BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
Complainant,
1
v.
1
PCB No.
KRAFT FOODS GLOBAL, INC., a
1
(Enforcement
-
Water)
Delaware corporation,
I
Respondent.
1
I
NOTICE OF FILING
TO:
Krafi Foods Global, Inc.
C/O CT Corporation, Registered Agent
208 S.
LaSalle St., Suite
Chicago, Illinois 60604
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today, June 5,2007, I have filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy of which is attached and hereby served upon you.
Pursuant to 35
Ill. Adm. Code 103.204(f), I am required to state that 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.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
1
1
Complainant,
1
1
v.
1
)
PCB No.
KRAFT FOODS GLOBAL, INC., a
1
(Enforcement
-
Water)
Delaware corporation,
)
1
Respondent.
1
COMPLAINT
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, complains of Respondent, KRAFT FOODS GLOBAL, INC., a Delaware
corporation, as follows:
COUNT I
WATER POLLUTION
1.
This Count 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 Environmental Protection Agency ("Illinois EPA"), pursuant to Section 3 1
of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2004).
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section
4 of the Act, 41 5 ILCS 514 (2004), and charged, inter alia, with the duty of
enforcing the Act. The Illinois EPA is further charged with the duty to abate violations of the
National Pollutant Discharge Elimination System ("NPDES") permit program under the Federal
Clean Water Act ("CWA"), 33 U.S.C.
5
1342(b)(7) (2007).
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
3.
At all times relevant to this Complaint, Respondent, Kraft Foods Global,
Inc.
("Kraft"), was and is a Delaware corporation authorized to transact business in Illinois.
4.
At all times relevant to this Complaint, Kraft owned and operated a food
processing and production facility ("Facility"), located at 1555 West Ogden Avenue, Naperville,
DuPage County, Illinois ("Site").
5.
As part of its food processing and production at the Site, Kraft discharges process
wastewater across the Site to a pretreatment lagoon, located on the southwest comer of the Site.
At all times relevant to this complaint, Kraft's process wastewater lines ran over
andlor through
the storm sewers at the Site, which discharge to the West Branch of the DuPage River.
6.
On June 6,2005 and continuing through June 7,2005, one of Kraft's process
wastewater lines ruptured at the Site.
Krafi discharged approximately two hundred fifty (250)
gallons of its process wastewater, containing cooked wheat water and sugar water, onto the
ground at the Site. Kraft's process wastewater migrated to a ditch tributary to a storm sewer that
runs along Jefferson Avenue ("Jefferson storm sewer") and flowed through the Jefferson storm
sewer and into the West Branch of the DuPage River.
7.
On at least June 23,2005, or a date better known to Kraft, Kraft's process
wastewater pipe, which ran across and through the storm sewer near the employee parking lot
("western storm
sewer") at the Site, had a large horizontal corroded hole on the bottom of it.
8.
From at least June 23,2005 through June 24,2005, on dates better known to
Kraft, Kraft discharged its process wastewater containing a thick brown substance via its process
wastewater pipe, which entered the
western storm sewer at the Site through the large horizontal
corroded hole on the bottom of the process wastewater pipe, and thereupon into the Jefferson
storm sewer and into the West Branch of the DuPage River.
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
9.
On June 24,2005, the Illinois EPA inspected the Site. At that time, process
wastewater, which had been discharged from Kraft's Facility, containing
a hot thick brown
substance was present in the West Branch of the DuPage River. The western storm sewer at the
Site had an observable flow of Kraft's process wastewater containing a thick brown substance
with a temperature of one hundred and fourteen (1 14) degrees Fahrenheit.
10.
On June 28,2005, the Illinois EPA again inspected the Site. At that time,
Kraft
informed the Illinois EPA inspector that the process wastewater containing a hot thick brown
substance that it had discharged originated from its flavor kitchen clean-up, and contained
caramel, corn syrup, liquid sugar, and salt water. Kraft also informed the Illinois EPA inspector
that the discharge contained wheat water, wheat, and sugar water from two floor drains.
