issacson, R
.A.
Ft
. Jesse Road & Blair Road
P .O . Box 288
Normal, IL 61761-0288
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
117
sten Laughridge G e
Assistant Attorney General
This filing is submitted on recycled paper
.
R
CLERK'S
ECEIVED
OFFICE
OCT
l c 20
6
STATE OF ILLINOIS
Pollution Control Board
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, KRISTEN
LAUGHRIDGE GALE, 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
: October 12, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MATTHEW J . DUNN, Chief
Environmental forcement/Asbestos
Liti
Division
BY:
ISTEN LAUGHRI E GALE
Environmental Bureau
Assistant Attorney General
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No. D1
ISAACSON CONSTRUCTION, INC .,
)
an Illinois corporation,
)
Respondent .
)
(Enforcement)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Complainant,
)
Vs.
)
No. PCB
!
(Enforcement)
PEOPLE OF THE STATE OF ILLINOIS,
ISAACSON CONSTRUCTION, INC ., an
Illinois corporation,
Respondent .
CLERKEIVOFFICED
OCT
I L6 2006
STATE OF ILLINOIS
Pollution Control Board
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
The PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN, Attorney General
of the State of Illinois, on her own motion and at the request of the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, complain of the Respondent, ISAACSON
CONSTRUCTION, INC ., as follows :
COUNT I
HAZARDOUS WASTE DISPOSAL
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 in proceedings before the Illinois Pollution Control Board ("Board") .
1
3.
The Respondent, ISAACSON CONSTRUCTION,
I NC. is an Illinois corporation
in good standing and operates at 1300 Fort Jesse Road, Normal, McLean County, Illinois
("facility") .
4.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows :
No person shall :
a .
Cause or allow the open dumping of any waste
.
•
M Y
e.
Dispose, treat, store or abandon any waste.. ., except at a site or facility
which meets the requirements of this Act and of regulations and
standards thereunder .
f
Conduct any hazardous waste-storage, hazardous waste-treatment or
hazardous waste-disposal operation :
1)
without a RCRA permit for the site issued by the Agency under
subsection (d) of Section 39 of this Act, . . .
2)
In violation of any regulations or standards adopted by the Board
under this Act,
. . .
1
5 .
Section 3 .385 of the Act, 415 ILCS 5/3
.385 (2004), provides as follows :
"REFUSE" means waste .
6 .
Section 3 .535 of the Act, 415 ILCS 5/3 .535 (2004), provides as follows
:
"WASTE" means any garbage . . .
or other discarded material, including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations, and from community activities,
7 .
Section 3 .305 of the Act, 415 ILCS 5/3 .305 (2004), provides as follows
:
"Open dumping" means the consolidation of refuse from one or
more sources at a disposal site that does not fulfill the
requirements of a sanitary landfill .
2
8 .
On October 23, 2003, Illinois EPA received a citizen complaint stating that
approximately 15 to 20 drums of hazardous liquid were buried at the facility because of a
pending inspection
. The complainant detailed the location of the facility, the specific disposal
area on-site, and the manner in which the wastes were disposed
.
9 .
On November 18, 2003, Illinois EPA drove by the facility .
10 .
On November 18, 2003, the area at the facility that the complaint mentioned as
the burial site had disturbed soils .
11 .
On November 19, 2003, Mr . David Isaacson, President of Isaacson Construction,
Inc., stated that the employees had buried drums of used oil and concrete sealer in a hole in
the area described by the complainant
.
12 .
The drums contained used motor oil, rainwater, and two types of concrete
sealant, Graywall Waterproofing and Rub-R-Wall Waterproofing
.
13
.
On April 24, 2004, approximately 50 55-gallon drums were unearthed and placed
into trucks for disposal at Clinton Landfill .
14 .
On April 24, 2004, approximately 12 used tires and some scrap metal was
unearthed .
15 .
On April 24, 2004, all of the unearthed drums were crushed, but some still held
liquids .
16 .
