BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
v.
PRAIRIE MATERIAL SALES, INC.,
an Illinois corporation,
Respondent.
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No.
(Enforcement - Water)
TO:
See attached service list
NOTICE OF FILING
(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 3515/1 et seq.] to correct the alleged
pollution.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorn
al
of the State 0 llinois
~.
By:
REBECCA
A.
BURLINGHAM
a
'
.
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-3776
Electronic Filing - Received, Clerk's Office, February 13, 2008
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SERVICE LIST
Prairie Material Sales, Inc.
c/o William Glusac, President
7601 West 79
th
Street
P.O. Box 1123
Bridgeview, IL 60455
Prairie Material Sales, Inc.
c/o Dorothy
A.
Oremus
Secretary and Registered Agent
7601 West 79
th
Street
P.O. Box 1123
Bridgeview, IL 60455
Electronic Filing - Received, Clerk's Office, February 13, 2008
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.
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondent.
Complainant,
PRAIRIE MATERIAL SALES, INC.,
an Illinois corporation,
PCB No.
(Enforcement - Water)
PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
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COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General
of the State of Illinois, at the request of the Illinois Environmental
Protection Agency ("Illinois EPA"), complains
of the Respondent, PRAIRIE
MATERIAL SALES, INC. ("Prairie Material"), an Illinois 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, at the request of the Illinois EPA
and pursuant to Section 31 of the Illinois Environmental Protection ACt ("Act"), 415
ILCS 5/31 (2006).
2.
The Illinois
EPA is an administrative agency of the State of Illinois,
created pursuant to Section 4
of the Act, 415 ILCS 5/4 (2006), and is 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")
1
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At all times relevant to this Complaint, Respondent Prairie Material was
pennit program under the Federal Clean Water Act ("CWA"),
33 USC §1342(b)(7)
(2007).
3.
and is an Illinois corporation registered to do business in the State of Illinois.
4.
At all times relevant to this Complaint, Respondent Prairie Material
owned and operated a concrete production facility in its Yard 1014 located at 799 South
Route
53 in the Village of Addison, DuPage County, Illinois ("Facility" or "Site").
5.
At the Facility, Prairie Material engages in the batching of aggr"egate and
cementious materials to produce ready-mix concrete.
6.
Stonnwater from activity on the Site drains to a ditch just east of the
Facility, which travels under a
r~ilroad
right of way, through a wooded area, along
Jeffery Drive and discharges to a wetland area in DuPage County.
7.
Prior to November 17,2006, on a date or dates better known to Prairie
Material, Prairie Material discharged process wastewater from the Facility into a drainage
ditch, tributary to the wetland area described in paragraph 6, above.
8.
On November 17, 2006, the Illinois EPA conducted an inspection of the
Facility.
9.
At the time of the November 17,2006 inspection, there was a collection
pond located on the Site. The collection pond contained process wastewater and
stonnwater. The wastewater contained sediments.
10.
At the time
of the November 17,2006 inspection, there were sediments on
a concrete block onto which effluent discharges from the pond flowed before entering the
ditch.
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11.
At the time of the November 17, 2006 inspection, there were sediments in
the ditch at the entry point for discharges from the pond to the ditch.
12.
At the time of the November 17, 2006 inspection, there were sediments
along an approximately one-half mile length of the ditch downstream from the point
wherePrairie Material's discharge entered the ditch.
13.
Section f2(a) of the Act, 415 ILCS 5112(a) (2006), 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.
14.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), contains 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.
Respondent Prairie Material, a corporation, is a "person" as that term is
defined in Section 3.315
of the Act, 415 ILCS 5/3.315 (2006).
16.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2006), contains the following
definition:
"CONTAMINANT" is any solid, liquid or gaseous matter, any odor or
any form
of energy, from whatever source.
17.
Process wastewater and sediments are "contaminants" as that term is
defined in Section 3.165
of the Act, 415 ILCS 5/3.165 (2006).
18.
Section 3.550 of the Act, 415 ILCS 5/3.550 (2006), contains the following
3
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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.