11.
On October 13,2005, Kraft's south lift station at the Site was leaking process
wastewater containing cooked wheat water from a hole in a ductile iron reducer pipe, located
approximately two feet south of the lift station, and discharging the process wastewater to
another storm sewer line at the eastern portion of the Site ("Jaguar storm sewer"). The Jaguar
storm sewer line discharges into the Jefferson sewer line and thereupon to the West Branch of
the DuPage River.
12.
On October 14,2005, the Illinois EPA inspected the Site. At that time, there was
another leak that was caused by a failed gasket on the process wastewater pipe, located just north
of the south lift station. A valve pit near the south lift station contained a brownish liquid, which
appeared to be rising. Additionally, in the Jaguar storm sewer at the Site, there was a brown
liquid that had a sewage type odor, which was being discharged to the Jefferson storm sewer and
to the West Branch of the DuPage River.
13.
Samples of the liquid in the valve pit near the south lift station and the Jaguar
Electronic Filing, Received, Clerk's Office, June 5, 2007
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storm sewer line at the Site contained deoxygenating wastes in the form of five day biochemical
oxygen demand ("BODSn) and total suspended solids ("TSS").
14.
On October 18,2005, the Illinois EPA inspected the Site. At that time,
Kraft
informed the Illinois EPA inspector that it had discovered an additional leak north of the south
lift station in the process wastewater line. Also, there was still a flow of slightly colored liquid
that had a sewage type odor in the Jaguar storm sewer.
15.
Section
12(a) of the Act, 415 ILCS 5/12(a)(2004), provides as follows:
No person shall:
a.
Cause or threaten or allow the discharge of any contaminant 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.
16.
Section 3.3 15 of the Act, 41 5 ILCS 513.3 15
(2004), provides the following
definition:
"PERSON" is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency or any other legal entity, or their legal
representative, agent or assigns.
17.
Respondent Kraft, a corporation, is a "person" as that term is defined in Section
3.315 of the Act,, 415 ILCS 513.315 (2004).
18.
Section 3.165 of the Act, 41 5 ILCS 513.165
(2004), provides the following
definition:
"CONTAMINANT" is any solid, liquid or gaseous matter, any odor or any form
of energy, from whatever source.
19.
Process wastewater from Kraft's Facility, containing wheat, cooked wheat water,
sugar water, a hot thick brown substance containing caramel, corn syrup, liquid sugar, and salt
4
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
water, BOD5 and TSS are "contaminants" as that term is defined in Section 3.165 of the Act, 41 5
ILCS 513.165 (2004).
20.
Section 3.550 of the Act, 415 ILCS 513.550
(2004), contains the following
definition:
"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.
21.
The West Branch of the DuPage River is a "water" of the State of Illinois as that
term is defined in Section 3.550 of the Act, 41 5 ILCS 513.550 (2004).
22.
Section 3.545 of the Act, 415 ILCS 513.545
(2004), provides the following
definition:
"Water
Pollutionyy 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 of
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.
23.
Krafi caused, threatened and/or allowed process wastewater containing wheat,
cooked wheat water, sugar water, a hot thick brown substance containing caramel, corn syrup,
liquid sugar, and salt water,
BOD5 and TSS to be discharged into a ditch tributary to the
Jefferson storm sewer, into the western storm sewer, and into the Jaguar storm sewer and
thereupon into West Branch of the DuPage River. Such process wastewater containing wheat,
cooked wheat water, sugar water, a hot thick brown substance containing caramel, corn syrup,
liquid sugar, and salt water,
BOD5 and TSS altered, or threatened to alter, the physical, thermal,
chemical, or radioactive properties of the West Branch of the DuPage River, or was likely to
render, the West Branch of the DuPage River harmful, detrimental or injurious to wild animals,
birds, fish, and other aquatic life; or created, or was likely to create, a nuisance.
