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ReceiveD

CLERK'S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN 0 4 2008

Pollution

STATE OF

Control

ILLINOISBoard

UNITED CITY OF YORKVILLE, A

MUNICIPAL CORPORATION,

Complainant,

PCB No. 08-

(Enforcement-Land, Air, Water)

HAMMAN FARMS,

Respondents.

NOTICE OF FILING

TO: SEE PERSONS ON ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of Clerk of the Illinois

Pollution Control Board, an original and nine copies each of the

COMPLAINT

UNITED

CITY OF YORKVILLLE, ENTRY OF APPEARANCE OF THOMAS G. GARDINER,

and

ENTRY OF APPEARANCE OF MICHELLE M. LAGROTTA,

copies of which are

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 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.

Respectfully submitted,

Dated: June 4, 2008

Thomas G. Gardiner

Michelle M. LaGrotta

GARDINER KOCH & WEISBERG

53 W Jackson Blvd., Ste. 950

Chicago, IL 60604

(312) 362-0000

Atty ID: 29637

THIS FILING IS SUBMITTED ON RECYCLED PAPER

CERTIFICATE OF SERVICE

I, Michelle M. LaGrotta, the undersigned certify that I have served the attached

COMPLAINT OF UNITED CITY OF YORKVILLLE, ENTRY OF APPEARANCE OF

THOMAS G. GARDINER, and ENTRY OF APPEARANCE OF MICHELLE M. LAGROTTA,

upon:

Pollution Control Board, Attn: Clerk

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

by hand delivery on June 4, 2008; and upon

Hamman Farms

Attn: Mr. Donald J. Hamman

6275 Route 71

Oswego, Illinois 60543

by registered mail by placing copies in the United States Mail, postage prepaid, in Chicago,

Illinois on June 4, 2008.

c/tIg

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RCELERCK'ES

FVFiECED

UNITED CITY OF YORKVILLE, A

MUNICIPAL CORPORATION,

Complainant,

JUN 0

PCB No. 08-

(Enforcement-Land, Air, Water)

HAMMAN FARMS,

Respondents.

ENTRY OF APPEARANCE OF THOMAS G. GARDINER

NOW COMES, Thomas G. Gardiner, of the law firm of GARDINER KOCH &

WEISBERG, and hereby enters his appearance on behalf of Complainant, UNITED CITY OF

YORKVILLE, in the above-referenced matter.

Respectfully submitted,

GARDINER KOCH & WEISBERG

53 W Jackson Blvd., Ste. 950

Chicago, IL 60604

(312) 362-0000

Atty ID: 29637

UNITED CITY OF YORKVILLE, A )

MUNICIPAL CORPORATION, )

Complainant, )

/:"ECEIVED

CLERK'S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN 0 4 2008

STATE

ollution

Control

ILLINOISBoard

PCB

(Enforcement-Land,

No. 08- Air,

Water)

HAMMAN FARMS,

)

Respondents. )

ENTRY OF APPEARANCE OF MICHELLE M. LAGROTTA

NOW COMES, Michelle M. LaGrotta, of the law firm of GARDINER KOCH &

WEISBERG, and hereby enters his appearance on behalf of Complainant, UNITED CITY OF

YORKVILLE, in the above-referenced matter.

Respectfully submitted,

UNITED CITY OF YORKVILLE,

,‘4

GARDINER KOCH & WEISBERG

53 W Jackson Blvd., Ste. 950

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL

BOAKIrE

OF ILLINOIS

Pollution Control Board

UNITED CITY OF YORKVILLE, A

MUNICIPAL CORPORATION,

Complainant,

HAMMAN FARMS,

Respondents.

PCB No. 08- CCIO

(Enforcement-Land, Air, Water)

FORMAL COMPLAINT

NOW COMES the Complainant, UNITED CITY OF YORKVILLE, by its attorneys,

GARDINER KOCH & WEISBERG, pursuant to Section 31(d) of the Illinois Environmental

Protection Act (415 ILCS 5/31(d)), and 35 Ill. Admin. Code § 103.200, and for its Complaint

against HAMMAN FARMS, states as follows:

GENERAL ALLEGATIONS

Complainant, UNITED CITY OF YORKVILLE, (hereinafter referred to as

"Yorkville") is an Illinois municipal corporation in Kendall County, Illinois.

At all times relevant, HAMMAN FARMS (hereinafter referred to as

"HAMMAN") is a farm, located on approximately twenty-two hundred acres of land in Kendall

County.