The drainage ditch receiving discharges from the collection pond and the
wetland area receiving flows from the drainage ditch are "waters"
as that term is defined
in Section 3.550
of the Act, 415 ILCS 5/3.550 (2006).
20.
Section 3.545
of the Act, 415 ILCS 5/3.545 (2006), contains 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, commercial,
industrial, agricultural, recreational, or other legitimate uses, or to
livestock, wild animals, birds, fish or other aquatic life.
21.
Prairie Material caused, threatened or allowed stormwater contaminated
with process wastewater containing sediments
to be discharged into a ditch tributary to a
wetland area in DuPage County. Such discharge altered, or threatened to alter, the
physical, thermal, chemical, or radioactive properties
of the ditch and wetland area, or
was likely
to render the ditch and wetland area harmful, detrimental, or injurious to wild
animals, birds, fish, or other aquatic life, or created, or was likely to create, a nuisance.
22.
By its actions and omissions, Prairie Material caused, threatened, or
allowed water pollution, and thereby violated Section 12(a)
of the Act, 415 ILCS 5/12(a)
(2006).
4
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..
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERIAL SALES, INC.:
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) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(a) of the Act, 415 ILCS 5/12(a) (2006);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act, with an additional penalty ofTen 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) (2006), 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 II
OFFENSIVE DISCHARGES
1-19. Complainant realleges and incorporates by reference herein, paragraphs 1
through
19 of Count I as paragraphs 1 through 19 of this Count II.
20.
Prairie Material's discharges are subject to the Act and the rules and
regulations promulgated by the Illinois Pollution Control Board ("Board") and the Illinois
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EP
A.
The Board'sregulations for water pollution are found in Title 35, Subtitle C,
Chapter I
of the Illinois Administrative Code ("Board Water Pollution Regulations").
21.
Section 301.275 of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 301.275, contains the following definition:
"Effluent" means any wastewater discharged directly or indirectly, to the
waters
of the State or to any storm sewer.
22.
Section 301.425
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 301.425, contains the following definition:
"Wastewater" means sewage, industrial waste or other
waste, or any combination
of these, whether treated or
untreated, plus any admixed land runoff.
23.
Prairie Material's discharge from the Site was "wastewater" as that term is
defined in Section 301.425
of the Board Water Pollution Regulations, 35 Ill. Adm. Code
301.425.
24.
Prairie Material's discharge from the Site into the drainage ditch and the
tributary wetland area was "effluent" as that term is defined in Section 301.275
of the
Board Water Pollution Regulations,
35 Ill. Adm. Code 301.275.
25.
Part 304, Subpart A,
ofthe Board Water Pollution Regulations, 35 Ill.
. Adm. Code Part 304, Subpart A, establishes general effluent standards for waters of the
State.
26.
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.
6
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27.
Section 304.106 of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 304.106, provides 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.
28.
On November 17, 2006, and on another date or dates better known to
Prairie Material, Prairie Material caused or allowed stormwater contaminated with
process wastewater, containing settleable solids, to be discharged from the Site to waters
of the State of Illinois.
29.
Prairie Material, by its actions alleged herein, caused or allowed offensive
discharges, in violation
of Section 304.106 of the Board Water Pollution Regulations, 35
Ill. Adm. Code 304.106.
30.
By discharging an effluent in violation of a water quality standard, Prairie
Material violated Section 304.105
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 304.105.
31.
By causing or allowing the discharge of stormwater contaminated with
process wastewater containing solids into waters
of the State of Illinois in violation of
Board regulations, Prairie Material violated Section 12(a) of the Act, 415 ILCS 5112(a)
(2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERIAL SALES INC.:
7
Electronic Filing - Received, Clerk's Office, February 13, 2008
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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
51l2(a) (2006), and Sections 304.105 and 304.106 the Board Water Pollution regulations,
35 Ill. Adm. Code 304.105 and 304.106;
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(a) of the Act, 415 ILCS 5/12(a) (2006), and Sections 304.105 and 304.106 the
Board Water Pollution regulations,
35 Ill. Adm. Code 304.105 and 304.106;
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act and pertinent regulations, with an additional
penalty
ofTen 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) (2006), induding 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 III
WATER POLLUTION HAZARD
1-19. Complainant realleges and incorporates
by reference herein paragraphs 1
through 12 and paragraphs 14 through 20
of Count I as paragraphs 1 through 19 of this
Count III.
