BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA MADIGAN, Attorney
)
General of the State of Illinois,
1
Complainant,
1
No.
v.
)
ARONA CORPORATION, an Iowa corporation,
)
D/B/A AARON'S SALES
&
LEASE
)
OWNERSHIP
1
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 351511 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:
h%Ql7kd
KATHERINE M. AAUSRATH
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(3
12) 814-0660
Electronic Filing, Received, Clerk's Office, July 18, 2007
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SERVICE LIST
Arona Corporation
C/O CT Corporation System
208 S.
LaSalle Street, Suite 814
Chicago, Illinois 60604
Arona Corporation
Thomas
R. Bernau, President
480
1 Grand Avenue
Des Moines, Iowa 503
12
Electronic Filing, Received, Clerk's Office, July 18, 2007
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
General of the State of Illinois,
Complainant,
v.
ARONA CORPORATION, an Iowa corporation,
D/B/A AARON'S SALES
&
LEASE
OWNERSHIP
.
Respondent.
COMPLAINT FOR INJUNCTION AND CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
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 the Respondent,
ARONA CORPORATION, an Iowa corporation,
d/b/a AARON'S SALES
&
LEASE
OWNERSHIP, as follows:
COUNT I
WATER POLLUTION
1.
This complaint is brought on behalf of the People of the State of Illinois, by
Lisa
Madigan, Attorney General of the State of Illinois, against Arona Corporation on her
own motion and at the request of the Illinois Environmental Protection Agency ("Illinois
EPA") pursuant to the terms and conditions of Section
3
1 of the Illinois Environmental
Protection Act ("Act"),
4 15 ILCS
513
1 (2006).
Electronic Filing, Received, Clerk's Office, July 18, 2007
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2. The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the
Act,
415 ILCS 514 (2006), and charged, inter alia, with the
duty of enforcing the Act.
3. At all times relevant to this Complaint, Respondent Arona Corporation
("Arona") was and is an Iowa corporation registered and qualified to transact business in
the State of Illinois.
Arona's corporate office is located at 4801 Grand Avenue, Des
Moines, Iowa.
4. From at least August 16,2006, and continuing through the date of filing of this
Complaint, or a date better known to Arona, Arona operated and operates a business that
sells and leases residential and office furniture, consumer electronics, appliances, and
computers located at 3730 East State Street, Rockford, Winnebago County, Illinois,
which is the subject of this Complaint.
5. At all times relevant to this Complaint, Arona did and does business at the
Rockford location as Aaron's Sales
&
Lease Ownership.
6. On August 16,2006, or a date better known to Arona, an agent or
representative of Arona transferred gasoline into the fuel tank of a truck
("Truck") which
was equipped with a diesel engine.
7.
At all times relevant to this Complaint, the Truck was owned
andfor
operated by Arona.
8. On August 16,2006, or a date better known to Arona, after Arona transferred
gasoline into the Truck's fuel tank, Arona drained gasoline from the Truck's fuel tank
into a container.
Electronic Filing, Received, Clerk's Office, July 18, 2007
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9. On August 16,2006, or a date better known to Arona, Arona dumped between
two and twenty gallons of gasoline from a container on to the ground located behind and
on the eastern edge of a property located at 2932
18" Street in Rockford, Winnebago
County, Illinois ("Site").
I
10. On August 16,2006, or a date better known to Arona, Arona dumped
between two and twenty gallons of gasoline from a container into a storm sewer opening
located at the Site. This gasoline collected in the storm sewer catch basin.
11. On August 16,2006, Illinois EPA investigated the Site. At that time,
approximately two square yards of ground at the Site were visibly contaminated by
I
gasoline.
12. On August 16,2006, Illinois EPA sampled the soil at the Site. Testing of
these soil samples confirmed the presence of benzene, toluene, ethylbenzene, and xylenes
I
in the soil. Benzene was detected in a concentration of 320,000 micrograms per
kilogram. Toluene was detected in a concentration of 1,600,000 micrograms per
I
kilogram. Ethylbenzene was detected in a concentration of 450,000 micrograms per
kilogram. Xylenes were detected in a concentration of 2,300,000 micrograms per
kilogram.
13. Section
12 of the Act, 4 1 5 ILCS 511 2 (2006), provides in pertinent part as
follows:
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.
Electronic Filing, Received, Clerk's Office, July 18, 2007
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14. Section 3.3 15 of the Act, 41 5 ILCS 513.3 15 (2006), 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.
15.
Arona is a "person" as that term is defined in Section 3.3 15 of the Act, 41 5
ILCS 513.3 15 (2006).
16. Section 3.165 of the Act,
4 15 ILCS 513.165 (2006), provides the following
definition:
"Contaminant" is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
17. Gasoline, benzene, toluene, ethylbenzene, and xylenes are each a
"contaminant" as that term is defined in Section 3.165 of the Act, 4 1 5 ILCS 513.165
18. Section 3.550 of the Act, 41 5 ILCS 513.550
(2006), 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.