On this land, HAMMAN grows crops of soybeans, wheat and corn.

4. Starting

in or around 1993, HAMMAN registered with the Illinois Environmental

Protection Agency ("Agency") as an On-Site Compost Landscape Waste Compost Facility

(hereinafter referred to as "Compost Facility") pursuant to section 21(q)(3) of the Illinois

Environmental Protection Act (hereinafter referred to as "Act").

As part of HAMMAN'S farming operations, HAMMAN receives landscape

waste from offsite. HAMMAN grinds the landscape waste in a tub grinder. HAMMAN then

applies the landscape waste to farm fields.

Sometime in or around 1992 to 1993, HAMMAN applied to the Agency for

permission to apply landscape waste at rates greater than the agronomic rate of twenty (20) tons

per acre per year. The Agency denied Hamman's request.

Since registering with the Agency as a Compost Facility, HAMMAN has

completed and filed annual reports as required under 35 Illinois Administrative Code

§830.106(b)(2).

HAMMAN certified that it received landscape waste in the amounts of 157,391

cubic yards, 174,630 cubic yards, 266,441 cubic yards, 192,532 cubic yards, and 222,239 cubic

yards for the years 2002, 2003, 2004, 2005, and 2006, respectively.

Application of landscape waste at agronomic rates results in application

measurements of three quarter of an inch. Application measurements of greater than three

quarters of an inch signify that landscape waste is being applied at rates greater than the

agronomic rate.

10.

Since registering as a Compost Facility, HAMMAN has applied landscape waste

at rates resulting in application measurements greater than three quarters of one inch.

11.

On several occasions since registering as a Compost Facility, Agency inspectors

have found litter mixed with the landscape waste in HAMMAN's fields.

12.

Since HAMMAN began the application of landscape waste to its fields, the

Agency has received complaints of strong and offensive odors around HAMMAN.

13. On October 17, 2007, Agency inspectors, Gino Bruni and Mark Retzlaff,

conducted an inspection of HAMMAN. During the inspection, the inspectors observed the

following:

The application rate was two and one half inches to three inches thick using a

ruler;

b. Numerous flies were at the field where landscape waste had been applied; and

General refuse was in the landscape waste.

14. On

November 15, 2007, the Agency issued HAMMAN a violation notice. The

notice cited the following violations:

Section 21(a) of the Act: HAMMAN openly dumped landscape waste and

general refuse. HAMMAN did not apply landscape waste at agronomic rates.

b. Section 21(d) of the Act: HAMMAN openly dumped landscape waste and

general refuse. HAMMAN did not apply landscape waste at agronomic rates.

HAMMAN conducted the aforementioned activities without a permit issued

by the Agency.

Section 21(p) of the Act: HAMMAN openly dumped litter, and litter was

commingled with the landscape waste.

35 Ill. Admin. Code §807.201: HAMMAN openly dumped landscape waste

and general refuse. HAMMAN did not apply landscape waste at agronomic

rates. HAMMAN conducted the aforementioned activities without a

developmental permit granted by the Agency.

35 III. Admin. Code §807.202: HAMMAN openly dumped landscape waste

and general refuse. HAMMAN did not apply landscape waste at agronomic

rates. HAMMAN conducted the aforementioned activities without a

developmental permit granted by the Agency.

15. The violation notice specified "suggested resolutions." These included the

following:

Immediately cease all open dumping;

b. Immediately remove all litter/general refuse from incoming loads of landscape

waste prior to placing into the tub grinder. A second screening of the

landscape waste must be conducted prior to being applied to the farm fields. If

necessary, a third screening must be conducted prior to the landscape waste

being tilled into the field;

Immediately apply landscape waste at agronomic rates (three quarters of one

inch in thickness). Daily written agronomic rate calculations must be

maintained for three years; and

Immediately calculate, on a daily basis, the percentage of non-landscape

waste. These calculations must be maintained for three years.

16. Following

the violation notice, a violation notice meeting was held at the

Agency's Des Plaines office. At the meeting, DONALD J. HAMMAN admitted that HAMMAN

was applying landscape waste at a rate greater than twenty (20) tons per acre per year.

17. On

March 5, 2008, the Agency rejected HAMMAN's Compliance Commitment

Agreement on the following bases:

a. HAMMAN failed to agree to apply landscape waste at agronomic rates

(twenty (20) tons per acre per year); and

b. HAMMAN failed to calculate on a daily basis the percentage of non-

landscape waste.

18.