20.
Section 12(d)
of the Act, 415 ILCS 51l2(d) (2006), provides as follows:
No person shall:
*
*
*
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(d)
Deposit any contaminant upon the land in such place and manner
so
as to create a water pollution hazard.
21.
On November 17, 2006, and on another date or dates better known
to
Prairie Material, Prairie Material caused or allowed wastes to be deposited on the land
that ultimately entered its collection pond and caused or allowed the discharge
of process
wastewater into the collection pond at the Site.
22.
Water from Prairie Material'scollec'tionpond discharged
to a ditch,
tributary
to a wetland area in DuPage County.
23.
By its actions as alleged herein, Prairie Material allowed contaminants to
,
be placed on the ground so as to create a water pollution hazard, in violation of Section
12(d)
of the Act, 415 ILCS
5/12(d) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERIAL SALES INC.:
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
51l2(d) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(d) of the Act, 415 ILCS
5/12(d) (2006);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act, with an additional penalty ofTen Thousand
Dollars ($10,000.00) for each day
of violation;
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5.
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act,
415 ILCS
5/42(f)
(2006), 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
DISCHARGE OF PROCESS
WASTEWATERS WITHOUT AN NPDES PERMIT
1-19. Complainant realleges and incorporates by reference herein paragraphs 1
through
12 and paragraphs 14 through 19 of Count I and paragraph 20 of Count II as
paragraphs 1 though 19 of this Count
IV.
20.
The federal Clean Water Act regulates the discharge of pollutants from a
point source into navigable waters and prohibits such point source discharges without an
NPDES permit. The United States Environmental Protection Agency ("USEPA")
administers the NPDES program in each State unless the USEPA has delegated authority
to do so to that State.
21.
Section 12(f)
of the Act, 415 ILCS
5/12(f)
(2006), 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 from 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
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the Board or of any order adopted by the Board with respect to the
NPDES program.
22.
Section 309.
102(a) of the Board Water Pollution Regulations, 35
Ill.
Adm.
Code 309.1 02(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 any person into the waters
of the State
from a point source or into a well shall be unlawful.
23.
Section 301.240
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 301.240, contains the following definition:
"CWA" means the Federal Water Pollution Control Act,
as amended, (33
U.S.C. 1251 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.)
24.
Section 1362(14)
of the CWA, 33 U.S.c.A. §1362(14) (2007), contains
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.
25.
The point where the collection pond discharges to the drainage ditch,
tributary
to a wetland area, is a discernable, confined, and discrete conveyance and
therefore constitutes a "point source"
as that term is defined in Section 1362(14) of the
CWA,
33 USC §1362(14) (2007).
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26.
The Illinois EPA has never issued an NPDES pennit authorizing the point
source discharged alleged herein.
27.
On November 17,2006,
and on another date or dates best known to Prairie
Material, Prairie Material caused or allowed the discharge
of process wastewater and
contaminated stonnwater
to flow into a drainage ditch, tributary to wetland area, in
DuPage County.
28.
By discharging process wastewater and contaminated stonnwater into the
waters
of the State without an NPDES pennit, Prairie Material violated Section 12(f) of
the Act, 415 ILCS 5/12(f) (2006), and Section 309.102(a) of the Board Water Pollution
Regulations,
35 Ill. Adm. Code 309.102(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERIAL SALES INC.:
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) (2006), and Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill.
Adm. Code 309.102(a);
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(f) of the Act, 415 ILCS 5/12(f) (2006), and Section 309.102(a) of the Board
Water Pollution Regulations,
35 Ill. Adm. Code 309.102(a);
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4.
