BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondents.
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
PCB
08-
(Enforcement - Water)
)
)
)
)
)
)
)
)
RUPE CONTRACTING, INC.,
)
an Illinois corporation, and JOHN
A. RUPE,)
individually and as owner and operator
of
)
Rupe Contracting, Inc.,
)
)
)
NOTICE OF FILING
TO:
See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, a copy
of which is
attached and hereby 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 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 violation.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the State of Illinois
BY:~~
Assistant Attorney General
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
DATE: May 1, 2008
Andrew Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
312-814-0660
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
SERVICE LIST
Rupe Contracting, Inc.
John
A.
Rupe, President and Registered Agent
3096 800th Road
P.O. Box 201
Wenona, Illinois 61377
John
A.
Rupe
451 State Route 251
Rutland, Illinois 61358
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
v.
Respondents.
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
PCB
08-
(Enforcement - Water)
)
)
)
)
)
)
)
)
RUPE CONTRACTING, INC.,
)
an Illinois corporation, and JOHN
A.
RUPE,)
individually and as owner and operator of )
Rupe Contracting, Inc.,
)
)
)
COMPLAINT
. 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 RUPE
CONTRACTING, INC., an Illinois corporation, and, by LISA MADIGAN, Attorney
General
of the State of Illinois, on her own motion, complains of Respondent JOHN
A.
RUPE, individually and as owner and operator of Rupe Contracting, Inc., as follows:
COUNT I
CREATION OF A WATER POLLUTION HAZARD
1.
This Count is brought against Respondent Rupe Contracting, Inc. 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 31 of
the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2006). This Count is
also brought against Respondent John
A.
Rupe, individually and as owner and operator of
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
Rupe Contracting, Inc., on behalf of the People of the State of Illinois, by Lisa Madigan,
Attorney General
of the State of Illinois, on her own motion, pursuant to the terms and
provisions
of Section 31 of the 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.
3.
At all times relevant to this Complaint, Respondent Rupe Contracting, Inc.
("Rupe Contracting") was and is an Illinois corporation.
4.
At all times relevant to this Complaint, Rupe Contracting was and is a
contractor that performs excavation work.
5.
At all times relevant to this Complaint, Respondent John
A.
Rupe ("John
Rupe") was and is the president, owner, and registered agent
of Rupe Contracting, and
was and is in control
of and is responsible for the day-to-day operations of Rupe
Contracting.
6.
On or around Septem.ber 11, 2006, Lester Schmollinger hired Rupe
Contracting to grade and fill a low spot on his property in Spring Valley, Bureau County,
Illinois ("the Site").
7.
The Site is approximately forty feet in distance from. a watercourse known
as Spring Creek.
8.
On September 11, 2006, Rupe Contracting graded and filled a low spot at
the Site.
9.
On September 11,2006, John Rupe performed the grading and filling of
the Site on behalf of Rupe Contracting.
2
Electronic Filing - Received, Clerk's Office, May 1, 2008
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10.
While grading and filling the Site on September 11, 2006, John Rupe
struck and ruptured a sanitary sewer line.
11.
On September 11, 2006, or at any time thereafter, neither John Rupe nor
any other agent
of Rupe Contracting reported the rupture of the sewer line at the Site to
Mr. Schmollinger or to any public authorities.
12.
On or about September 16, 2006, Mr. Schmollinger notified the Spring
Valley Police Department that sewage was flowing from the ruptured
sewer line onto his
property.
13.
By the time a work crew from the City of Spring Valley ("City")
responded
to the sewer line rupture at the Site on September 16, 2006, a pool of untreated
sewage had collected in a ditch adjacent to the sewer line.
14.
On September 16, 2006, the City work crew responding to the sewer line
rupture at the Site constructed a temporary berm, in order to direct the flow
of untreated
sewage back into the sanitary sewer system.
15.
On September 18,2006, a City work crew pumped an estimated 108,000
gallons
of untreated sewage that had leaked from the ruptured sewer line and
accumulated in an adjacent ditch back into the sanitary sewer system.
16.
On September 19, 2006, Rupe Contracting, after consulting with City
officials, repaired the ruptured sewer line by installing a new section
of pipe and pouring
concrete to seal the line.
17.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides the following
definition:
"Person" is any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint
3
Electronic Filing - Received, Clerk's Office, May 1, 2008
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stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or
assigns.
18.
Respondents RUPE CONTRACTING, INC. and JOHN
A.
RUPE are each
a "person"
as that term is defined in Section 3.315 of the Act, 415 ILCS 5/3.315 (2006).
19.