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
24.
On June 6,2005 through June 7,2005, on dates better known to Kraft, Kraft
caused or allowed the discharge of process wastewater containing cooked wheat water and sugar
water into a ditch tributary
to~efferson storm sewer and thereupon into West Branch of the
DuPage River.
25.
On June 23 through June 24,2005, on dates better known to Kraft, Kraft caused
or allowed the discharge of process wastewater in the form of a hot thick brown substance
containing caramel, corn syrup, liquid sugar, and salt water, into the western storm sewer at the
Site which flowed to the Jefferson storm sewer and thereupon into West Branch of the DuPage
River.
26.
On October 13,2005, Kraft caused or allowed the discharge of process
wastewater containing cooked wheat water into the Jaguar storm sewer, and flowed or threatened
to flow to the West Branch of the DuPage River.
I
27.
On October 14,2005, Kraft, caused or allowed the discharge of process
wastewater containing at least
BODs and TSS into the Jaguar storm sewer and thereupon to the
Jefferson storm sewer at the Site and flowed to the West Branch of the DuPage River.
28.
By its actions and omissions, Kraft caused, threatened, or allowed water pollution,
and thereby violated Section
12(a) of the Act, 4'15 ILCS 5112(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respecthlly
requests that the Board enter an order against Respondent,
KRAFT
FOODS GLOBAL, INC. on
ths Count I:
1.
.Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
Electronic Filing, Received, Clerk's Office, June 5, 2007
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(2004);
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(a) of the Act, 415 ILCS 5/12(a) (2004);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(a) of the Act, with an additional penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 41 5
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.
COUNT I1
VIOLATION OF THE GENERAL USE WATER QUALITY STANDARDS
1
.-27. Complainant realleges and incorporates by reference herein paragraphs 1 through
27 of Count I as paragraphs 1 through 27 of this Count
11.
28.
Krafi's discharges at the Site are subject to the Act and the rules and regulations
promulgated by the Illinois Pollution Control Board ("Board") and the Illinois EPA. The
Board's regulations for water pollution are found in Title 35, Subtitle C, Chapter I of the Illinois
Administrative Code ("Board Water Pollution Regulations").
29.
Part 304, Subpart A, of the Board Water Pollution Regulations, 35
Ill. Adm. Code
Part 304, Subpart A, establishes general effluent standards for waters of the State.
30.
Section 304.105 of the Board Water Pollution Regulations, 35
Ill. Adm. Code
304.105, provides, in pertinent part, as follows:
In addition to the other requirements of this Part, no effluent shall,
alone or in combination with other sources, cause a violation of
any applicable water quality standard.
. . .
7
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
3 1.
Section 304.106 of the Board Water Pollution Regulations, 35
Ill. Adm. Code
304.106, provides,
in pertinent part, as follows:
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.
32.
Part 302, Subpart B, of the Board Water Pollution Regulations, 35
Ill. Adm. Code
Part 302, Subpart B, establishes general use water quality standards for
non-specified waters of
the State of Illinois.
33.
Section 302.203 of the Board Water Pollution Regulations, 35
Ill.
Adrn.
Code
302.203, provides, in pertinent part, as follows:
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
. . . .
34.
Section 301.275 of the Board Water Pollution Regulations, 35 Ill. Adm. Code
301.275, defines "effluent," in pertinent part, as follows:
"Effluent" means any wastewater discharged directly or indirectly, to the waters
of the State or to any storm sewer.
. .
35.
Section 301.425 of the Board Water Pollution Regulations, 35 Ill. Adm. Code
301.425, defines "wastewater" as follows:
"Wastewaterll means sewage, industrial waste or other waste, or
any combination of these, whether treated or untreated, plus any
admixed land runoff.
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
36.
Kraft's discharge at the Site from its Facility was
"wastewateryy,
as that term is
defined in Section 301.425 of the Board Water Pollution Regulations, 35
Ill. Adm. Code
301.425.