On April 10, 2008, HAMMAN filed a request for permission to apply landscape

waste at rates greater than the agronomic rate of twenty (20) tons per acre per year. HAMMAN

included with its application the following documents:

(1)

Land Application Plan; (2) USDA

Soil Conservation Service Soil Survey; (3) Chemical Analysis of Soil/Compost; (4) Calculations

regarding Nitrogen Demand and Expected Nitrogen and Potassium Loading; and (5) Opinion of

Dr. Razvi.

19.

The Chemical Analysis of Soil/Compost included four (4) soil samples and one

(1) sample of leaves with mixed forage. Midwest Laboratories, who performed the tests,

received the four soil samples conducted the analyses on December 7, 2007. Midwest

Laboratories' report did not identify the location from where the samples were taken. Midwest

Laboratories, Inc. received the sample of leaves with mixed forage on December 5, 2007.

20.

The Illinois Agronomy Handbook recommends using a sampling of one

composite from each two and one half (2 1/4) acre areas when conducting soil test analysis. Mr.

Gary Cima, an expert in landscape waste application and former Agency investigator,

recommends using a sampling of two tests from each one acre area.

21.

On April 16, 2008, HAMMAN filed a supplemental application.

22.

On May 1, 2008, the Agency approved HAMMAN's request to raise the

agronomic rate.

COUNT I

OPEN DUMPING VIOLATIONS

23.

Section 21 of the Act, 415 ILCS 5/21(2008), provides in pertinent part as follows:

"No person shall:

(a) Cause or allow the open dumping of any waste...

(d) Conduct any waste-storage, waste treatment, or waste-

disposal operation:

(1) without a permit granted by the Agency or in

violation of any conditions imposed by such

permit...

(2) in violation of any regulations or standards

adopted by the Board under this Act;...

(e) Dispose, treat, store, or abandon any waste, or transport

any waste to this State for disposal, treatment storage or

abandonment, except at a site or facility which meets the

requirements of this Act and of regulations and standards

thereunder....

(p) In violation of subdivision (a) of this Section, cause or

allow the open dumping of any waste in a manner which

results in any of the following occurrences at the dump site:

(1) litter;..."

•24.

Section 3.185 of the Act, 415 ILCS 5/3.185 (2008), provides:

"'Disposal' means the discharge, deposit, injection, dumping,

spilling, leaking or placing of any waste or hazardous waste into or

on any land or water or into any well so that such waste or

hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any

waters, including ground waters."

25.

Section 3.230 of the Act, 415 ILCS 5/3.230 (2008), provides in pertinent part:

"'Household waste' means any solid waste (including garbage,

trash, and sanitary waste in septic tanks) derived from

households..."

26.

Section 3.270 of the Act, 415 ILCS 5/3.270 (2008), provides:

"'Landscape waste" means all accumulations of grass or shrubbery

cuttings, leaves, tree limbs and other materials accumulated as the

result of the care of lawns, shrubbery, vines and trees."

27.

Section 3.305 of the Act, 415 ILCS 5/3.305 (2008), provides:

"'Open dumping' means the consolidation of refuse from one or

more sources at a disposal site that does not fulfill the requirements

of a sanitary landfill."

28.

Section 3.385 of the Act, 415 ILCS 5/3.385 (2008), provides:

"'Refuse' means waste."

29.

Section 3.445 of the Act, 415 ILCS 5/3.445 (2008), provides:

"'Sanitary landfill' means a facility permitted by the Agency for

the disposal of waste on land meeting the requirements of the

Resource Conservation and Recovery Act, P.L. 94-580, and

regulations thereunder, and without creating nuisances or hazards

to public health or safety, by confining the refuse to the smallest

practical volume and covering it with a layer of earth at the

conclusion of each day's operation, or by such other methods and

intervals as the Board may provide by regulation."

30.

Section 3.470 of the Act, 415 ILCS 5/3.470 (2008), provides:

"'Solid waste' means waste."

31.

Section 3.480 of the Act, 415 ILCS 5/3.480 (2008), provides:

"'Storage' means the containment of waste, either on a temporary

basis or for a period of years, in such a manner as not to constitute

disposal."

32.

Section 3.535 of the Act, 415 ILCS 5/3.535 (2008), provides in pertinent part:

"'Waste' means any garbage...or other discarded material,

including solid, liquid, semi-solid or contained gaseous material

resulting from industrial, commercial, mining and agricultural

operations, and from community activities..."

33.

Section 3.540 of the Act, 415 ILCS 5/3.540 (2008), provides:

"'Waste disposal site' is a site on which solid waste is disposed."