19. Storm waters from the area in and around the Site discharge into the
storrnwater sewer system catch basins at the Site, and from the catch basins into the
stormwater sewer system and the waters of the Rock River.
20. The stormwater in the stormwater sewer catch basins and the Rock River are
each "waters" as that term is defined in Section 3.550 of the Act, 415 ILCS 513.550
Electronic Filing, Received, Clerk's Office, July 18, 2007
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21. Section 3.545 of the Act, 415 ILCS 513.545 (2006), 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 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.
22. By causing, threatening, or allowing the discharge of gasoline containing
benzene, toluene, ethylbenzene, and xylenes into the storm sewer at the Site, which
ultimately discharges to the Rock River, and onto the ground at the
Sit& Respondent
Arona caused, threatened or allowed the discharge of a contaminant into the environment
so as to cause or tend to cause water pollution in Illinois.
23. By causing or tending to cause water pollution in Illinois, Respondent Arona
thereby violated Section 12(a) of the Act, 4 15 ILCS 511 2(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an Order against the Respondent, ARONA
CORPORATION, an Iowa corporation,
d/b/a AARON'S SALES
&
LEASE
0 WNERSHIP:
1.
Authorizing a hearing in the matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated Section
12(a) of the Act;
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(a) of the Act;
Electronic Filing, Received, Clerk's Office, July 18, 2007
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4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
the Respondent for each violation of the Act, with an additional civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation;
5.
Taxing all costs in this action, including expert witness, consultant and
attorney fees, against the Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT I1
WATER POLLUTION HAZARD
1-20. Complainant realleges and incorporates by reference herein paragraphs 1
through 12 and paragraphs 14 through 2 1 of Count I as paragraphs 1 through 20 of this
Count
11.
21. Section 12(d) of the Act, 415 ILCS 5/12(d) (2006), provides as follows:
No person shall:
(d) Deposit any contaminants upon the land in such place and manner so
as to create a water pollution hazard.
22.
dn August 16,2006, or a date better known to Arona, Arona caused or
allowed gasoline containing benzene, toluene, ethylbenzene, and xylenes to be dumped
on the ground at the Site and to remain in the soil matrix underlying the Site, so as to
create an ongoing potential source of contamination
and.a water pollution hazard.
23. By its actions as alleged herein, Respondent Arona violated Section
12(d) of
the Act, 41 5 ILCS
5/12(d) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an Order against the Respondent, ARONA
Electronic Filing, Received, Clerk's Office, July 18, 2007
* * * * * PCB 2008-008 * * * * *
CORPORATION, an Iowa corporation, d/b/a AARON'S SALES
&
LEASE
OWNERSHIP:
1.
Authorizing a hearing in the matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated Section
12(d) of the Act;
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(d) of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
the Respondent for each violation of the Act, with an additional civil penalty of Ten
Thousand Dollars ($1 0,000.00) for each day of violation;
5.
'
Taxing all costs in this action, including expert witness, consultant and
attorney fees, against the Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT I11
OPEN DUMPING
1
-
14. Complainant realleges and incorporates by reference herein paragraphs 1
through 12 and paragraphs 14 through 15 of Count I as paragraphs 1 through 14 of this
Count
111.
15. Section 2 1 of the Act, 4 15 ILCS 512 1 (2006), provides, in pertinent part, as
follows:
No person shall:
a.
Cause or allow the open dumping of any
waste.
Electronic Filing, Received, Clerk's Office, July 18, 2007
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16. Section 3.535 of the Act, 415 ILCS 513.535 (2006), contains the following
definition:
"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
. . .
17. Section 3.385 of the Act, 41 5 ILCS 513.385 (2006), provides:
"Refuse" means waste.
18. The gasoline on
andfor in the ground at the Site was and is "waste" and
"refuse" as those terms are defined in Sections 3.385 and 3.535 of the Act, 415 ILCS
513.385 and 513.535 (2006).
19. Section 3.185 of the Act, 4 15 ILCS 513.185 (2006), contains the following
definition:
"Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking or placing of any waste or
hazardous waste into or on any land or water or into any
well so that such waste or hazardous waste or any
constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including ground
waters.
20. On August 16,2006, or on a date or dates better known to Arona, Arona
discharged, deposited, dumped, spilled, leaked, and/or placed gasoline,
a waste, onto the
land at the Site in a manner that allowed the waste to enter the environment. Therefore,
this handling of waste constituted "disposal," as that term is defined by Section 3.185 of
the Act, 41 5 ILCS 513.185 (2006).
i
Electronic Filing, Received, Clerk's Office, July 18, 2007
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21. Section 3.460 of the Act, 415 ILCS 513.460 (2006), contains the following
definition:
.
"Site" means any location, place, tract of land, facilities, including but not
limited to buildings, and improvements used for purposes subject to
regulation or control by this Act or regulations thereunder.
22. The Site located behind and on the eastern edge of
a property located at 2932
1
sth
Street in Rockford, Winnebago County, Illinois, where Arona dumped the gasoline is
a "site" as that term is defined by Section 3.460 of the Act, 415 ILCS 513.460 (2006).
