Very truly yours
RECEIVED
CLERK'S OFFICE
APR 0 7 2008
Pollution
S
TATE
Control
OF
ILLI
NOIS
Board
Lisa Madigan
ATTORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
April 2, 2008
John Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Carri Scharf Materials Company, d/b/a Farmdale Sand
&
Gravel Pit
Dear Clerk:
Enclosed for filing please find the original and one copy of a Notice of Filing, Appearance
and Complaint in regard to the above-captioned matter. Please file the originals and return file-
stamped copies to me in the enclosed envelope.
Thank you for your cooperation and consideration.
Andrew J. Nicholas
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
AJN/pjk
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217)
782-1090 •
TTY: (217) 785-2771
•?
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
?
• (312)
814-3000 •
TTY: (312) 814-3374
•?
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs.
?
PCB No. 664P)."
(Enforcement)
CARRI SCHARF MATERIALS COMPANY, )
d/b/a FARMDALE SAND & GRAVEL PIT, )
an Illinois corporation,
?
)
Respondent.
NOTICE OF FILING
?
RECEIV5D
CLERK'S OFFICE
To:
?
Clayton Moushon
Attorney at Law
?
APR 0 7 2006
East
1009
Peoria,
Illini DriveIL
61611
?
STATE
OF ILL
Pollution
control
INOIS
Board
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon 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 this 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.
1
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2006), to correct the pollution alleged in
the Complaint filed in this case.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
?
Divisio
Andrew J.
,
■icholas
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: April 2, 2008
2
CERTIFICATE OF SERVICE
I hereby certify that I did on April 2, 2008, send by certified mail, with postage thereon fully
prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT:
To:?
Clayton Moushon
Attorney at Law
1009 Illini Drive
East Peoria, IL 61611
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:?
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Andrew J. olas
Nict
Assistant Atto ney General
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
neceivED
CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
?
APR 0 7 2008
Complainant,
?
Pollution
S
TATE OF
Control
ILLINOISBoard
v.?
PCB NO.
(Enforcement - Water)
CARRI SCHARF MATERIALS COMPANY,
d/b/a FARMDALE SAND
& GRAVEL PIT?
)
an Illinois corporation,
?
)
Respondent.
Entry of Appearance
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, ANDREW J.
NICHOLAS, Assistant Attorney General of the State of Illinois, hereby enters his appearance as
attorney of record.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the State of Illinois
BY:
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Divisi n
ANDREW J7NICHOLAS
Environmental Bureau
Assistant Attorney General
Attorney I.D. #6285057
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: April 2,2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
?
)
Complainant,
RECEIVED
CLERK'S OFFICE
v.?
APR 0 7 200?
PCB NO. 006
STATE OF ILLONOIS
(Enforcement - Water)
Pollution Control Board
CARRI SCHARF MATERIALS COMPANY,
?
)
d/b/a FARMDALE SAND & GRAVEL PIT
an Illinois corporation,
?
)
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of the Respondent, CARRI SCHARF MATERIALS
COMPANY, d/b/a FARMDALE SAND & GRAVEL PIT, an Illinois corporation, as follows:
COUNT I
WATER POLLUTION
1.
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31
(2006).
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2006), and charged,
inter alia,
with the
duty of enforcing the Act.
3.
Carri Scharf Materials Company ("Scharf Materials") is, and was, at all times
relevant to this Complaint, an Illinois corporation in good standing authorized to do business in
the State of Illinois.
4.
The Respondent is the owner and operator of the Farmdale Sand & Gravel Pit
("Farmdale Sand & Gravel") in East Peoria, Tazewell County, Illinois.
5.
Section 12 of the Act, 415 ILCS 5/12 (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;
* * *
d.?
Deposit any contaminants upon the land in such place and
manner so as to create a water pollution hazard;
6.
Section 302.203 of the Board's Water Pollution Regulations, 35 III. Adm. Code
302.203 (2005), prohibits offensive conditions in waters of the State:
Waters for the State Shall be free from sludge or bottom deposits, floating
debris, visible oil, odor, plant or algal, color or turbidity of other than natural
origin...
7.
On June 16, 2006, the Illinois EPA inspected Farmdale Sand & Gravel in East
Peoria, Illinois. The Illinois EPA observed that the settling pond and filtration pit on-site was
discharging waste water to an unnamed stream that is a tributary to Farm Creek. The settling
pond was discharging through one of three breached areas in the berm that separates the pond
from the streambed. The Illinois EPA further noted that the filtration pit was discharging waste
water down the site entrance road to the receiving stream. The water discharging from the pit
was turbid and the streambed at that location was covered in sand and gravel:
8.
During the June 16, 2006 inspection, the Illinois EPA noticed that dredged material
from the pond was being dumped at the outlet of the pond, along the edge of the stream.
Leachate from the material was draining into the receiving stream.
9.?
