Lisa Madigan
ATTORNEY GENERA1,
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
April 24, 2007
Re :
People v. Strata
Geologic Services,
Inc
.
PCB No. 06-119
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of COMPLAINANT'S MOTION
FOR LEAVE TO FILE AMENDED COMPLAINT and AMENDED COMPLAINT in regard to the
above-captioned matter . Please file the original and return a file-stamped copy to me in the
enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration .
Raymon J. Callery
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RJC/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090
•
TIT (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, Carhondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax : (618) 529-6416
RECEIVED
APR 2 7 2007
STATE OF ILLINOIS
Pollution control Board
PEOPLE OF THE STATE OF
ILLINOIS;
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Complainant,
vs.
STRATA GEOLOGIC SERVICES, INC .,
an Illinois corporation,
Respondent .
To:
Charles E . Miller III
President
Strata Geologic Services, Inc .
8281 N . Unity Road
Lena, IL 61048
NOTICE OF FILING
PCB No. 06-119
(Enforcement)
REAR
E~ FEE
0
APR
2
12001
Po
u
e
GOtoNSostd
Roseanne M . Miller
Registered Agent
Strata Geologic Services, Inc .
8281 N . Unity Road
Lena, IL 61048
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, COMPLAINANT'S MOTION FOR LEAVE TO FILE AMENDED
COMPLAINT and AMENDED COMPLAINT, copies of which are attached hereto and herewith
served upon you .
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 Divisio
MOND CALLERY
A sistant Attorney General
Environmental Bureau
BY:
AS
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 24, 2007
1
CERTIFICATE OF SERVICE
I hereby certify that I did_ on April 24, 2007, send by First Class Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments dnfit(ed'NOTICE OF FILING, COMPLAINANT'S MOTION FOR LEAVE
TO FILE AMENDED COMPLAINT and AMENDED COMPLAINT
To:
Charles E . Miller III
Roseanne M . Miller
President
Registered Agent
Strata Geologic Services, Inc .
Strata Geologic Services, Inc .
8281 N. Unity Road
8281 N . Unity Road
Lena, IL 61048
Lena, IL 61048
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
RAYM ND J
. CALLERY
Assistant Attorney General
This filing is submitted on recycled paper .
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
V .
STRATA GEOLOGIC SERVICES, INC ., )
Respondent .
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1
APR 2
7 2007
COMPLAINANT'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, respectfully moves, pursuant to Section 103 .206(d) of the
Board's Procedural Rules, 35 III . Adm
. Code 103
.206(b) and Section 2-616 of the Code of Civil
Procedure, 735 ILCS 5/2-616, for leave to file the attached Amended Complaint modifying its
claims in this action, and in supports states as follows :
This action concern releases from underground storage tanks owed by Strata at
two different locations .
2 .
On August 28, 2000, Strata reported to the Illinois Emergency Management
Agency ("IEMA") the release of gasoline from an underground storage tank owned by it and
located at 3801 14' Avenue, Rock Island, Illinois . On June 12, 2003, Strata reported to the
IEMA the release of gasoline from an underground storage tank owned by it and located at 210
East 1 s' Street, Milan, Illinois .
3.
No Answer or responsive pleading to the Complaint has been filed by Strata .
4 .
The original Complaint plead four counts, Count I-Reporting Violations-August
2000 Release, Count II-Failure to Investigate and Remediate Site-August 2000 Release, Count
III-Reporting Violations June 2003 Release, and Count IV-Failure to Investigate and Remediate
Site-June 2003 Release
.
5.
Complainant has now determined that although filed late, Strata did file a 20 Day
Certification, 45 Day Report and Site Classification Complete Report regarding the August 2000
release . Remediation has not been completed regarding the August 2000 release .
6 .
Complainant also has now determined that although neither a 20 Day
Certification nor a 45 Day Report were ever submitted, Strata did submit a Corrective Action
Completion Report regarding the June 2003 release . A No Further Remediation Letter has
been issued regarding the June 2003 release .