37.
Kraft's discharge at the Site from its Facility into the western storm sewer, the
Jaguar storm sewer, the Jefferson storm sewer, and the West Branch of the DuPage River was
"effluent" as that term is defined in Section 301.275 of the Board Water Pollution Regulations,
35
Ill. Adm. Code 301.275.
38.
On at least June 23 through June 24,2005, on dates better known to Kraft, Kraft
caused or allowed the discharge of its process wastewater in the form of a hot thick brown
substance containing caramel, corn syrup, liquid sugar, and salt water, into the western storm
sewer and flowed to the Jefferson storm sewer, and thereupon into the West Branch
of the
DuPage River, and caused the waters of the West Branch of the DuPage River, to contain sludge,
sludge solids, and obvious and visible color and turbidity that was not of natural origin.
39.
Kraft, by its actions alleged herein, caused or allowed offensive discharges and
offensive conditions in the waters of the West Branch of the DuPage River, in violation of
Sections 302.203, and 304.106 of the Board Water Pollution regulations, 35
Ill. Adm. Code
302.203, and 304.106.
40.
By discharging an effluent that caused violations of water quality standards Kraft
violated Section 304.105 of the Board Water Pollution Regulations, 35
Ill. Adm. Code 304.105.
41.
By causing or allowing the discharge of contaminants into the waters of the West
Branch of the DuPage River in violation of Board regulations, Kraft violated Section
12(a) of the
Act, 415 ILCS
5/12(a) (2004).
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent,
KRAFT FOODS GLOBAL, INC. on
this Count
11:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2004), and Sections 302.203, 304.105, and 304.106 the Board Water Pollution regulations, 35
1
Ill. Adm. Code 302.203, 304.105, and 304.106;
3.
Ordering the Respondent to cease and desist
fiom any further violations of
I
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), and Sections 302.203, 304.105, and 304.106
the Board Water Pollution regulations, 35
Ill. Adm. Code 302.203,304.105, and 304.106;
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(a) of the Act and Sections 302.203,
304.105, and 304.106 of the Board Water Pollution regulations, with an additional penalty of
Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section
42(0 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.
COUNT I11
WATER POLLUTION HAZARD
1 .-22. Complainant realleges and incorporates by reference herein paragraphs 1 through
14 and paragraphs
16 through 23 of Count I as paragraphs 1 through 22 of this Count 111.
23.
Section 12(d) of the Act, 415 ILCS 5/12(d) '(2004), provides as follows:
Electronic Filing, Received, Clerk's Office, June 5, 2007
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No person shall:
*
*
*
(d)
Deposit any contaminant upon the land in such place and manner so as to
create a water pollution hazard.
24.
From at least June 6, 2005, through at least June
7, 2005, on dates better known to
Kraft, Kraft caused or allowed the discharge onto the ground at the Site, approximately two
hundred fifty (250) gallons of its process wastewater containing cooked wheat water and sugar
water.
25.
Krafi's process wastewater containing cooked wheat water and sugar water
migrated to a ditch tributary to the Jefferson storm sewer, flowed through the Jefferson storm
sewer and into the West Branch of the
DuPage River.
26.
By its actions as alleged herein,
Krafi created a water pollution hazard, 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 against Respondent,
KRAFT FOODS GLOBAL, INC. on
this Count
111:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section 12(d) of the Act, 415 ILCS 5/12(d)
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(d) of the Act, 41 5 ILCS 5/12(d) (2004);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(d) of the Act, with an additional penalty
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering 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.
COUNT IV
DISCHARGING TO WATERS OF THE STATE WITHOUT AN NPDES PERMIT
1 .-21. Complainant realleges and incorporates by reference herein paragraphs 1 through
I
14 and paragraphs 16 through 21 of Count I and paragraph 28 of Count II,as paragraphs 1
through 2 1 of this Count
IV.
22.
