Lisa Madigan
Al I ORNI!Y GENFRAI .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
February 26, 2007
Re : People v
. Durre Bros
. Welding and Machine Shop, 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
.
JB/pp
Enclosures
Thank you for your cooperation and consideration
.
Very truly yours,
Jennifer Bonkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
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 • '1'7Y
: (312) 814-3 .374 • Fax : (312) 814-3806
1001 Fast Main, Carbondale, Illinois 62901 • (618) 529-6400
• TTY : (618) 5Z9-6403
• Fax : (618) 529-6416
RECEIVEDCLERK'S
OFFICE
FEB 2 8 2007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
t
vs .
)
PCB No .
d
;
(Enforcement)
DURRE BROS . WELDING AND
)
MACHINE SHOP, INC .,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Marc L . Durre, R .A.
Durre Bros . Welding and Machine Shop, Inc .
So . Chestnut Street
P.O . Box 39
Minonk, IL 61760
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 .
RECEIVEDCLERK'S
OFFICE
FEES
2 0 2007
Pollution
STATE OFControl
ILLINOISBoard
1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILLS 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
Litigation Division
BY: l
JENNIF~R BONKOWSKI
,'Assists t Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 26, 2007
2
CERTIFICATE OF SERVICE
I hereby certify that I did on February 26, 2007, 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:
Marc L . Durre, R .A.
Durre Bros . Welding and Machine Shop, Inc .
So. Chestnut Street
P.O . Box 39
Minonk, IL 61760
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 .
Jendifer Bonko
Assistant Attorn
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
FEB 2 8 2007
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs .
)
PCB No .
(Enforcement)
DURRE BROS
. WELDING AND
)
MACHINE SHOP, INC .,
)
an Illinois corporation,
)
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
BY
fJ
:-INNIFEWl(.i'lBONKOWSKI:L .
.~
Erivironmdntal Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 26, 2007
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB NO. 07-
(Enforcement)
DURRE BROS . WELDING AND MACHINE
)
SHOP, I NC . an Illinois corporation,
)
Respondent .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, DURRE BROS . WELDING AND
MACHINE SHOP, INC ., an Illinois corporation, as follows :
COUNT I
WATER POLLUTION
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") .
3 .
Durre Bros . Welding and Machine Shop, Inc . ("Durre"), is an Illinois corporation
in good standing .
4 .
Durre is the operator of an industrial site ("site"), a welding and machine shop
facility located at 405 S . Chestnut Street, Minonk, Woodford County, Illinois .
1
RECEIVED
CLERK'S
OFFICE
FEG
2
IS
2007
Pollution
STATE OFControl
ILLINOIS
Board
5 .
Since 1998, Durre has conducted the following industrial activities at the site :
metal sawing, flame and laser cutting, press break welding, shot blasting, drilling, spray
washing and powder coat painting .
6 .
A one-third acre, seventeen foot deep pond on site is stocked with fish and is a
water of the State .
7 .
A smaller, approximately 400 square foot pond is also on site, discharges to the
pond referenced in paragraph 6, and is also a water of the State .
8 .
The federal Clean Water Act regulates the discharge of pollutants from a point
source into navigable waters and prohibits such point source discharges without an NPDES
permit . The United States Environmental Protection Agency ("USEPA") administers the
NPDES program in each State unless the USEPA has delegated authority to do so to that
State . The USEPA has authorized the State of Illinois to issue NPDES permits through the
Illinois EPA in compliance with federal regulations .
9 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following prohibitions :
No person shall :
(a)
(f)
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 .
(d)
Deposit any contaminants upon the land in such
place and manner so as to create a water pollution
hazard ;
Cause, threaten or allow the discharge of any
contaminant into the waters of the State, as
2
309 .102(a), provides :
definition :
definition :
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 .
10 .
Section 309
.102(a) of the Board's Water Pollution Regulations, 35 111 . Adm . Code
a)
Except as in compliance with the provision 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 .
11 .
The Respondent is a "person" as that term is defined under Section 3 .315 of the
Act, 415 ILCS 5/3 .315 (2004), as follows :
"Person" is any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, state agency, or any other legal entity, or their legal
representative, agency or assigns .
12 .
Section 3 .545 of the Act, 415 ILCS 5/3 .545 (2004), provides the following
"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 .
13 .
Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004), provides the following
3
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or
any form of energy, from whatever source .
14 .
On April 19, 2005, the Illinois EPA inspected the site
. On that date, an active
industrial storm water discharge was present on site
. Wastewater from the shot blaster
equipment was discharged to the stocked pond
.
15 .
Unpermitted effluent from a private sewage system on site enters the small
pond
. A sample from the small pond taken on April 19, 2005, was later analyzed and results
demonstrated high levels of organic wastes, comparable to that of raw sewage
.
16.
On or before April 19, 2005, Respondent caused, allowed or threatened the
discharge of wastewater from the site into waters of the State so as to cause or tend to cause
water pollution by creating a nuisance or rendering such waters harmful or detrimental or
injurious to fish or other aquatic life .
17.
On or before April 19, 2005, Respondent caused, allowed or threatened the
discharge of effluent containing high levels of organic wastes from the site into waters of the
State so as to cause or tend to cause water pollution by likely rendering such waters harmful or
detrimental or injurious to aquatic life .
18.
By so causing, allowing or threatening to cause water pollution, 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, DURRE BROS
. WELDING
AND MACHINE SHOP, INC.
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
4
B .
Finding that Respondent, DURRE BROS
. WELDING AND MACHINE SHOP,
INC
., has violated the Act and regulations as alleged herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum
;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNTII
OPERATION WITHOUT AN NPDES PERMIT
1-14. Complainant realleges and incorporates by reference herein paragraphs 1 to 14
of Count I as paragraphs 1 to 14 of this Count II
.