Assessing against Respondent, pursuant to Section 42(b)(1) of the Act, a
civil penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation of Section
12(f)
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) (2006), 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 V
FAILURE TO OBTAIN AN NPDES STORMWATER
PERMIT FOR CONSTRUCTION SITE ACTIVITIES
1-25. Complainant realleges and incorporates by reference herein paragraphs 1
through 12 and paragraphs 14 through 19
of Count I, paragraph 20 of Count II, and
paragraphs
20 through 25 of Count
N
as paragraphs 1 though 25
o~this
Count V.
26.
The
USEPA has authorized the State of Illinois to issue NPDES permits
through the Illinois
EPA in compliance with federal regulations, including storm water
discharges regulated
by 40 CFR 122.26, which requires a person to obtain an NPDES
permit and to implement a storm water pollution prevention plan for construction activity
including clearing, grading and excavation.
27.
In pertinent part, 40
CFR 122.26(a) provides as follows:
(a)
Permit requirement.
*
*
*
*
(9)(i) On and after October 1, 1994, for discharges composed
entirely
of storm water, that are not required by paragraph (a)(1) of
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this section to obtain a permit, operators shall be required to obtain
a NPDES permit only
if:
*
*
*
(B)
The discharge is a storm water discharge associated
with small construction activity pursuant
to
paragraph (b)(15) of this section;
28.
In pertinent part, 40 CFR 122.26(b) provides
as follows:
(b)
Definitions.
*
*
**
15)
Storm water discharge associated with small construction
activity means the discharge
of storm water from:
i)
Construction activities including clearing, grading,
and excavating that result in land disturbance
of
equal to
or
greater than one acre and less than five
acres. Small construction activity also includes
the disturbance
of less than one acre of total land
area that is part
of a larger common plan of
development or sale if the larger common plan will
ultimately disturb equal to or greater than one
and less than five acres. Small construction activity
does not include routine maintenance that is
performed to maintain the original line and grade,
hydraulic capacity, or original purpose
of the
facility
....
29.
At the time of the Illinois EPA'sNovember 17,2006 inspection, Prairie
Material had commenced construction
of a process water recycling/stormwater detention
pond system on the Site. The purpose
of the process water recycling system is to
segregate process water from site stormwater runoff. The purpose of the detention pond
is
to detain site stormwater and allow sedimentation of solids from stormwater prior to
discharge.
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30.
The construction of the process water recycling/stonnwaterdetention pond
system exceeded one acre and was a "small construction activity", as that tenn is defined
in 40 CFR 122.26(b)(l5)(i).
31.
At the time
of the November 17, 2006 inspection, Prairie Material had not
obtained an NPDES pennit authorizing the discharge
of stonnwater associated with its
construction activities.
32.
On February 17,2007, the Illinois EPA granted Prairie Material coverage
under the general
NPDES stonnwaterpennit for its process water recycling and
stonnwater detention pond system.
33.
From at least November 17,2006 through February
17; 2007, the Site was
not covered under an NPDES stonnwater pennit.
34.
By disturbing over one acre of land at the Site without first obtaining.
coverage under the general NPDES stonn water pennit for construction site activities
prior
to initiating improvements to its process water recycling/stonnwater detention pond
system, Prairie Material violated Section 12(f)
of the Act, 415 ILCS 5/12(f) (2006), and
Section 309.102(a)
of the Board Water Pollution Regulations, 35 Ill. Adm. Code
309.102(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERIAL SALES, INC.:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required
to answer the allegations herein;
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2.
Finding that Respondent has violated Section'12(f) ofthe Act, 415 ILCS
5/12(f)
(2006), and Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill.
Adm.
Code 309.102(a);
3.
Ordering the Respondent to cease and desist from
any further violations of
Section 12(f) of the Act, 415 ILCS
5/12(f)
(2006), 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)(1)
of the Act, a
civil penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation of Section
12(f)
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
I
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
VIOLATION OF EFFLUENT LIMITATIONS
1-24. Complainant realleges and incorporates by reference herein paragraphs 1
through 19
of Count I and paragraphs 20 through 24 of Count
II
as paragraphs 1 through
24
of this Count VI.