34.

On October 23, 2007 the Agency inspected HAMMAN and found refuse mixed in

with the

landscape waste.

35.

Garbage and refuse mixed with the landscape waste constitutes waste under

section 3.535 of the Act. 415 ILCS 5/535.

36.

On several occasions since HAMMAN began applying landscape waste, garbage

has been mixed with the landscape waste on HAMMAN fields.

37.

In allowing the garbage to be disposed of and remain on HAMMAN fields,

HAMMAN allowed "open dumping" for purposes of 415 ILCS 5/21(a).

38.

In allowing the garbage to be disposed of and remain on HAMMAN fields,

HAMMAN conducted waste-storage and waste-disposal operations, for purposes of 415 ILCS

5/21(d)(1) and (2),without a permit and in violation of the Act and regulations.

39.

In allowing the garbage to be disposed of and remain on HAMMAN fields,

HAMMAN became a waste disposal site for purposes of 415 ILCS 5/21(e). At the time that

HAMMAN allowed garbage to remain on HAMMAN fields, HAMMAN was not permitted for

the disposal of waste, and thus does not meet the requirements of the Act or the regulations for

purposes of 415 ILCS 5/21(e).

40.

In allowing the garbage to be disposed of and remain on HAMMAN fields,

HAMMAN allowed "open dumping" of litter for purposes of 415 ILCS 5/21(p)(1).

41.

HAMMAN's failure to remove the waste is harmful to the environment and to the

health and welfare of the people living and working near HAMMAN.

42.

Because of the aforementioned reasons, HAMMAN has violated sections

21(a),

21(d)(1) and (2), 21(e), and 21(p)(1) of the Act.

PRAYER FOR RELIEF

WHEREFORE, Complainant, UNITED CITY OF YORKVILLE, respectfully requests

that the Board enter an order against the Respondent:

Authorizing a hearing in this matter at which time the Respondent will be

required to answer the allegations herein;

Finding that the Respondent has violated the Act and regulations as

alleged herein;

Ordering the Respondent to cease and desist from any further violations of

the Act and associated regulations;

Ordering the Respondent to pay a civil penalty of $50,000 for each such

violation, pursuant to Section 42(a) of the Illinois Environmental

Protection Act, 415 ILCS 5/42(a);

Ordering the Respondent to pay an additional civil penalty of $10,000 for

each day during which each such violation continued, pursuant to Section

42(a) of the Illinois Environmental Protection Act, 415 ILCS 5/42(a);

Awarding the Complainant its costs and reasonable attorney's fees; and

Granting such other relief as the Board may deem appropriate.

COUNT II

LANDSCAPE WASTE VIOLATIONS

43.?

Section 21 of the Act, 415 ILCS 5/21(2008), provides in pertinent part as follows:

"No person shall:...

(q) Conduct a landscape waste composting operation

without an Agency permit, provided, however, that no

permit shall be required for any person:...

(2)

applying landscape waste or composted

landscape waste at agronomic rates; or

(3)

operating a landscape waste composting facility

on a farm, if the facility meets all of the following

criteria:

(A) the composting facility is operated by

the farmer on property on which the

composting material is utilized, and the

composting facility constitutes no more than

2% of the property's total acreage...

(C)

all compost generated by the composting

facility is applied at agronomic rates and

used as mulch, fertilizer or soil conditioner

on land actually farmed...

(D)

the owner or operator, by...January 1 of

each year thereafter, (i) registers the site

with the Agency, (ii) reports to the Agency

on the volume of composting material

received and used at the site, (iii) certifies to

the Agency that the site complies with the

requirements set forth in subparagraphs (A),

(B) and (C) of this paragraph (q)(3), and (iv)

certifies to the Agency that all composting

material was placed more than 200 feet from

the nearest potable water supply well, was

placed outside the boundary of the 10-year

floodplain or on a part of the site that is

floodproofed, was placed at least 1/4 mile

from the nearest residence (other than a

residence located on the same property as

the facility) and there are not more than 10

occupied non-farm residences within 1/2

mile of the boundaries of the site on the date

of application, and was placed more than 5

feet above the water table.

For the purposes of this subsection (q), 'agronomic rates'

means the application of not more than 20 tons per acre per

year, except that the Agency may allow a higher rate for

individual sites where the owner or operator has

demonstrated to the Agency that the site's soil

characteristics or crop needs require a higher rate."

