BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
STEVE SODERBERG d/b/a STEVE'S
CONCRETE AND EXCAVATING,
Respondent.
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PCB
(Enforcement -
Water)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on May
7,2008, the People ofthe State of Illinois filed
with the Illinois Pollution Control Board a Complaint, a true and correct 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'sOffice, or an attorney.
Respectfully submitted,
BY:
LISA MADIGAN
Attorney General
State
of Illinois
&~mlos'''''~I1~
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-6986
THIS FILING IS 'SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, May 7, 2008
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SERVICE LIST
Ms. Joey Logan-Wilkey, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
.
Springfield, IL 62702
Mr. STEVE SODERBERG d/b/a
STEVE'S CONCRETE AND EXCAVATING
1720 Charles Road
Rockford, Illinois 61104
Electronic Filing - Received, Clerk's Office, May 7, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
No.
)
STEVE SODERBERG d/b/a
)
STEVE'SCONCRETE AND EXCAVATING, )
)
Respondent.
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COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General
of the State of Illinois, complain of the Respondent, STEVE
SODERBERG d/b/a STEVE'S CONCRETE AND EXCAVATING,
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, 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, 415 ILCS
5/31 (2006) ("Act").
2.
The Illinois EPA is an administrative agency established in the executive
branch
of the State government by Section 4 of the Act, 415 ILCS 5/4 (2006), and
charged,
inter alia,
with the duty
of enforcing the Act.
3.
Respondent Steve Soderberg is the owner and operator of Steve's
Concrete and Excavating. Respondent Steve's is located at 1720 Charles Street,
Rockford, Illinois and is not registered with the Illinois Secretary
of State.
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4.
A diesel fuel spill in Keith Creek was reported by the Rockford Fire
Department ("RFD") to the Illinois EPA on May
12, 2006 after individuals at a local
elementary school noticed a petroleum odor near the creek. Illinois EPA determined that
the source
ofthe contamination was a spill area behind 2239 Charles Street.
5.
The spill area was inspected by Illinois EPA personnel, who responded to
the call from the RFD. The area was a small concrete landing above a storm water
culvert discharging to Keith Creek. Fuel had pooled on the concrete and flowed into the
culvert, to the creek, and onto a small area
of surrounding ground surface. Illinois EPA
observed a sheen moving on top
of the water and collecting in the curves and vegetation
along the creek.
6.
The Respondent had been renting the back of a building at 2303 Charles
Street which was part
of the same property at which the spill occurred. The property was
owned
by the Rockford Local Development Corporation and at the time the spill was
discovered, Respondent had agreed
to a termination of the lease and removal of an above
ground fuel tank from the site.
7.
A witness reported to the RFD that a truck marked as Steve's Concrete
and Excavating was observed removing equipment, including an above ground fuel tank,
from the site. Respondent Soderberg conceded that his employees had removed the fuel
tank, but indicated that the tank did not belong to him and that there had been no
problems during removal.
8.
The RFD initially constructed a small earthen dike to stop the flow of fuel
to the culvert and the creek. Shortly thereafter, the RFD Hazmat team placed a boom in
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the creek at the mouth of the culvert to prevent further release and placed a pad on the
area of the spill to absorb the fuel.
9.
Respondent contracted with Trans Environmental to take over remedial
efforts from the RFD.
Trans Environmental, reported the release to the Illinois
Emergency Management Agency ("lEMA"). Trans Environmental estimated that the
release was less than ten gallons
of fuel based on the size of the tank and the volume of
fuel remaining.
10.
On or about May 15, 2006, Illinois EPA returned to inspect the site and
observed that the concrete above the culvert was clean and that waste materials had been
placed in a fifty-five gallon drum. Trans Environmental had been instructed
by the
Illinois EPA to remove the soaked pads from the culvert and replace them with new ones.
Trans Environmental agreed to place the contaminated soil from around the spill area into
a disposal drum and notify the Illinois
EPA's Rockford office when the cleanup was
complete.
