BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General of
the State of Illinois,
1
Complainant,
1
1
v.
)
No. 07-
)
(Enforcement- Water)
THOMAS P. MATHEWS,
an individual,
)
Respondent.
)
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on 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 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 35
1511 et seq.] to correct the alleged
pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
By:
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
(3
12) 8 14-0660
Electronic Filing, Received, Clerk's Office, June 8, 2007
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SERVICE LIST
~ames
A.
Campion
Campion, Curran, Dunlop
&
Lamb, P.C.
8600 U.S. Highway 14, Suite 201
Crystal Lake, IL 60012
Thomas
P. Mathews
73 14 Hancock Drive, P.O. Box 189
Wonder Lake, Illinois 60097
Electronic Filing, Received, Clerk's Office, June 8, 2007
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
LISA MADIGAN, Attorney General of
)
the State of Illinois,
)
Complainant,
v.
1
No.
1
(Enforcement- W ater)
THOMAS P. MATHEWS, an individual,
1
Respondent.
COMPLAINT
I
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, THOMAS P. MATHEWS, as follows:
COUNT I
WATER POLLUTION
I
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 the terms
and provisions of Section
3
1 of the Illinois Environmental Protection Act ("Act"), 41 5 ILCS
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS
514 (2004), and is charged inter alia, with the duty of
enforcing the Act.
Electronic Filing, Received, Clerk's Office, June 8, 2007
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("Mathews") was and is an Illinois resident.
4.
At all times relevant to this Complaint, Respondent Mathews owned a parceiof
land located at the 'intersection of Westmoor Drive and East Oakwood Drive in Wonder Lake,
McHenry County, Illinois ("Site"). The Site borders a small unnamed stream that leads to
Wonder Lake.
5.
On April 22,2005, the Illinois EPA and the
McHenry County Soil and Water
Conservation District ("SWCD) inspected the Site.
6.
At this time, large piles of soil and stone ("Fill Material"), were located on the
Site near the small stream that leads to Wonder Lake. The piles were located near the stream in
such a manner that silt-laden storm water could run off of the piles and into the stream.
7.
On April 27,2005, the Illinois EPA again inspected the Site.
8.
At this time, large piles of Fill Material were located on the Site near the small
stream that leads to Wonder Lake. The piles were located near the stream such that silt-laden
storm water could run off of the piles and into the stream. Additionally, at least one pile of Fill
Material was falling into the small stream that leads to Wonder Lake.
9.
Respondent Mathews was present during the Illinois EPA's April 27,2005
inspection of the Site, and advised the Illinois EPA inspector that he, Respondent Mathews,
would grade the Site and install some silt fencing to contain the Fill Material at the Site.
10.
On May 5,2005, the Illinois EPA again inspected the Site.
11.
At this time, more piles of Fill Material were present at the Site than had been
present during the April 2005 inspections. The piles were located near the stream such that
storm water could
run
off of the piles and into the stream. The Site had not been graded, and no
Electronic Filing, Received, Clerk's Office, June 8, 2007
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erosion controls were present at the Site.
12.
On July 28,2005, the Illinois EPA again inspected the Site.
13.
At this time, the Site had been graded. Fill Material had been deposited on the
Site in the drainage area for the unnamed stream. The drainage area of the unnamed stream
includes a wetland. Additional piles of Fill Material were located near the stream that leads to
Wonder Lake.
14.
On August 5,2005, the Illinois EPA and the SWCD inspected the Site.
15.
At this time, Fill Material was still present in the drainage area of the unnamed
stream. Additional piles of Fill Material were located near the stream that leads to Wonder Lake.
16.
On August 30,2006, the Illinois EPA and the SWCD inspected the Site.
17.
At this time, some silt fencing had been installed on the Site. The silt fencing was
either missing or improperly maintained along the western edge of the Site. Fill Material on the
Site was spilling over the silt fencing, near a storm ditch that leads to Wonder Lake. Additional
Fill Material had been deposited on the storm ditch side of the silt fencing.
18.
On May
1 1,2007, the Illinois EPA inspected the Site.
19.
At this time, the Site had been graded and had significant weed cover. The
entrance to the Site was unstabilized.
20.