On April 24, 2004, one drum, when punctured during removal, leaked rainwater
and used oil .
17 .
On April 24, 2004, several drums leaked green, thick, viscous liquid identified as
concrete sealer.
18 .
On April 24, 2004, one drum leaked a silver-gray liquid .
3
19.
On April 24, 2004, a sample of the silver-gray liquid was taken
. Analysis of the
sample revealed it had a flashpoint less then 70° Fahrenheit
.
20.
The silver-gray liquid is a hazardous waste pursuant to Section 721
.103 of the
Board's Hazardous Waste Regulations, 35 III . Adm . Code 721 .103, because it exhibited the
characteristic of ignitability as defined by Section 721 .121 (a) of the Illinois Pollution Control
Board's ("Board") Hazardous Waste Regulations, 35 III . Adm . Code 721 .121(a).
21 .
The 55-gallon drums and their contents are waste and refuse as defined by
Sections 3 .535 and 3 .385 of the Act, 415 ILCS 5/3
.535, 3 .385 (2004) .
22 .
The facility is not permitted as a waste-disposal operation by the Illinois EPA .
23.
By burying the waste, Respondent open dumped in violation of Section 21 (a) of
the Act, 415 ILCS 5/21 (a) (2004) .
24. Respondent disposed of waste at a facility that does not meet the requirements
of the Act or regulations thereunder, in violation of Section 21(e) of the Act, 415 ILCS 5/21(e)
(2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein ;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ;
4
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
F.
Granting such other relief as the Board may deem appropriate .
COUNTII
DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT
1-22.
The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count II
.
23.
Section 702
.110 of the Board's RCRA and UIC Permit Programs Regulations, 35
III . Adm . Code 702 .110, provides the following definitions
:
"Hazardous waste management facility" or "HWM facility" means all contiguous
land and structures, other appurtenances, and improvements on the land, used
for treating, storing, or disposing of "hazardous waste"
. A facility may consist of
several treatment, storage, or disposal operational units (for example, one or
more landfills, surface impoundments, or combinations of them)
.
24 .
Section 703
.121 of the Board's RCRA Permit Program Regulations, 35 III
. Adm .
Code 703 .121, provides in pertinent part, as follows :
a)
No person may conduct any hazardous waste storage, hazardous waste
treatment, or hazardous waste disposal operation as follows
:
1)
Without a RCRA permit for the HWM (hazardous waste
management) facility ; or
25 .
The facility does not have a RCRA permit to be a hazardous waste disposal
operation .
26 .
By disposing hazardous waste without a RCRA permit, Respondent violated
Section 21(f)(1) of the Act, 415 ILCS 5/21(f)(1)(2004), and Section 703 .121 (a)(1) of the Board's
RCRA Permit Program Regulations, 35 III
. Adm . Code 703 .121(a)(1) .
5
27.
By conducting a hazardous waste disposal operation in violation of regulations
adopted by the Board, Respondent violated Section 21(f)(2) of the Act, 415 ILCS
5/21 (f)(2)(2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
F .
Granting such other relief as the Board may deem appropriate .
COUNTIII
RCRA VIOLATIONS
1-22. The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count Ill .
23 .
Section 725 .113 of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm . Code 725 .113, provides, in pertinent part, as follows :
a)
Waste analysis:
6
1)
Before an owner or operator treats, stores, or disposes of any
hazardous wastes, or non-hazardous wastes if applicable under
Section 725 .213(d), the owner or operator must obtain a detailed
chemical and physical analysis of a representative sample of the
wastes
. At a minimum, the analysis must contain all the
information that must be known to treat, store, or dispose of the
waste in accordance with this Part and 35 III . Adm . Code 728 .
b)
The owner or operator must develop and follow a written waste analysis
plan that describes the procedures that the owner or operator will carry
out to comply with subsection (a) of this Section . The owner or operator
must keep this plan at the facility . . . .
24.
Section 725
.173(a) of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm . Code 725
.173(a), provides, in pertinent part, as follows :
a)
The owner or operatorjnust keep a written operating record at the facility .