Section
12(f) of the Act, 415 ILCS 5/12(f) (2004), provides, in pertinent part, as
follows:
No person shall:
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
fiom 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.
. . .
23.
Section 309.102(a) of the Board Water ~ollution Regulations, 35 Ill.
Adrn.
Code
309.102(a), provides as follows:
NPDES Permit Required
a)
Except as in compliance with the provisions 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
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
any person into the waters of the State from a point source or into a well
shall be unlawful.
24.
Section 301.240 of the Board Water Pollution Regulations, 35
Ill. Adm. Code
301.240, provides the following definition:
"CWA" means the Federal Water Pollution Control Act, as amended, (33 U.S.C.
125 1 et seq., Public Law 92-500 enacted by Congress October 18, 1972 as
amended by the "Clean Water Act", Public Law 95-217, enacted December 12,
1977, as amended.)
25.
Section
1362(14) of the CWA, 33 U.S.C.A. ยง1362(14) (2007), provides the
following definition:
14)
The term "point source" means any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include
agricultural stormwater discharges and return flows
from irrigated
agriculture.
26.
The Jefferson storm sewer
outfall at the Site that discharges to the West Branch.of
the DuPage River is a discernible, confined and discrete conveyance, and therefore constitutes a
"point source," as that term is defined in Section
1362(14) of the CWA, 33 U.S.C.A. $1362(14)
(2007).
27.
The Illinois EPA has never issued a NPDES permit authorizing the point source
discharge alleged herein.
28.
On June 6,2005 through June 7,2005, on dates better known to
Kraft, Kraft
caused or allowed the discharge of process wastewater, containing cooked wheat water and sugar
water into a ditch tributary to the Jefferson storm sewer and thereupon into West Branch of the
DuPage River.
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
29.
On June 23 through June 24,2005, on dates better known to Kraft, Kraft caused
or allowed the discharge of process wastewater in the form of a hot thick brown substance
containing caramel, corn syrup, liquid sugar, and salt water into the western storm sewer at the
Site flowing to the Jefferson storm sewer and thereupon into West Branch of the DuPage River.
30.
On October 14,2005, Kraft caused or allowed the discharge of process
wastewater containing at least
BOD5 and TSS into the Jaguar storm sewer and thereupon to the
Jefferson storm sewer at the Site and flowed to the West Branch of the DuPage River.
31.
On June 6,2005 through June 7,2005, on June 23 through June 24,2005, and
October 14,2005 on dates better known to Kraft,
Krafi caused or allowed the discharge of its
process wastewater containing wheat, cooked wheat water, sugar water, a hot thick brown
substance containing caramel, corn syrup, liquid sugar, and salt water,
BODs and TSS,
contaminants, to the West Branch of the DuPage River, waters of the State, without an NPDES
permit.
32.
By discharging process wastewater containing wheat, cooked wheat water, sugar
water, a hot thick brown substance containing caramel, corn syrup, liquid sugar, and salt water,
BOD5 and TSS, contaminants, into West Branch of the DuPage River, waters of the State,
without an NPDES permit, Kraft violated Section
12(f) of the Act, 415 ILCS 5/12(f) (2004), and
Section
309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code 309.102(a).
33.
On October 13,2005, Kraft caused or allowed the discharge of process
wastewater containing cooked wheat water, a contaminant, into the Jaguar storm sewer, and
discharged, or threatened to discharge, to the West Branch of the DuPage River, waters of the
State, without an NPDES permit.
34.
By discharging process wastewater containing cooked wheat water, a
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
contaminant, into the Jaguar storm sewer, and discharging or threatening to discharge to the
West Branch of the
DuPage River, waters of the State, without an NPDES permit, Kraft 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 against Respondent,
KRAFT
FOODS GLOBAL, INC. on
this Count
IV:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(f) of the Act, 415 ILCS 5/12(f)
(2004), and Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
309.102ia);
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(f) of the Act, 41 5 ILCS 5/12(f) (2004) and Section 309.102(a) of the Board Water
Pollution Regulations, 35
Ill. Adm. Code 309.102(a);
4.