44. Section 3.270 of the Act, 415 ILCS 5/3.270 (2008), provides:

"'Landscape waste' means all accumulations of grass or shrubbery

cuttings, leaves, tree limbs and other materials accumulated as the

result of the care of lawns, shrubbery, vines and trees."

45. Section

830.102 of the Illinois Administrative Code Title 35, ILL.

ADMIN. CODE

TIT.

35, §830.102, provides in pertinent part:

"Except as stated in this Section, the definition of each word or

term used in this Part, 35 Ill. Adm. Code 831 and 35 Ill. Adm.

Code 832 shall be the same as that applied to the same word or

term in the Environmental Protection Act...

`Agronomic Rates' means the application of not more than

20 tons per acre per year, except that the Agency may allow

a higher rate for individual sites where the owner or

operator has demonstrated to the Agency that the site's soil

characteristics or crop needs require

. a higher rate. (Section

21(q) of the Act.)...

`Compost' means the humus-like product of the process of

composting waste, which may be used as a soil conditioner.

(Section 3.70 of the Act.)

`Composting' means the biological treatment process by

which microorganisms decompose the organic fraction of

the waste, producing compost. (Section 3.70 of the Act.)

Land application is not composting....

`Land application' means the spreading of waste, at an

agronomic rate, as a soil amendment to improve soil

structure and crop productivity....

`Landscape waste compost facility' means an entire

landscape waste composting operation, with the exception

of a garden compost operation....

`On-farm landscape waste compost facility' means a

landscape compost facility which satisfies all of the criteria

set forth in Section 830.106. "

46. Section

832.109 of the Illinois Administrative Code Title 35,

ILL. ADMIN. CODE

TIT.

35, §832.109, provides:

"The issuance and possession of a permit shall not constitute a

defense to a violation of the Act or any Board regulations, except

for the development and operation of a facility without a permit."

47.

Landscape waste constitutes waste under section 3.535 of the Act. 415 ILCS

5/535.

48.

Since HAMMAN began applying landscape waste, HAMMAN has applied

landscape waste at rates greater than the agronomic rate of twenty (20) tons per acre per year.

49.

HAMMAN failed to establish that HAMMAN's soil characteristics or crop needs

require a higher rate of landscape waste application in its request to the Agency. As a result, the

Agency's grant of permission allowing HAMMAN to apply landscape waste at rates up to eighty

(80) tons per acre per a year violates the Act and regulations.

50.

In applying landscape waste at rates greater than the agronomic rate of twenty

(20) tons per acre per year, HAMMAN allowed "open dumping" for purposes of 415 ILCS

5/21(a).

51.

In applying landscape waste at rates greater than the agronomic rate of twenty

(20) tons per acre per year, HAMMAN conducted waste-storage and waste-disposal operations,

for purposes of 415 ILCS 5/21(d)(1) and (2),without a permit and in violation of the Act and

regulations.

52.

In applying landscape waste at rates greater than the agronomic rate of twenty

(20) tons per acre per year, HAMMAN became a waste disposal site for purposes of 415 ILCS

5/21(e). HAMMAN was not permitted for the disposal of waste, and thus does not meet the

requirements of the Act or the regulations for purposes of 415 ILCS 5/21(e).

53.

In applying landscape waste at rates greater than the agronomic rate of twenty

(20) tons per acre per year, HAMMAN does not meet the permit exemptions found in sections

21(q)(2) and (3) of the Act. In applying landscape waste at rates greater than the agronomic rate

of twenty (20) tons per acre per year, without a permit, HAMMAN violated section 21(q) of the

act.

54. Because

of the aforementioned reasons, HAMMAN has violated sections 21(a),

21(d)(1) and (2), 21(e), and 21(q).

PRAYER FOR RELIEF

WHEREFORE, Complainant, UNITED CITY OF YORKVILLE, respectfully requests

that the Board enter an order against the Respondent,

Authorizing a hearing in this matter at which time the Respondent will be

required to answer the allegations herein;

Finding that the Respondent has violated the Act and regulations as

alleged herein;

Ordering the Respondent to cease and desist from any further violations of

the Act and associated regulations;

Ordering the Respondent to pay a civil penalty of $50,000 for each such

violation, pursuant to Section 42(a) of the Illinois Environmental

Protection Act, 415 ILCS 5/42(a);

Ordering the Respondent to pay an additional civil penalty of $10,000 for

each day during which each such violation continued, pursuant to Section

42(a) of the Illinois Environmental Protection Act, 415 ILCS 5/42(a);

Awarding the Complainant its costs and reasonable attorney's fees; and

Granting such other relief as the Board may deem appropriate.