15.
The following industrial activities conducted at the site fall under Standard
Industrial Classification ("SIC") code 35, industrial machinery and equipment
: metal sawing,
flame and laser cutting, press break welding, shot blasting, drilling, spray washing and powder
coat painting .
16 .
Pursuant to 40 C .F.R. 122
.26(b)(14),such activities trigger the NPDES industrial
storm water permit requirement .
17 .
On April 19, 2005, the site was not covered by an NPDES industrial storm water
permit .
18 .
By conducting SIC code 35 industrial activities at the site, and discharging
wastewater associated from these activities without an NPDES permit, the Respondent caused,
threatened or allowed the discharge of any contaminant into the waters of the State in violation
of Section 12(f) of the Act, 415 ILCS 5/12(f) (2004) .
5
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, DURRE BROS . WELDING
AND MACHINE SHOP, INC. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent, DURRE BROS . WELDING AND MACHINE SHOP,
INC ., has violated the Act and regulations as alleged herein ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
E .
Grant such other and further relief as the Board deems appropriate
.
COUNTIII
WATER POLLUTION HAZARD
1-14 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 14 of Count I as paragraphs 1 through 14 of this Count III .
15 .
On or before April 19, 2005, the site discharged wastewater from its wash line
onto the land surface on the north side of the facility .
16.
The Respondent therefore caused or allowed wastewater, a contaminant, to
remain on land surfaces on site in close proximity to the ponds on site .
6
17. The Respondent caused or allowed contaminants to be deposited upon the land
in such place and manner as to create a water pollution hazard through its proximity to waters
of the State, thereby violating Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, DURRE BROS . WELDING
AND MACHINE SHOP, INC . :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that Respondent, DURRE BROS
. WELDING AND MACHINE SHOP,
INC ., has violated the Act and regulations as alleged herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum ;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
E.
Grant such other and further relief as the Board deems appropriate .
COUNT IV
LAND POLLUTION VIOLATIONS
1-7.
Complainant realleges and incorporates by reference herein paragraphs 1
through 5 and 14 of Count I, and paragraph 15 of Count III, as paragraphs 1 through 7 of this
Count IV .
8.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows:
No person shall :
7
(a)
Cause or allow the open dumping of any waste .
(d)
Conduct any waste-storage, waste-treatment, or waste-disposal
operation
:
(1) without a permit granted by the Agency or in violation of any
conditions imposed by such permit ;
(2)
in violation of any regulations or standards adopted by the
Board under this Act ;
(e)
Dispose, treat, store or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or
abandonment, except at a site or facility which meets the
requirements of this Act and of regulations and standards
thereunder
.
9 .
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
.
10 .
Section 3 .535 of the Act, 415 ILCS 5/3 .535 (2004), provides as follows :
"Waste" means any garbage, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility 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 . . . .
11 .
On or before April 19, 2005, and continuing through a date better known to
Respondent, Durre caused or allowed the open dumping of waste at the site through the
consolidation and land application of industrial liquid waste . The site is not permitted by the
Illinois EPA as a sanitary landfill nor does the site meet the requirements of the Act and of the
regulations and the standards promulgated thereunder .
12 .
By causing or allowing the open dumping of waste, Durre violated Section 21 (a)
of the Act, 415 ILCS 5/21 (a) (2004) .
8
13.
By disposing of waste at a site that is not permitted by the Illinois
EPA as a sanitary landfill, Durre violated Section 21 (d)(2)
of the Act, 415 ILLS 5/21
(d)(2)
(2004) .
14 .
By disposing of waste at a site that does not meet the requirements
of the Act and of the regulations and the standards promulgated thereunder, Durre violated
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
request that the Board enter an Order against the Respondent, DURRE BROS . WELDING
AND MACHINE SHOP, INC . :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that Respondent, DURRE BROS . WELDING AND MACHINE SHOP,
INC.,
has violated the Act and regulations as alleged herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees ; and
E .
Grant such other and further relief as the Board deems appropriate .
9
COUNT V
USED OIL MANAGEMENT STANDARD VIOLATIONS
1-6
.
Plaintiff realleges and incorporates by reference herein paragraphs 1 through 5
and 14 of Count I as paragraphs 1 through 6 of this Count V .
7.
Section 739 .122 of the Pollution Control Board's Standards for the Management
of Used Oil, 35 III
. Adm . Code 739 .122, provides as follows :
Used Oil Storage
c) Labels.
1) Containers and aboveground tanks used to store used oil at generator
facilities must be labeled or marked clearly with the words "Used Oil ."
8.
On April 19, 2005, containers that stored used oil were not labeled with the
words "used oil ."
9.
By storing containers filled with used oil without clearly labeling them
as to the containers' contents, the Respondent violated Section 739 .122 of the Pollution Control
Board's Standards for the Management of Used Oil, 35 III . Adm . Code 739 .122 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, DURRE BROS . WELDING
AND MACHINE SHOP, INC . :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent, DURRE BROS
. WELDING AND MACHINE SHOP,
INC ., has violated the Act and regulations as alleged herein ;
10
C .
Respondent a monetary penalty of not more than the statutory maximum
;
D .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
Complainant its costs and reasonable attorney fees
; and
E.
Of Counsel :
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-90 1
Dated : /
7
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Grant such other and further relief as the Board deems appropriate .
Respectfully submitted,
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
11
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J
. DUNN, Chief
Environmental EnforcemenUAsbestos
Litigation Division
C-
G'