* k
25 .
Section 725
.173(b) of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III
. Adm . Code 725 .173(b), provides the information that must be
recorded in the operating record, including but not limited to a description and quantity of the
hazardous waste, the location, and the records and results of the waste analysis
.
26 .
The Respondent's facility did not have on-site analysis results for the hazardous
waste, nor kept an operating record containing the required information regarding the
hazardous waste .
27 .
By failing to have on-site analysis results indicating that a detailed chemical and
physical analysis of the facility wastes had been done, Respondent violated Section
725 .113(a)(1) of the Board's Hazardous Waste Treatment, Storage, And Disposal Regulations,
35 111
. Adm . Code 725
.113(a)(1) .
28 .
By failing to develop and follow a written analysis plan that describes the
procedures to perform a chemical and physical analysis of the facility wastes, Respondent
7
violated Section 725
.113(b) of the Board's Hazardous Waste Treatment, Storage, And Disposal
Regulations, 35 III . Adm . Code 725 .113(b) .
29.
By failing to maintain a written operating record containing the information
required in Section 725 .173(b), Respondent violated Section 725 .173(a) of the Board's
Hazardous Waste Treatment, Storage, And Disposal Regulations, 35 III . Adm . Code
725 .173(a) .
30.
By disposing hazardous waste in violation of regulations adopted by the Court,
Respondent violated Section 21(f)(2) of the Act, 415 ILCS 5121(f)(2)(2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein ;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
F.
Granting such other relief as the Board may deem appropriate .
8
COUNT IV
HAZARDOUS WASTE EMPLOYEE TRAINING VIOLATIONS
1-22. The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count IV .
23 .
Section 725
.116(a) of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm . Code 725 .116(a), requires facilities with hazardous waste to
provide facility personal training in hazardous waste by a person trained in hazardous waste
and designed to ensure that the facility personnel are able to respond effectively to
emergencies .
24 .
There was no documentation at the facility indicating that the facility's personnel
received the required training for hazardous waste .
25 .
By failing to administer the required training for hazardous waste to the facility
personnel, Respondent violated Section 725 .116(a) of the Board's Hazardous Waste Operating
Regulations, 35 III . Adm . Code 725 .116(a).
26 .
By conducting a hazardous waste disposal site in violation of regulations adopted
by the Board, Respondent violated Section 21(f)(2) of the Act, 415 ILCS 5/21 (f)(2)(2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
9
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
F.
Granting such other relief as the Board may deem appropriate .
COUNT V
HAZARDOUS WASTE REPORTING VIOLATIONS
1-22 . The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count V .
23 .
Section 725 .111 of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm . Code 725 .111, provides as follows :
Every facility owner or operator must apply to USEPA for a USEPA identification
number in accordance with the USEPA notification procedures .
24.
Section 725 .175 of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm
. Code 725 .175, provides, in pertinent part, as follows :
The owner and operator must prepare and submit a single copy of an annual
report to the Agency by March 1 of each year . The report form and instructions
supplied by the Agency must be used for this report . The annual report must
cover facility activities during the previous calendar year . . .
•
1 M
25.
The Respondent failed to submit an annual report to the Illinois EPA for the year
2003 by March 2004 and failed to have a USEPA identification number for its facility .
26 .
By failing to submit an annual hazardous waste report, Respondent violated
Section 725
.175 of the Board's Hazardous Waste Treatment, Storage, And Disposal
Regulations, 35 III . Adm . Code 725 .175 .
10
27.
By failing to have a USEPA identification number for its facility, Respondent
violated Section 725
.111 of the Board's Hazardous Waste Treatment, Storage, And Disposal
Regulations, 35 III . Adm . Code 725 .111 .
28.
By conducting a hazardous waste disposal operation in violation of regulations
adopted by the Board, Respondent violated Section 21(f)(2) of the Act, 415 ILCS
5/21 (f)(2)(2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILLS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT VI
HAZARDOUS WASTE CONTINGENCY PLAN VIOLATIONS
1-22 . The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count VI .
