BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE, OF THE STATE OF ILLINOIS,

LISA MADIGAN, Attorney General

of the State of Illinois,

Complainant,

vs.

RANCHO AMIGO, LLC, an Illinois

limited liability company,

Respondent.

PCB No.

(Enforcement - Water)

NOTICE OF FILING

TO:

Mr. Don Deutsch

625 W. Roosevelt Road

West Chicago, IL 60185

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Ste. 11-500

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today filed with the Office

of the Clerk of the Illinois Pollution Control Board a Complaint,

Notice of Filing, and a Certificate of Service on behalf of the

People of the State of Illinois, a copy of which is attached and

herewith served upon you.

Section 103.204(f) of the Pollution Control Board Procedural

Rules, 35 Ill. Adm. Code 103.204(f) provides: "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,

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you should contact the hearing officer assigned to this

proceeding, the Clerk's Office or an attorney.H

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

State of Illinois

BY:

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

69 W. Washington St., 18

FIr.

Chicago, IL 60602

(312) 814-3816

DATE:

February 19, 2008

THIS FILING IS SUBMITTED ON RECYCLED PAPER

Electronic Filing - Received, Clerk's Office, February 19, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

LISA MADIGAN, Attorney General

of the State of Illinois,

Complainant,

vs.

RANCHO AMIGO, LLC, an Illinois

limited liability company,

Respondent.

COMPLAINT

PCB No.

(En~orcement

- Water)

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, RANCHO AMIGO, LLC, an

Illinois limited liability company, as follows:

COUNT I

CONSTRUCTION WITHOUT AN NPDES PERMIT

This Complaint 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 31 of the Illinois Environmental Protection

Act ("Act"), 415 ILCS 5/31 (2006).

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 charged,

inter alia,

with the duty of

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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. §1342 (b) (7).

At all times relevant to the Complaint, Respondent,

Rancho Amigo, LLC ("Rancho Amigo"), is an Illinois limited

liability company in good standing.

On May I, 2005, Rancho Amigo began a construction

project to create an off-road vehicle riding facility known as

Rancho Amigo, on approximately 4.42 acres of land located in

Pleasant Valley Township, Section 36, T26N, R4E in rural

JoDaviess County, Illinois ("Site").

An unnamed perennial stream, tributary to Davis Creek,

flows through the Site at the southern portion of the trails and

jumps for off-road vehicles.

On June 28, 2005, the Illinois Environmental Protection

Agency ("Illinois EPA") an administrative agency of the State of

Illinois, inspected the Site and observed substantial earthmoving

activity related to the construction of trails and jumps for off-

road vehicles. The trails looped up and down the slope of the

property and appeared to go through Davis Creek.

The total size of the construction site was 4.42 acres

and as such the Site required coverage under the NPDES general

storm water permit for a small construction activity. However,

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Rancho Amigo began the construction of the trails and jumps for

off-road vehicles without first obtaining coverage under the

NPDES general storm water permit for small construction activity

and without implementing erosion controls prior to disturbing the

earth surface.

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. 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.

In pertinent part, 40 CFR 122.26 provides as follows:

(a)

Permit requirement.

(i)

Prior to October 1, 1994, discharges composed

entirely of storm water shall not be required

to obtain an NPDES permit except:

(ii) A discharge associated with industrial

activity (see §122 .26 (a) (4))

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(9) (i)

On and after October I, 1994, for discharges

composed entirely of storm water, that are not required

by paragraph (a) (1) of this section to obtain a permit,

operators shall be required to obtain a NPDES permit

only if:

(B)

The discharge is storm water discharge

associated with small construction activity

pursuant to paragraph (b) (15) of this section;

(b) Definitions.

Construction activity including clearing, grading and

excavation, except operations that result in the

disturbance of less than five acres of total land area.

Construction activity also includes the disturbance of

less than five acres of total land area that is part of

a larger common plan of development or sale if the

larger common plan will ultimately disturb five acres

or more;

(15) Storm water discharge associated with small

construction activity means the discharge of storm

water from:

(1) 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.

10. Section 309.102(a) of the Board Water Pollution

Regulations, 35 Ill. Adm. Code 309.102(a), titled, NPDES Permit

Required, provides as follows:

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(a)

Except as in compliance with the provisions of the

Act, Board regulations, and the CWA (Clean Water

Act), and the provisions and conditions of the

NPDES permit issues 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.