25.
Section 304.124
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 304.124, provides in relevant part as follows:
a)
No person shall cause or allow the concentration of the following constituents
in
any effluent to exceed the following levels, subject to the averaging rules
contained
in Section 304.1 04(a):
16
Electronic Filing - Received, Clerk's Office, February 13, 2008
* * * * * PCB 2008-044 * * * * *
CONSTITUENT
Total Suspended Solids
(from sources other than
those covered by
Section 304.120)
STORET.
NUMBER
00530
CONCENTRATION
mg/l
15.0
26.
Section 304.125
of the Board Water Pollution Regulations, 35
Ill.
Adm.
Code 304.125, provides in relevant part
as follows:
a) Except as provided below no person shall cause or allow the negative logarithm
of the hydrogen ion concentration (PH) in any effluent to be more or less
respectively than the maximum and minimum values for
ph range indicated in the
following table:
CONSTITUENT
pH
STORET NUMBER
00400
CONCENTRATION
[standard units]
6-9
27.
On November 8,2006, the Village
of Addison sampled the effluent
discharge from the collection pond on the Site.
28.
Analytical testing
of the sample revealed that it had a total suspended
solids ("TSS") concentration
of 402 milligrams per liter ("mg/l") and a pH level of 11.54
standard units.
29.
On November 8,2006, and on another date or dates better known
to
Prairie Material, Prairie Material allowed discharges from the Site of effluent containing
a TSS concentration in excess
of the 15.0 mg/l regulatory limit, in violation of Section
304.124
of the Board Water Pollution Regulations, 35 Ill. Adm. Code 304.124.
30.
On November 8,2006, and on another date or dates better known
to
Prairie Material, Prairie Material allowed discharges from the Site of effluent containing
17
Electronic Filing - Received, Clerk's Office, February 13, 2008
* * * * * PCB 2008-044 * * * * *
a pH level in excess of the regulatory maximum of9 standard units, in violation of
Section 304.125 of the Board Water Pollution Regulations, 35 Ill. Adm. Code 304.125.
3 L
By discharging effluent so as to violate Board regulations, Prairie Material
violated Section 12(a)
of the Act, 415 ILCS 5/12(a)(2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, PRAIRIE
MATERAL SALES, INC.:
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/l2(a) (2006), and Sections 304.124 and 304.125 of the Board Water Pollution
Regulations, 35 Ill. Adm. Code 304.124 and 304.125;
3.
Ordering the Respondent to cease and desist from any further violations of
Section 12(a) of the Act, 415 ILCS 5/12(a) (2006), and Sections 304.124 and 304.125 of
the Board Water Pot'lution Regulations, 35 Ill. Adm. Code 304.124 and 304.125;
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act and pertinent regulations, with an additional
penalty ofTen 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) (2006), including attorney, expert witness, and consultant fees
expended
by the State in its pursuit of this action; and
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Electronic Filing - Received, Clerk's Office, February 13, 2008
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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 Enforcement!
Asbestos Litigation Division
Of Counsel:
.
REBECCA
A.
BURLINGHAM
Assistant Attorney General
Environmental Bureau
69 West Washington Street,
18
th
Fl.
Chicago,
IL
60602
(312) 814-3776
rburlingham@atg.state.il.us
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Electronic Filing - Received, Clerk's Office, February 13, 2008
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CERTIFICATE OF SERVICE
I, REBECCA A. BURLINGHAM, an Assistant Attorney General, do certify that I
caused to be mailed this13th day
of February, 2008, the foregoing Complaint and Notice
of Filing upon the persons listed on said notice, by certified mail.
£La,~
BECCA A. BURLJ:NGHAM
Assistant Attorney General
Enviornmental Bureau
69 West Washington,
18
th
Floor
Chicago,
IL
60602
312-814-3776
Electronic Filing - Received, Clerk's Office, February 13, 2008
* * * * * PCB 2008-044 * * * * *