11
23.
Section 725 .151 of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm
. Code 725 .151, provides in pertinent part, as follows :
a)
Each owner or operator must have a contingency plan for his facility . The
contingency plan must be designed to minimize hazards to human health
or the environment from fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water.
b)
The provisions of the plan must be carried out immediately whenever
there is a fire, explosion, or release of hazardous waste
or hazardous
waste constituents that could threaten human health or the environment .
24
.
Section 725 .152 of the Board's Hazardous Waste Treatment, Storage, And
Disposal Regulations, 35 III . Adm . Code 725 .152, describes what must be included within the
contingency plan, including by not limited to, the actions facility personnel must take in
response to the release of hazardous waste, the arrangements with the local authorities, the
emergency coordinator, and all emergency equipment .
25 .
Section 725
.153 of the Board's Interim Status Standards For Owners And
Operators of Hazardous Waste Treatment, Storage, And Disposal Facilities Regulations, 35 III .
Adm . Code 725 .153, provides, in pertinent part, as follows
A copy of the contingency plan and all revisions to the plan must be disposed as
follows :
a)
They must be maintained at the facility ; and
b)
They must be submitted to all local police departments, fire departments,
hospitals and State and local emergency response teams that may be
called upon to provide emergency services .
26 .
The facility did not have a contingency plan .
27 .
By failing to have a contingency plan, Respondent violated Sections 725.151,
725
.152, and 725 .153 of the Board's Hazardous Waste Treatment, Storage, And Disposal
Regulations, 35 III . Adm . Code 725
.151, 725 .152, 725.153 .
12
28
.
By conducting a hazardous waste disposal operation in violation of regulations
adopted by the Board, Respondent violated Section 21 (f)(2)
of the Act, 415 ILCS
5/21 (f)(2)(2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois,
respectfully requests
that the Board enter an Order against the Respondent :
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 as alleged herein ;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2004), awarding to
Complainant its costs and reasonable attorney fees
; and
F .
Granting such other relief as the Board may deem appropriate .
COUNT VII
WATER POLLUTION
1-22 . The Complainant realleges and incorporates by reference
herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count VII .
23.
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), provides that
:
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
13
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 ;
24 .
Section 3 .550 of the Act, 415 ILCS 5/3 .550 (2004), provides that :
"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 .
25
.
Section 3 .545 of the Act, 415 ILCS 5/3
.545 (2004), provides that :
"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 the livestock, wild animals, birds, fish, or
other aquatic life .
26 .
Residual contamination of soil and/or subsurface strata may be a continuing
source of further releases to the waters of the State, including groundwater
.
27 .
By causing or allowing the burial of waste, including hazardous waste, the
Respondent has threatened, caused or allowed water pollution of the groundwater, potentially
rendering such waters harmful .
28.
By doing so, Respondent has violated and will continue to violate 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 requests
that the Board enter an Order against the Respondent :
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 as alleged herein ;
14
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
D .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
F .
Granting such other relief as the Board may deem appropriate
.
COUNT VIII
WATER POLLUTION HAZARD
1-22 .
The Complainant realleges and incorporates by reference herein paragraphs 1
through 22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count VIII
and paragraphs 23 through 26 of Count VII as if fully set forth herein as paragraphs 23 through
26 of this Count VIII .
27 .
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides 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 ;
28 .
By burying waste, including hazardous waste, the Respondent has created a
water pollution hazard .
29 .
By doing so, Respondent has violated and will continue to violate Section 12(d)
of the Act, 415 ILCS 5/12(d) (2004) .
15
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
C .
and associated regulations ;
D .
E.
F .
Finding that Respondent has violated the Act as alleged herein
;
Ordering Respondent to cease and desist from any further violations of the Act
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
;
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated :
lO
12(10(
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
r'---
_ -~
THOMAS DAVIS,
til Chief
Environmental Bureau
Assistant Attorney General
16