11.
On or about June 20, 2006, Illinois EPA representatives informed
Respondent that additional clean-up of the site was needed. Respondent contacted Trans
Environmental to consult with the Illinois EPA and remediate the area of the release.
After replacing absorbent materials and installing additional booms and pads at the site, a
steel drum
of contaminated soil and absorbents was disposed of at Orchard Hills Landfill
on June 23, 2006.
12.
On July 18, 2006, Illinois EPA sent a violation notice letter to Respondent
citing unpermitted discharge
of contaminants and water quality violations.
Trans
Environmental responded
by a letter dated September 29, 2006 and stated that Trans
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Environmental had taken immediate corrective actions following the release and
minimized the impact
to the environment. On October 16, 2006, the Illinois EPA
rejected the proposed compliance commitment submitted by Trans Environmental on
behalf
of Respondent and sent a notice of intent to pursue legal action ("NlPLA") letter
on March 21, 2007.
13.
Section 12(a) ofthe Act, 415 ILCS 5/12(a) (2006), provides 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.
14.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides, in relevant
part, the following definition:
"PERSON" is any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint
stock company, trust, estate
... or any other legal entity, or their
legal representative, agent or assigns.
15.
Respondent Steve Soderberg doing business as Steve' Concrete and
Excavating is a "person"
as that term is defined in Section 3.315 of the Act.
16.
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.
17.
The diesel fuel improperly emptied from the above ground fuel tank is a
contaminant as that term is defined in Section 3.165
of the Act.
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Electronic Filing - Received, Clerk's Office, May 7, 2008
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18.
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 the State.
19.
Keith Creek and the area surrounding it are "waters" as that term IS
defined in Section 3.550 of the Act.
20.
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.
21.
By spilling diesel fuel which flowed to the culvert and creek, Respondent
caused,
threaten~d
or allowed the discharge of contaminants into the environment so as to
cause or tend to cause water pollution in violation of Section l2(a) of the Act, 415 ILCS
5/12(a) (2006).
WHEREFORE, Complainant prays that this Board grant civil damages in favor
of
Complainant, People of the State of Illinois, and against Respondent, Steve Soderberg
d/b/a Steve's Concrete and Excavation, and enter an order with respect
to Count I:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section l2(a) of the Act, 415 ILCS
5/12(a) (2006);
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3.
Ordering 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, pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a) (2006), a civil penalty
of Fifty Thousand Dollars ($50,000.00) for each and
every violation
of the Act, and an additional Ten Thousand Dollars ($10,000.00) for each
day during which the violations continued thereafter;
5.
Ordering Respondent to pay all costs, pursuant to Subsection 42(£) of the
Act, 415 ILCS 5/42(£)(2006), including attorney, expert witness and consultant fees
expended by the State in its pursuit
of this action; and
6.
Granting other such. relief as this Board deems appropriate and just.
COUNT II
WATER POLLUTION HAZARD
1-12. Complainant realleges and incorporates by reference herein paragraphs 1
through
12 and 14 through 16 of Count I, as paragraphs 1 through 1S.of this Count II.
16.
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.
16.
During the Illinois EPA's inspections of the site, the fuel was observed
floating on top
of the water as well as on the soil leading from the culvert to the creek.
Prior to the RFD's placement
of absorbent materials on the spill, the fuel was uncovered
and unprotected from exposure to the elements.
17.
By spilling fuel which then flowed to the creek and surrounding soil areas,
Respondent deposited contaminants upon the land in such place and manner so as
to
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Electronic Filing - Received, Clerk's Office, May 7, 2008
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create a water pollution hazard, in violation of Section 12(d) of the Act, 415 ILCS
5/12(d) (2006).
WHEREFORE, Complainant prays that this Board grant civil damages in favor of
Complainant, People of the State of Illinois, and against Respondent, Steve Soderberg
d/bla
Steve'sConcrete
& Excavation, and enter an order with respect to Count II:
1. Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 12(d) of the Act, 415 ILCS
5/12(d) (2006);
3.