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
fi-om'other sources, or
so as to violate regulations or standards adopted by the Pollution Control
Board under this Act.
Electronic Filing, Received, Clerk's Office, June 8, 2007
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21.
Section 3.3 15 of the Act, 415 ILCS 513.3 15 (2004), provides, as follows:
"PERSON" is an individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint
stock company, trust, political subdivision, state agency, or any
other legal entity, or their legal representative, agent or assigns.
22.
Respondent Mathews, an individual, is a "person" as that term is defined in the
Act.
23.
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.
24.
The exposed piles of Fill Material and silt-laden storm water present at the Site
are "contaminants" as that term is defined in Section 3.165 of the Act, 415 ILCS 513.165 (2004).
25.
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.
26.
The unnamed stream that leads to Wonder Lake is a "water" of the State of
Illinois as that
term is defined in Section 3.550 of the Act, 415 ILCS 513.550 (2004).
27.
Section 3.545 of the Act, 415 ILCS 513.545
(2004), provides the following
definition:
"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 of render such waters
harmful or detrimental or injurious to public health, safety or welfare, or to domestic,
Electronic Filing, Received, Clerk's Office, June 8, 2007
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commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock,
- .
wild animals, birds, fish or other aquatic life.
28.
From at least April 22,2005 through May 11,2007, or on dates better known to
Respondent Mathews, the Respondent deposited large piles of Fill Material onto the Site in a
manner that allowed Fill Material and silt-laden storm water to flow into the stream that leads to
Wonder Lake. Such contaminants altered, or threatened to alter, the physical, chemical, thermal,
or biological properties of the stream at the Site, and created, or were likely to create, a nuisance.
29.
Respondent, Mathews, by his actions and omissions as alleged herein, caused,
threatened, or allowed contaminants consisting of Fill Material and silt-laden storm water to
enter the waters of the State, the stream that runs into Wonder Lake, thereby causing water
pollution.
30.
By causing or tending to cause water pollution, Respondent
Mathews violated
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, THOMAS
P. MATHEWS, for the
following relief:
1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section
12(a) of the Act;
3.
Order Respondent to cease and desist from any violations of Section
12(a) of the
Act, including, but not limited to, stabilizing the entrance to the Site;
Electronic Filing, Received, Clerk's Office, June 8, 2007
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4.
Assess against Respondent a civil penalty of Fifty Thousand Dollars ($50,000.00)
for each violation of the Act and Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Order Respondent to pay all costs in this action, including expert witness,
consultant, and attorney's fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT I1
CREATING A WATER POLLUTION HAZARD
1-26. Complainant realleges and incorporates by reference herein paragraphs 1 through
19 and paragraphs 21 through 27 of Count I as paragraphs 1 through 26 of this Count
11.
27.
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides as follows:
No person shall:
(d)
Deposit any contaminant upon the land in such place and manner so as to
create a water pollution hazard.
28.
From at least April 22,2005 through at least May 11,2007, on dates better known
to Respondent, Respondent
Mathews deposited contaminants, consisting of Fill Material, onto
land near the stream and storm ditch that lead to Wonder Lake.
29.
By placing these contaminants near the stream and storm ditch where they could
be exposed to storm water and run off into waters of the State, Respondent
Mathews created a
water pollution hazard and thereby violated 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, THOMAS P. MATHEWS, for the
following relief:
Electronic Filing, Received, Clerk's Office, June 8, 2007
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1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section
12(d) of the Act;
3.
Order Respondent to cease and desist
fiom any violations of Section 12(d) of the
Act, including, but not limited to, stabilization of the entrance of the Site;
4.
Assess against Respondent a civil penalty of Fifty Thousand Dollars ($50,000.00)
for each violation of the Act and Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Order Respondent to pay all costs in this action, including expert witness,
consultant, and attorney's fees; and
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J. DUNN, Chief
nmental Enforcem
sbestos Litigation Division
,
ROS~
Environmental
Assistant Attorney General
OF COUNSEL
KATHERINE M. HAUSRATH
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
. .
Chicago, Illinois 60602
(3 12) 8 14-0660
Electronic Filing, Received, Clerk's Office, June 8, 2007
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Electronic Filing, Received, Clerk's Office, June 8, 2007
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