23. Section 3.445 of the Act, 41 5 ILCS 513.445
(2006), contains the following
definition:
"Sanitary landfill" means a facility permitted by the
Agency for the disposal of waste on land meeting the
requirements of the Resource Conservation and Recovery
Act, P.L. 94-580, and regulations thereunder, and without
creating nuisances or hazards to public health or safety, by
confining the refuse to the smallest practical volume and
covering it with a layer of earth at the conclusion of each
day's operation, or by such other methods and intervals as
the Board may provide by regulation.
24. From at August 16, 2006, and continuing through the date of filing of this
Complaint, the Site was not permitted by Illinois EPA for the disposal of waste.
Therefore, the Site did not and does not fulfill the requirements of a "sanitary landfill," as
that term is defined by Section 3.445 of the Act, 415 ILCS 513.445 (2006).
25. Section 3.305 of the Act, 41 5 ILCS
513.305 (2006), contains the following
definition:
"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.
Electronic Filing, Received, Clerk's Office, July 18, 2007
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26. On August 16,2006, or on a date or dates better known to Arona, Respondent
Arona caused or allowed "open dumping," as that term is defined in Section 3.305 of the
Act, 41 5 ILCS
Y3.305 (2006), by causing or allowing the consolidation of refuse,
including but not limited to gasoline, at the Site, which has never been permitted by
Illinois EPA for the disposal of waste thereon.
27. Because Arona caused or allowed the open dumping of waste, it violated
Section
21(a) of the Act, 41 5 ILCS 5/21(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an Order against the Respondent, ARONA
CORPORATION, an Iowa corporation,
d/b/a AARON'S SALES
&
LEASE
OWNERSHIP:
1.
Authorizing a hearing in the matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 2
1 (a) of the Act;
3.
Ordering the Respondent to cease and desist from any further violations of
Section 2 1 (a) of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
the Respondent for each violation of the Act, with an additional civil penalty of Ten
Thousand Dollars
($10,000'.00) for each day of violation;
5.
Taxing all costs in this action, including expert witness, consultant and
attorney fees, against the Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
Electronic Filing, Received, Clerk's Office, July 18, 2007
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COUNT IV
IMPROPER DISPOSAL OF WASTE
1-23. Complainant realleges and incorporates by reference herein paragraphs 1
through 12 and paragraphs 14 through 15 of Count I, and paragraphs 18 through 26 of
Count
111, as paragraphs 1 through 23 of this Count IV.
24. Section 21 of the Act, 415 ILCS 5/21
(2006), provides, in peFinent part, as
follows:
No person shall:
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.
25. On August 16,2006, or a date or dates better known to Arona, Arona disposed of
or abandoned gasoline at a site that was not permitted for waste disposal by the Illinois EPA,
and therefore did not meet the requirements of the Act.
26. Because Arona disposed of or abandoned waste at a site that did not meet
the
requirements of the Act, it violated Section 2 1 (e) of the Act, 4 15 ILCS 512 1 (e) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an Order against the Respondent, ARONA
CORPORATION,
an Iowa corporation, d/b/a AARON'S SALES
&
LEASE
OWNERSHIP:
1.
Authorizing
a hearing in the matter at which time the Respondent will be
required to answer the allegations herein;
Electronic Filing, Received, Clerk's Office, July 18, 2007
* * * * * PCB 2008-008 * * * * *
2.
Finding that the Respondent has violated Section 2 1 (e) of the Act;
3.
Ordering the Respondent to cease and desist from any fwther violations of
Section
21(e) of the Act;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
the Respondent for each violation of the Act, with an additional civil penalty of Ten
Thousand Dollars ($1 0,000.00) for each day of violation;
5.
Taxing all costs in this action, including expert witness, consultant and
attorney fees, against the Respondent; and
6.
Granting such other relief as the Board deems appropriate and just.
12
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel. LISA MADIGAN, Attorney
General of
thesState of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
Environmental Bureau
Assistant Attorney General
Environmental Bureau
Of
Counsel:
MATTHEW MARINELLI
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
(3 12) 8 14-0608
Electronic Filing, Received, Clerk's Office, July 18, 2007
* * * * * PCB 2008-008 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex
rel.
LISA MADIGAN, Attorney
)
General of the State of Illinois,
Complainant,
1
)
No.
v.
ARONA CORPORATION, an Iowa corporation,
)
D/B/A AARON'S SALES
&
LEASE
OWNERSHIP
)
Respondent.
1
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
KATHERINE
M. HAUSRATH, 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
By:
'KATHERINE M. H~A~SRATH
-
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, July 18, 2007
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CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this
day of July, 2007, the foregoing Complaint, Notice of
Filing, and Appearance upon the persons listed on said notice, by certified mail.
Assistant Attorney General
Environmental Bureau
69 West Washington, 1
gth Floor
Chicago, IL 60602
3 12-8 14-0660
Electronic Filing, Received, Clerk's Office, July 18, 2007
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