Ordering 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, pursuant to Section 42(a) of the Act, 415
ILCS
5/42(a)(2006),
a civil penalty of Fifty Thousand Dollars ($50,000.00) for each and
every violation of the Act, and an additional Ten Thousand Dollars ($10,000.00) for each
day during which the violations continued thereafter;
5.
Ordering Respondent to pay all costs, pursuant to Subsection 42(£) ofthe
Act, 415 ILCS 5/42(£)(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 this Board deems appropriate and just.
COUNT III
DISCHARGING WITHOUT A PERMIT
1-15. Complainant realleges and incorporates by reference herein para,graphs 1
through 12 and 14 through
16 of Count I, as paragraphs 1 through 15 of this Count III.
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16.
Section 12(f) of the Act, 415 ILCS 5/12(f) (2006), provides 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
the Board or
of any order adopted by the Board with respect to the
NPDES program
...
17.
Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 309.102(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.
18.
The spilled fuel identified at the site are not covered or allowed by any
NDPES permit issued to, or held by, the Respondent.
19.
By discharging contaminants not covered by an NPDES permit,
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).
WHEREFORE, Complainant prays that this Board grant civil damages in favor
of
Complainant, People of the State of Illinois, and against Respondent, Steve Soderberg
d/b/a Steve's Concrete and Excavation and enter an order pursuant to Count III:
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1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent 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 Respondent to cease and desist from any further violation 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(a) of the Act, 415
ILCS
5/42(b)
(2006), a civil penalty of Ten Thousand Dollars ($10,000.00) per day for
each violation
of the Act;
5.
Ordering Respondent to pay all costs, pursuant to Subsection 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 other such relief as this Board deems appropriate and just.
COUNT IV
CREATING AN OFFENSIVE CONDITION
1-15. Complainant realleges and incorporates by reference herein paragraphs 1
through
12 and 14 through 16 of Count I, as paragraphs 1 through 15 of this Count IV.
15.
Section 302.203 of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 302.203, provides as follows:
Waters
of the State shall be free from sludge or bottom deposits,
floating debris, visible oil, odor, plant or algal growth, color or
turbidity
of other than natural origin.
The allowed mixing
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provisions of Section 302.102 shall not be used to comply with the
provisions
of this Section.
16.
Oil sheens were visible on the creek surface and petroleum odor in the
area was evident during the dates
of the Illinois EPA'sinspections.
17.
By causing and allowing the oil sheens which disturbed the natural
appearance
of the creek, Respondent has created an offensive condition and violated
Section 302.203
of the Board Water Pollution Regulations, 35 Ill. Adm. Code 302.203.
WHEREFORE, Complainant prays that this
Board grant civil damages in favor of
Complainant, People of the State of Illinois, and against Respondent, Steve Soderberg
d/b/a Steve'sCement and Excavation and enter an order with respect to Count
IV:
1.
Authorizing a hearing in this matter at which time Respondent will be
required
to answer the allegations herein;
2.
Finding that Respondent violated Section 302.203 of the Board Water
Pollution Regulations,
35 Ill. Adm. Code 302.203;
3.
Ordering Respondent to cease and desist from any further violation of
Section 302.203 of the Board Water Pollution Regulations, 35 Ill. Adm. Code 302.203;
4.
Assessing against Respondent, pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a) (2004), a civil penalty
of Fifty Thousand Dollars for each violation of the
Board Water Pollution Regulations, and
ren Thousand Dollars ($10,000.00) per day for
each day during which the violation continues;
5.
Ordering Respondent to pay all costs, pursuant to Subsection 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 other such relief as this Board deems appropriate and just.
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•
OfCounsel:
George D. Theophilos
Assistant Attorney General
69 W. Washington St., 18th Fl.
Chicago, Illinois 60602
(312) 814-6986
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney
General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
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