Assessing against Respondent, pursuant to Section
42(b)(l) of the Act, a civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of violation of Section
12(9 of the
Act and Section
309.102(a) of the Board Water Pollution Regulations;
5.
Ordering 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.
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
COUNT V
SYSTEMS RELIABILITY VIOLATIONS: FAILURE TO PREVENT MALFUNCTIONS
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
Lisa Madigan, Attorney General of the State of Illinois, on her own motion, pursuant to
the terms and provisions of Section 42 of the Act, 415 ILCS 5/42 (2004).
2.-28. Complainant realleges and incorporates by reference herein paragraphs 2 through
27 of Count I and paragraph 28 of Count I1 as paragraphs 2 through 28 of this Count V.
I
29.
Section 306.102(a) of the Board Water Pollution Regulations, 35 Ill. Adrn. Code
306.102(a), provides as follows:
Systems Reliability
a)
Malfunctions: All treatment works and associated facilities shall be so
constructed and operated as to minimize violations of applicable standards
during such contingencies as flooding, adverse weather, power failure,
equipment failure, or maintenance, through such measures as multiple
units, holding tanks, duplicate power sources, or such other measures as
may be appropriate.
30.
At all times relevant to this complaint, process wastewater lines tributary to the
treatment works at the Site were obsolete and deteriorated, in that they had become corroded and
were leaking, and by continuing to operate the obsolete and deteriorated process wastewater
lines,
Kraft failed to minimize violations of applicable standards at the Site.
I
3 1.
By failing to take remedial action to repair its treatment works and associated
facilities in a timely manner to avoid causing violations of applicable standards, including the
violations as alleged in this complaint,
Kraft violated Section 306.102(a) of the Board Water
Pollution Regulations, 35
Ill. Adm. Code 306.102(a), thereby violating Section 12(a) of the Act,
415 ILCS
5/12(a) (2004).
I
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
requests that the Board enter an order against Respondent, KRAFT FOODS GLOBAL, INC. on
this Count V:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2004), and Section 306.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
306.102(a);
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(a) of the Act, 415 ILCS 5/12(a) (2004), and Section 306.102(a) of the Board Water
Pollution Regulations, 35
Ill. Adm. Code 306.102(a);
4.
Assessing against Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(a) of the Act and Section 306.102(a) of
the Board Water Pollution Regulations, with an additional penalty of Ten Thousand Dollars
($1 0,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section
42(f) of the Act, 415
I
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.
COUNT VI
SYSTEMS RELIABILITY VIOLATIONS:
FAILURE TO PREVENTAGE SPILLAGE OF CONTAMINANTS
1 .-29. Complainant realleges and incorporates by reference herein paragraphs 1 through
28 of Count I and paragraph 28 of Count
I1 as paragraphs 1 through 29 of this Count VI.
30.
Section
306.102(b) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
306.102(b), provides as follows:
Systems Reliability
b)
Spills: All reasonable measures, including where appropriate the provision
of catchment areas, relief vessels, or entrapment dikes, shall be taken to
prevent any spillage of contaminants from causing water pollution.
31.
On June 6,2005 through June 7,2005, on at least June 23 through June 24,2005,
and on October 14,2005, on dates better known to Kraft, Kraft failed to employ entrapment
dikes in the western storm sewer, the Jaguar storm sewer, or the Jefferson storm sewer or to take
other reasonable measures to prevent any spillage of contaminants
frdm causing water pollution.
I
32.
By failing to employ entrapment dikes in the western storm sewer, the Jaguar
storm sewer, or Jefferson storm sewer or to take other reasonable measures to prevent any
spillage of contaminants
fiom causing water pollution, Kraft violated Section 306.102(b)of the
Board Water Pollution Regulations, 35
Ill. Adm. Code 306.102(b), thereby violating Section
12(a) of the Act, 415 ILCS 5/12(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent,
.