11. Section 12(f) of the Act, 415 ILCS 5/12(f) (2006),

provides as follows:

(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 ...

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.

12. Section 12(a) of the Act, 415 ILCS 5/12(a) (2006),

provides as follows:

(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;

13. Section 12(d) of the Act, 415 ILCS 5/12(d) (2006),

provides as follows:

(d)

Deposit any contaminants upon the land in such

place and manner so as to create a water pollution

hazard;

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14. Section 3.315 of the Act, 415 ILCS 5/3.315 (2006),

defines person as follows:

"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. Rancho Amigo, an Illinois limited liability company, 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 defines

contaminant as follows:

"Contaminant" is any solid liquid, or gaseous matter,

any odor, or any form of energy from whatever source.

17. Section 3.550 of the Act, 415 ILCS 5/3.550 defines

waters as follows:

"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.

18. The unnamed perennial tributary to Davis Creek and

Davis Creek are waters of the State as that term is defined in

Section 3.550 of the Act, 415 ILCS 5/3.550 (2006).

19. Silt that results from the clearing, grading and

excavation of unprotected land surface flows down and mixes with

a body of water thereby becoming a contaminant when the silt

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comes in contact with the water, as the term contaminant is

defined in Section 3.165 of the Act, 415 ILCS 5/3.165 (2006)

20.

From May I, 2005 until January 3, 2006, Rancho Amigo

conducted construction activities on the Site without first

obtaining coverage under a general storm water permit for small

construction activity and without implementing and maintaining

adequate erosion control measures.

21. By failing to obtain an NPDES general storm water

permit coverage and failing to properly create and implement a

Storm Water Pollution Prevention Plan prior to clearing, grading

and excavating soil at the Site, Rancho Amigo threatened the

discharge of silt, contaminant, in a manner that would tend to

cause water pollution, in violation of Section 12(a) of the Act.

22. By depositing silt on the land in an unnatural,

unprotected state that created a water pollution hazard, Rancho

Amigo violated Section 12(d) of the Act, 415 ILCS 5/12(d) (2006)

23. By disturbing land more than one acre and less than

five acres, Rancho Amigo threatened the discharge of silt,

contaminant, into the waters of the State without an NPDES

permit, thereby violating Section 12(f) of the Act, 415 ILCS

5/12(f) (2006)and 35 Ill. Adm. Code 309.102(a).

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order in favor of

Complainant, and against Respondent with respect to this Count I:

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Authorizing a hearing in this matter at which time

Respondent will be required to answer the allegations herein;

Finding that Respondent has caused, threatened or

allowed violations of Sections 12(a), (d) and (f) of the Act, 415

ILCS and 35 Ill. Adm. Code 309.102(a);

Ordering Respondent to cease and desist from any

further violations of Sections 12(a), (d) and (f) of the Act and

35 Ill. Adm. Code 309.102(a);

Assessing against Respondent a civil penalty of Fifty

Thousand Dollars ($50,000.00) for each violation of Section

12(a), (d) and (f) of the Act and 35 Ill. Adm. Code 309.102(a)and

Ten Thousand Dollars per day for each day the violations of the

Act and Board Regulation continued;

Assessing all costs against Respondent, including

attorney, expert witness, and consultant fees expended by the

State in its pursuit of this action; and

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....

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

Environmental Enforcement/Asbestos

Litigation Division

BY:

COUNSEL;

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

69 W. Washington St., 18

ili

Fl.

Chicago, IL 60602

(312) 814-3816

G:\Environmental Enforcement\Z BEREKET-AB\Rancho Amigo - Complaint 12-1S-07.wpd

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CERTIFICATE OF SERVICE

I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do

certify that I caused to be served on this 19

day of February

2008, the foregoing Notice of Filing, Complaint, and a

Certificate of Service, upon the persons listed on said Notice by

placing same in an envelope bearing sufficient postage with the \

United States Postal Service located at 100 West Randolph Street,

Chicago, Illinois.-

ZEMEHERET BEREKET-AB

G:\Environmental Enforcement\Z BEREKET-AB\RANCHO\Pleading\NOF&Cert (Complaint) 2-19-0B.wpd

Electronic Filing - Received, Clerk's Office, February 19, 2008

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