7.
The attached Amended Complaint pleads two counts, Count I-August 2000
Release and Count II-June 2003 Release .
8.
Pursuant to Section 103 .204(f) of the Board's Procedural Rules, the Respondent
is hereby notified : 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 .
2
WHEREFORE, Complainant respectfully asks that this Motion to File Amended
Complaint be granted and that the Amended Complaint be allowed in this pending matter .
Respectfully submitted,
Of Counsel
Raymond J
. Gallery
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Dated
: April 20, 2007
3
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
BYTHOMAS
: DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RCLERK'S
ECEIVEDOFFICE
PEOPLE OF THE STATE OF ILLINOIS,
APR 2 7 2007
STATE OF ILLINOIS
Complainant,
POIIUtIon Control Board
vs .
PCB No. 06-119
(Enforcement-UST)
STRATA GEOLOGIC SERVICES, INC .,
an Illinois corporation,
Respondent .
)
AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, for its amended complaint against Respondent, STRATA
GEOLOGIC SERVICES, INC ., an Illinois corporation, states as follows :
COUNT I
AUGUST 2000 RELEASE
1 .
This Complaint 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 ("Illinois EPA"), pursuant to 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.
The Respondent, Strata Geologic Services, Inc . ("Strata"), is, at all times
relevant to this Complaint, an Illinois corporation in good standing .
4.
Section 57.6 of the Act, 415 ILCS 5/57 .6 (2004), provides , in pertinent part, as
follows :
(a)
Owners and operators of underground storage tanks shall, in
response to all confirmed releases, comply with all applicable statutory
1
,and regulatory reporting and response requirements
.
5.
Section 731 .112 of the Pollution Control Board's Waste Disposal Regulations, 35
III . Adrn .:Code 731 .112, includes the following definitions :
"Operator" means any person in control of, or having responsibility for,
the daily operation of the UST system .
"Owner" means :
In the case of an UST system in use on November 8, 1984, but no longer
in use on that date, any person who owns an UST system used for
storage, use or dispensing of regulated substances
; and
In the case of any UST system in use before November 8, 1984, but no
longer in use on that date, any person who owned such UST immediately
before the discontinuation of its use .
"Person" means an individual, trust, firm joint stock company, federal
agency, corporation, state, unit of local government, commission, political
subdivision of a state or an interstate body . Person, also includes a
consortium, a joint venture, a commercial entity and the United States
Government
.
"Release" means any spilling, leaking, emitting, discharging, escaping,
leaching or disposing from an UST into groundwater, surface water or
subsurface
soils .
"Tank" is a stationary device designed to contain an accumulation of
regulated substances and constructed of non-earthen materials (e .g .,
concrete, steel, plastic) that provide structural support
.
"Underground area" means an underground room, such as a basement,
cellar shaft or vault, providing enough space for physical inspection of the
exterior of the tank situated on or above the surface of the floor .
"Underground release" means any below-ground release
.
"Underground storage tank" or "UST" means any one or combination of
tanks (including underground pipes connected thereto) which is used to
contain an accumulation for regulated substances, and the volume of
which (including the volume of the underground pipes connected
thereto)is ten per centum or more beneath the surface on the ground .
6.
Section 732
.100 of the Pollution Control Board's Waste Disposal Regulations, 35
2
III . Adm . Code 732 .100, provides, in pertinent part, as follows :
c)
Owners or operators subject to this Part by law or by election shall
proceed expeditiously to comply with all requirements of the Act and the
regulations and to obtain the No Further Remediation Letter signifying
final disposition of the site for purposes of this Part
. The Agency may
use its authority pursuant to the Act and Section 732 .105 of this Part to
expedite investigative, preventive or corrective action by an owner or
operator or to initiate such action
.
7 .