KRAFT FOODS GLOBAL, INC. on
this Count VI:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2004), and Section 306.102(b) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
306.102(b);
3.
Ordering the Respondent to cease and desist from any further violations of
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), and Section 306.102(b) of the Board Water
Pollution Regulations, 35
Ill. Adm. Code 306.102(b);
4.
'
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(a) of the Act and Section 306.102(b) of
the Board Water Pollution Regulations, with an additional penalty of Ten Thousand Dollars
I
($10,000.00) for each day of violation;
5.
Ordering 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.
COUNT VII
VIOLATION OF EFFLUENT LIMITATIONS
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
Lisa Madigan, Attorney General of the State of Illinois, on her own motion, pursuant to
the terms and provisions of Section 42 of the Act, 415 ILCS 5/42 (2004).
2.-26. Complainant realleges and incorporates by reference herein paragraphs 2 through
21 of Count I, and paragraph 28 and paragraphs 34 through 37 of Count
I1 as paragraphs 2
1
through 26 of this Count VII.
27.
Section
304.120(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
304.120(a), provides, in pertinent part, as follows:
Deoxygenating Wastes
Except as provided in 35
Ill. Adm. Code 306.Subpart C, all effluents containing
deoxygenating wastes shall meet the following standards:
a)
No effluent shall exceed 30
mg/L of five day biochemical oxygen demand
(BODS) (STORET number 003 10) or 30 mg/L of suspended solids
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
(STORET number 00530).
. .
28.
In June 2005 and October 2005, Kraft discharged effluent from its Facility into
the western storm sewer, the Jaguar storm sewer, the Jefferson storm sewer, and to the West
Branch of the
DuPage River fiom the Jefferson storm sewer at the times and in the amounts set
forth below:
29.
By discharging its effluent to the West Branch of the DuPage River from the
Jefferson storm sewer at levels of
BOD5 and TSS in excess of 30 mg/L, Kraft violated Section
304.120(a) of the Board Water Pollution Regulations, 35 Ill. Adrn. Code 304.120(a), thereby
violating Section
12(a) of the Act, 415 ILCS 5/12(a)(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, KRAFT FOODS GLOBAL, INC. on
this Count
VII:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2004), and Section 304.120(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
304.120(a);
3.
Ordering the Respondent to cease and desist
fiom any further violations of
Section
12(a) of the Act, 41 5 ILCS 5/12(a) (2004), and Section 304.120(a) of the Board Water
20
Dates
June 7,2005
June 23,2005
June 23,2005
October 14,2005
Location of Sample Taken
Jefferson storm sewer outfall
Jefferson storm sewer outfall
Jefferson storm sewer outfall
Jaguar storm sewer
BOD5
30 mgll
915
2280
25 8
690
TSS
30 mg/l
5 4
--
--
5 4
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
Pollution Regulations, 35 Ill. Adrn. Code 304.120(a);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section
12(a) of the Act and Section 304.120(a) of
the Board Water Pollution Regulations, with an additional penalty of Ten Thousand Dollars
($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section
42(Q 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.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General of the State of Illinois,
MATTHEW
J. DUNN, Chief
Environmental Enforcement1
Asbestos Litigation Division
BY.
.TT<.
Environmental Bureau
Assistant Attorney General
Of Counsel:
STEPHEN
J. SYLVESTER
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, IL 6060
Tel: (312) 814-2087
Fax: (3 12) 8 14-2347
Email: ssylvester@atg.state.il.us
2 1
Electronic Filing, Received, Clerk's Office, June 5, 2007
* * * * * * PCB 2007-124 * * * * * *
CERTIFICATE OF SERVICE
I, Stephen J. Sylvester, an Assistant Attorney General, do certify that a true and correct
copy of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the person listed on the Notice of Filing on June 5,2007.
BY:
Electronic Filing, Received, Clerk's Office, June 5, 2007
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