Lisa Madigan
NI""PURM?Y GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
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
.
Very truly yours,
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
March 13, 2007
Re :
People v. The Ridges
of Coal
Valley
Michael D
. Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
CLERK'S
OFFICE
MAR
1 5 2007
Pollution
STATE OF
Control
ILLINOISBoard
JLH/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
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400 • 'PrY
: (618) 529-6403 • Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No .
(Enforcement)
THE RIDGES OF COAL VALLEY,
)
an Illinois limited liability corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Mr. Karl H . Huntoon
Katz, Huntoon & Fieweger, PC
1000 361h Avenue
Moline, IL 61265-7126
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
RECEIVEDCLERK'S
OFFICE
MAR 1 5 2007
STATE OF ILLINOIS
Pollution Control Board
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
Litigation Division
BY:
f,
MICHAEL D . MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : March 13, 2007
2
CERTIFICATE OF SERVICE
I hereby certify that I did on March 13, 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:
Mr. Karl H
. Huntoon
Katz, Huntoon & Fieweger, PC
1000 36 1h Avenue
Moline, IL 61265-7126
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
Michael D . Mankowski
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
PEOPLE OF THE STATE OF
)
MAR 1 5 2007
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs.
)
PCB No . 0I
(Enforcement)
THE RIDGES OF COAL VALLEY, an
)
Illinois limited liability corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE
OF ILLINOIS, MICHAEL D .
MANKOWSKI, Assistant Attorney General of the State of Illinois, hereby enters his 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 ivision
BY:
/ ~r((L
Litigation
~ t
MICHAEL D
. MANKOWSKI
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : March 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1
RECEIVEDCLERK'S
OFFICE
MAR 1 5 2007
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
ex rel . LISA MADIGAN, Attorney
)
Pollution Control Board
General of the State of Illinois,
)
Plaintiff,
)
vs .
)
PCB
(Enforcement)No
.
0
THE RIDGES OF COAL VALLEY,
)
an Illinois limited liability corporation,
)
Defendant .
)
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of the
State of Illinois, on her own motion, complains of the Respondent, THE RIDGES OF COAL
VALLEY, an Illinois limited liability company, as follows :
COUNT I
WATER POLLUTION
1 .
This count is brought on behalf of the People of the State of Illinois, by Lisa
Madigan, the Attorney General of the State of Illinois, on her own motion and at the request of
the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, 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 .
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.
The Respondent, THE RIDGES OF COAL VALLEY (hereinafter "Ridges"), is an
Illinois limited liability company in good standing with the Illinois Secretary of State
.
5.
Respondent Ridges owns a piece of property known as Ridges of Coal Valley
Subdivision ("the site") consisting of 125 acres located at the corner of 1st Street and 4th
Avenue in Coal Valley, Rock Island County, Illinois
.
6.
Section 3
.550 of the Act, 415 ILCS 5/3
.550 (2004), defines "Waters" as :
"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
.
7 .
Section 3 .545 of the Act, 415 ILCS 5/3
.545 (2004), defines "Water Pollution" as
:
"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
.
8 .
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
;
d .
Deposit any contaminants upon the land in such place and
manner so as to create a water pollution hazard
;
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
2
source within the State, without an NPDES permit to 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.
9
.
Section 302 .203 of the Pollution Control Board's Water Regulations, 35 III . Adm .
Code 302 .203, provides :
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 .
10.
Section 304 .106 of the Pollution Control Board's Water Regulations, 35 III . Adm .
Code 304 .106, provides :
Offensive Discharges
In addition to the other requirements of this Part, no effluent shall contain
settleable solids, floating debris, visible oil, grease, scum or sludge solids .
Color, odor and turbidity must be reduced to below obvious levels .
11 .
Commencing on some date prior to March 14, 2006, and continuing thereafter,
Respondent, in the process of developing its subdivision, caused, threatened or allowed silt and
other matter to be discharged from its site to waters of the State in such a manner so as to
cause water pollution in violation of Section 302
.203 of the Board's Water Regulations, 35 III .
Adm. Code 302
.203 and Section 12(a) of the Act, 415 ILCS 5/12(a) (2004) .
12 .
Commencing on some date prior to March 14, 2006, and continuing thereafter,
Respondent, disturbed soil close to storm drains and other storm water conveyances in such a
manner that their deposit into waters of the State was threatened or allowed, in violation of
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004)
.
13.
Commencing on or before March 14, 2006, and continuing thereafter,
3
Respondent, by failing to maintain adequate storm water controls at its site to reduce or
eliminate erosion from the site as required by its NPDES permit, in violation of Section 12(f) of
the Act, 415 ILCS 5/12(f) (2004)
.
14.
Commencing on some date prior to March 14, 2006, and continuing thereafter,
Respondent, by allowing storm water containing excessive amounts of silt and soil solids to
discharge from its site, violated Section 304
.106 of the Illinois Pollution Control Board's Water
Regulations, 35 III . Adm . Code 304 .106 and 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, THE RIDGES OF COAL
VALLEY :
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 a civil penalty of Fifty Thousand Dollars ($50,000 .00) against
Respondent for each violation of the Act and pertinent Board regulations, with an additional
penalty of Ten Thousand Dollars ($10,000
.00) per day for each day that the violations
continued;
4
E .
Of Counsel :
MICHAEL D . MANKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/557-0586~
Dated :
3112/C2
Granting such other relief as the Board may deem appropriate
.
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
Litigation Division
BY :
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
5