Section 732 .200 of the Pollution Control Board's Waste Disposal Regulations, 35
III . Adm . Code 732 .200, provides as follows
:
Owners and operators of underground storage tanks shall, in
response to all confirmed releases of petroleum, comply with all
applicable statutory and regulatory reporting and response
requirements . (Section 57 .6(a) of the Act) No work plan shall be
required for conducting early action activities .
8 .
Section 732 .202 of the Pollution Control Board's Waste Disposal Regulations, 35
Ill . Adm . Code 732 .202, provides, in pertinent part, as follows :
M* •
c)
Within 20 days after confirmation of a release of petroleum from a
UST system in accordance with regulations promulgated by the
OSFM, owners or operators shall submit a report to the Agency
summarizing the initial abatement steps taken under subsection
(b) above and any resulting information or data . The report shall
be submitted on forms prescribed by the Agency or in a similar
format containing the same information
.
e)
Within 45 days after confirmation of a release of petroleum from a
UST system in accordance with regulations promulgated by the
OSFM, owners or operators shall submit to the Agency the
information collected in compliance with subsection (d) above in a
manner that demonstrates its applicability and technical
adequacy . The information shall be submitted on forms
prescribed by the Agency or in a similar format containing the
same information .
3
9.
Section 732
.301 of the Pollution Control Board's Waste Disposal Regulations, 35
III . Adm . Code 732 .301, provides as follows :
Pursuant to Sections 732 .100 or 732 .105 of this Part, the Agency shall
have the authority to require or initiate corrective action activities in
accordance with the remainder of this Subpart C .
10 .
On August 28, 2000, Strata reported to the Illinois Emergency Management
Agency ("IEMA") the release of gasoline from an underground storage tank owned by it and
located at 3801 14th Avenue, Rock Island, Rock Island County, Illinois . During a tank removal,
it was determined that there had been a release of gasoline from one or more of four
underground tanks.
11 .
Illinois EPA did not receive a 20-Day Certification from Strata concerning the
August 28, 2000 release until October 10, 2000 . Pursuant to 35 III . Adm . Code 732 .202(c) (as
in effect prior to March 1, 2006) the owner or operator shall submit the 20-Day Certification to
Illinois EPA within 20 days after confirmation of the release . The 20-Day Certification was due
by no later than September 17, 2000
.
12 .
Illinois EPA did not receive a 45-Day Report from Strata concerning the August
28, 2000 release until November 30, 2000 . Pursuant to 35 III . Adm
. Code 732 .202(e) (as in
effect prior to March 1, 2006) the owner or operator shall submit the 45-Day Report to Illinois
EPA within 45 days after confirmation of the release
. The 45-Day Report was due by no later
than October 15, 2000 .
13 .
By letter dated May 30, 2001, Illinois EPA approved the Site Classification Work
Plan and notified Strata that the Site Classification Completion Report was due by no later than
August 28, 2001, pursuant to 35 III . Adm . Code 732 .301 .
14,
By letter dat~,d February 26, 2002, Illinois EPA notified Strata that the Site
Classification Completion Report had not been received and that this report was now due by no
4
later than March 15, 2002
.
15.
On April 18, 2002, the Illinois EPA sent a Violation Notice ("VN") to Strata
concerning the August 28, 2000 release . The VN requested a response by no later than June
2, 2002 . Strata never responded to the VN .
16. On August 30, 2002, Illinois EPA received a Site Classification Completion
Report from Strata concerning the August 28, 2000 release . On September 27, 2002, the
Illinois EPA rejected the report.
17 .
On October 24, 2002, the Illinois EPA received an Amended Site Classification
Completion Report
. The amended report was approved on December 10, 2002 .
18 .
Strata exceeded the deadline for the 20-Day Certification, exceeded the deadline
for the 45-Day Report, and exceeded two deadlines for the Site Classification Completion
Report .
19.
To date, Strata has not submitted to Illinois EPA the required Corrective Action
Completion Report concerning the August 28, 2000 release .