Section 3.165 of the Act, 415 ILCS 5/3.165(2006), provides the following
definition:
"CONTAMINANT"
is any solid, liquid, or gaseous matter, any
odor, or any form
of energy, from whatever source.
20.
Untreated sewage is a "contaminant" as that term is defined in Section
3.165
of the Act, 415 ILCS 5/3.165 (2006).
21.
Section 3.550 of the Act, 415 ILCS 5/3.550 (2006), provides 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.
22.
Spring Creek, located in Spring Valley, Bureau County, Illinois,
is a
"water"
of the State of Illinois as that term is defined in Section 3.550 of the Act, 415
ILCS 5/3.550 (2006).
23.
Section 3.545
of the Act, 415 ILCS 5/3.545 (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.
4
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
24.
Section 12 of the Act, 415 ILCS 5/12 (2006), provides, in relevant part, 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.
25.
The Respondents' rupture
of a sanitary sewer line at the Site on September
11,
2006 caused untreated sewage to be deposited upon the ground.
26. .
The deposit of untreated sewage at the Site created a water pollution
hazard.
27.
By causing or allowing the deposit of contaminants upon the land so as to
create a water pollution hazard, the Respondents, Rupe Contracting and John Rupe,
violated 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 Respondents RUPE
CONTRACTING, INC. and JOHN
A. RUPE for the following relief:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein;
2.
Finding that the Respondents have violated Section 12(d) of the Act, 415
ILCS 5/12(d) (2006);
3.
Ordering the Respondents to cease and desist from any further violations
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2006);
5
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
4.
Assessing against the Respondents a civil penalty of Fifty Thousand
Dollar~
($50,000.00) for each violation of the Act and Ten Thousand Dollars
($10,000.00) for each day
of violation;
5.
Ordering the Respondents 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 II
CAUSING SANITARY SEWAGE OVERFLOW
1-22. The Complainant realleges and incorporates by reference paragraphs 1
through
22 of Count I as if fully set forth herein as paragraphs 1 through 22 of this Count
II.
23.
Sanitary sewer systems are subject to the Act and the Rules and
Regulations promulgated by the Illinois Pollution Control Board ("Board"). The Board's
regulations for water pollution are found in Title 35, Subtitle 35, Chapter
I, of the Illinois
Administrative Code ("Board's Water Pollution Regulations").
24.
Section
12 of the Act, 415 ILCS 5/12 (2006), provides, in relevant 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.
6
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
25.
Section 306.304 of the Board's Water Pollution Regulations, 35 Ill. Adm.
Code 306.304, provides
as follows:
Overflows
Overflows from sanitary sewers are expressly prohibited.
26.
On or about September
11, 2006, Respondents Rupe Contracting and John
Rupe caused the overflow
of the sanitary sewer in Spring Valley, Illinois, in violation of
Section 306.304 of the Board's Water Pollution Regulations, 35 Ill. Adm. Code 306.304.
27.
By violating section 306.304
of the Board's Water Pollution Regulations,
a regulation adopted by the Board, Respondents Rupe Contracting and John Rupe also
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 Respondents RUPE
CONTRACTING, INC. and JOHN
A.
RUPE for the following relief:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein;
2.
Finding that the Respondents have violated Section 12(a) of the Act, 415
ILCS 5/12(a) (2006), and Section 306.304
of the Board's Water Pollution Regulations,
35 Ill. Adm. Code 306.304;
3.
Ordering the Respondents to cease and desist from any further violations
of Section 12(a) of the Act, 415 ILCS 5/12(a) (2006), and Section 306.304 of the Board's
Water Pollution Regulations,
35 Ill. Adm. Code 306.304;
7
Electronic Filing - Received, Clerk's Office, May 1, 2008
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. ,
.....
4.
Assessing against the Respondents a civil penalty of Fifty Thousand
Dollars ($50,000.00) for each violation of the Act and pertinent regulations, and Ten
Thousand Dollars ($10,000.00) for each day
of violation;
5.
Ordering the Respondents 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
BY:
MATTHEW J. DUNN, Chief
Environmental Enforcement!Asbestos Litigation
Division
u;.-r.::r--............,=._-_...-
..
OF COUNSEL
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
(312) 814-0660
8
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
CERTIFICATE OF SERVICE
I, ANDREW ARMSTRONG, an Assistant Attorney General, do certify that I
caused to be mailed this 1st day
of May, 2008, the foregoing Complaint and Notice of
Filing upon the persons listed on said Notice, by certified mail.
AND~~
Assistant Attorney General
Environmental Bureau
Office
of the Illinois Attorney General
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
(312) 814-0660
Electronic Filing - Received, Clerk's Office, May 1, 2008
* * * * * PCB 2008-083 * * * * *