Section 3.545 of the Act, 415 ILCS 5/3.545 (2006), defines "water pollution" as
follows:
"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.
10.?
Section 3.165 of the Act, 415 ILCS 5/3.165 (2006), provides the following
definitions:
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor, or any form
of energy, from whatever source.
11.
The unnamed stream that is a tributary and Farm Creek are "waters" of the State
as that term is defined in Section 3.550 of the Act, 415 ILCS 5/3.550 (2006), 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.
12.
By causing or allowing or threatening the discharge of contaminants into the
waters of the state, as will or is likely to create a nuisance or render such waters harmful or
detrimental or injurious, Scharf Materials has violated Section 12(a) of the Act, 415 ILCS 5/12(a)
(2006).
13.
By depositing contaminants upon the land in such place and manner so as to
create a water pollution hazard, Scharf Materials has violated Section 12(d) of the Act, 415 ILCS
5/12(d) (2006).
PRAYER FOR RELIEF
WHEREFORE, the Complainant , People of the State of Illinois, respectfully requests
that the Board grant the following relief:
A.
Find that the Respondent, CARRI SCHARF MATERIALS COMPANY, has
violated the Act and regulations as herein alleged;
B.
Order the Respondent to cease and desist from any further violations of the Act
and associated regulations;
C.
Assess against the Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Award the Complainant its costs and reasonable attorney's fees and;
E.
Grant such other relief as the Board may deem appropriate.
COUNT II
OPERATING PERMIT VIOLATIONS
1-13.
?
Plaintiff realleges and incorporates herein by reference paragraphs 1 through
13 of Count I as paragraphs 1through 13 of this Count II.
12.
On June 16, 2006, Scharf Materials was operating under Operating Permit
#2006-MO-2133.
13.
Special Condition of Operation Permit #2006-MO-2133 does not allow discharge
of storm water or waste water unless an NPDES Permit is obtained.
14.
Since Scharf Materials has caused or allowed the discharge of waste water and
storm water without an NPDES Permit it is in violation of its Operating Permit and in violation
of Section 12(f) of the Act, 415 ILCS 5/12(f) (2006) and Section 309.102(a) of the Board's
Water Pollution Regulations. 35 III. Adm. Code 309.102(a) (2005).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully
requests that the Board grant the following relief:
A.
Find that the Respondent, CARRI SCHARF MATERIALS COMPANY, has
violated the Act and regulations as herein alleged;
B.
Order Respondent to cease and desist from any further violations of the Act and
associated regulations;
C.
Assess against Respondent a civil penalty of fifty thousand dollars ($50,000) for
each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for each
day during which each violation has continued thereafter;
D.
Award to Complainant its costs and reasonable attorney's fees; and
E.
Grant such other relief as the Board may deem appropriate.
COUNT III
DISCHARGING WITHOUT
AN
NPDES PERMIT
1-13. Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count Ill.
14.
Section 12(f) of the Act, 415 I LCS 5/12(f) (2006), provides that no person shall
cause, threaten, or allow the discharge of any contaminant into the waters of the State without
an NPDES permit for point source discharges issued by the Illinois EPA.
15.
Section 309.102(a) of the Board's Water Pollution Regulations, 35 III. Adm.
Code 309.102(a) (2005), requires an NPDES permit:
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 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.
16.
?
Section 404.101(a)(1) of the Board's Water Pollution Regulations, 35 III. Adm.
Code 404.101(a)(1) (2005) provides:
a)?
Except as provided in Sections 404.102 and 404.103 no person shall:
1)?
Prepare land for mining activities or construct a mine related facility which
could generate refuse, result in a discharge or have the potential to
cause water pollution without a construction permit; or
17.
On June 16, 2006, Farmdale Sand and Gravel was not covered by a NPDES
storm water or waste water permit.
18.
By allowing its settling pond and filtration pit to discharge waste water into the
receiving stream without an NPDES permit, the Respondent caused, threatened or allowed the
discharge of contaminants into the waters of the State in violation of Section 12(f) of the Act,
415 ILCS 5/12(f) (2006), and Sections 309.102(a) and 404.101(a)(1) of the Board's Water
Pollution Regulations. 35 III. Adm. Code 309.102(a), 404.101(a)(1) (2005).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the Board grant the following relief:
A.
Find that the Respondent, CARRI SCHARF MATERIALS, has violated
the Act and regulations as herein alleged;
B.
Order the Respondent to cease and desist from any further violations of
the Act and associated regulations;
C.
Assess against the Respondent a monetary penalty of up to fifty
thousand dollars ($50,000) for each violation and up to an additional ten thousand
dollars ($10,000) for each day that the violation has continued;
D.
Award the Complainant its costs and reasonable attorney's fees; and
E.
Grant such other relief as the Board may deem appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of the State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
ANDREW J. ;HOLAS
Assistant Attc
ey
General
500 South Se nd Street
Springfield, Ill. ->is 62706
217/782-9031
Dated: April 2 008