20.
By failing to timely submit the required reports, Strata has violated Section
57 .6(a) of the Act, 415 ILCS 5/57 .6(a) (2004) and 35 III . Adm . Code 732 .200, 732
.202(c), and
732.202(e) .
21 .
By failing to proceed in a timely manner to complete remediation, Strata has
violated Section 57 .6(a) of the Act, 415 ILCS 5/57 .6(a) (2004) and 35 III . Adm . Code
732 .100(c) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Board enter an order against the Respondent, STRATA GEOLOGIC
5
SERVICES, INC . :
A .
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein ;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C
Ordering the Respondent to cease and desist from further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5142(a)(2004), and after the
adjudication of the violations, imposing upon the Respondent a monetary penalty of not more
than the statutory maximum
; and
E .
Granting such other and further relief as the Board deems appropriate
.
COUNTII
JUNE 2003 RELEASE
1-9
.
Complainant realleges and incorporates herein by reference paragraph 1
through 9 of Count I as paragraphs 1 through 9 of this Count II .
10.
On June 12, 2003, Strata reported to the Illinois Emergency Management
Agency the release of gasoline from an underground storage tank owned by it and located at
210 East 1s' Street, Milan, Rock Island County, Illinois . The extent of release was unknown, but
the tank system at the site included one 4000 gallon gasoline tank and one 6000 gallon
gasoline tank, as well as a 4000 gallon diesel tank and an 8000 gallon kerosene tank
.
11 . Strata has never submitted to Illinois EPA the 20-Day Certification concerning the
June 12, 2003 release
. Pursuant to 35 III . Adm . Code 732 .202(c) (as in effect prior to March 1,
2006) the owner or operator shall submit the 20-Day Certification to Illinois EPA within 20 days
6
after confirmation of the release
. The 20-Day Certification was due by no later than July 2,
2003
.
12.
Strata has never submitted to Illinois EPA the 45-Day Report concerning the
June 12, 2003 release
. Pursuant to 35 III . Adm . Code 732
.202(e) (as in effect prior to March 1,
2006) the owner or operator shall submit the 45-Day Report to Illinois EPA within 20 days after
confirmation of the release . The 45-Day Report was due by no later than July 27, 2003 .
13.
On October 8, 2003, Illinois EPA sent a Violation Notice ("VN") to Strata . Strata
never responded to the VN .
14.
On October 5, 2006, Illinois EPA received from Strata a Corrective Action
Completion Report concerning the June 12, 2003 release .
15 .
On October 23, 2006, Illinois EPA issued a No Further Remediation letter
concerning the June 12, 2003 release
.
16 .
By failing to submit the required reports, Strata has violated Section 57
.6(a) of
the Act, 415 ILCS 5/57 .6(a) (2004) and 35 III . Adm . Code 732
.100(c), 732.200, 732 .202(c), and
732 .202(e) .
17 .
By failing to proceed in a timely manner to complete remediation, Strata has
violated Section 57 .6(a) of the Act, 415 ILCS 5/57
.6(a) (2004) and 35 III . Adm . Code
732 .100(c).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that this Board enter an order against the Respondent, STRATA GEOLOGIC
SERVICES, INC . :
A.
Authorizing a hearing in this matter at which time the Respondent will be required
7
to answer the allegations herein ;
herein ;
B .
C
and associated regulations ;
D .
E .
Of Counsel
Raymond J . Callery
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Dated : &(/,?° I °-7
Finding that the Respondent has violated the Act and regulations as alleged
Ordering the Respondent to cease and desist from further violations of the Act
Pursuant to Section 42(a) of the Act, 415 ILCS 5142(a)(2004), and after the
adjudication of the violations, imposing upon the Respondent a monetary penalty of not more
than the statutory maximum ; and
Grant such other and further relief as the Board deems appropriate
.
Respectfully submitted,
8
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:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