COUNT III

AIR POLLUTION VIOLATIONS

55. Section 9 of the Act, 415 ILCS 5/9 (2008) provides in pertinent part:

"No person shall:

(a) Cause or threaten or allow the discharge or emission of

any contaminant into the environment in any State so as to

cause or tend to cause air pollution in Illinois, either alone

or in combination with contaminants from other sources, or

so as to violate regulations or standards adopted by the

Board under this Act..."

56.

Section 3.115 of the Act, 415 ILCS 5/3.115 (2008), provides

"'Air pollution' is the presence in the atmosphere of one or more

contaminants in sufficient quantities and of such characteristics and

duration as to be injurious to human, plant, or animal life, to health, or

to property, or to unreasonably interfere with the enjoyment of life or

property."

57.

Section 3.165 of the Act, 415 ILCS 5/3.165 (2008), provides:

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

any form of energy, from whatever source."

58.

Under Section 3.165 of the Act, the odor that is emitted from HAMMAN's

application of landscape waste is a contaminant.

59.

Under Section 3.115 of the Act, the release of the odor, a contaminant, is air

pollution that unreasonably interferes with the enjoyment of life or property. This odor

unreasonably interferes with Yorkville's residents' use and enjoyment of life and property.

60.

In applying the landscape waste, HAMMAN is allowing the discharge of

contaminant into the environment so as to cause air pollution under section 9(a) of the Act.

61.

Because of the aforementioned reasons, HAMMAN has violated section 9(a) of

the Act.

PRAYER FOR RELIEF

WHEREFORE, Complainant, UNITED CITY OF YORKVILLE, respectfully requests

that the Board enter an order against the Respondent,

Authorizing a hearing in this matter at which time the Respondent will be

required to answer the allegations herein;

Finding that the Respondent has violated the Act and regulations as

alleged herein;

Ordering the Respondent to cease and desist from any further violations of

the Act and associated regulations;

Ordering the Respondent to pay a civil penalty of $50,000 for each such

violation, pursuant to Section 42(a) of the Illinois Environmental

Protection Act, 415 ILCS 5/42(a);

Ordering the Respondent to pay an additional civil penalty of $10,000 for

each day during which each such violation continued, pursuant to Section

42(a) of the Illinois Environmental Protection Act, 415 ILCS 5/42(a);

Awarding the Complainant its costs and reasonable attorney's fees; and

Granting such other relief as the Board may deem appropriate.

COUNT IV

WATER POLLUTION VIOLATIONS

62.?

Section 12 of the Act, 415 ILCS 5/12 (2008), provides in pertinent part:

"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."

63.

Section 3.165 of the Act, 415 ILCS 5/3.165 (2008), provides:

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

any form of energy, from whatever source."

64.

Section 3.545 of the Act, 415 ILCS 5/3.545 (2008), provides:

"'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."

65.

Section 3.550 of the Act, 415 ILCS 5/3.550 (2008), provides:

"'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."

66.

Under Section 3.165 of the Act, the landscape waste that HAMMAN is applying

is a contaminant.

67.

Under Section 3.545 of the Act, HAMMAN's application of landscape waste is

water pollution in that the landscape waste is a contaminant which is being discharged into

ground water.

68.

In applying the landscape waste, HAMMAN is allowing the discharge of

contaminant into the environment so as to cause or tend to cause water pollution under section

12(a) of the Act.

69.

In applying the landscape waste, HAMMAN is allowing the deposit of

contaminants so as to create a water pollution hazard under section 12(d) of the Act.

70.

Because of the aforementioned reasons, HAMMAN has violated sections 12(a)

and 12(d) of the Act.

PRAYER FOR RELIEF

WHEREFORE, Complainant, UNITED CITY OF YORKVILLE, respectfully requests

that the Board enter an order against the Respondent,

Authorizing a hearing in this matter at which time the Respondent will be

required to answer the allegations herein;

Finding that the Respondent has violated the Act and regulations as

alleged herein;

Ordering the Respondent to cease and desist from any further violations of

the Act and associated regulations;

Ordering the Respondent to pay a civil penalty of $50,000 for each such

violation, pursuant to Section 42(a) of the Illinois Environmental

Protection Act, 415 ILCS 5/42(a);

Ordering the Respondent to pay an additional civil penalty of $10,000 for

each day during which each such violation continued, pursuant to Section

42(a) of the Illinois Environmental Protection Act, 415 ILCS 5/42(a);

Awarding the Complainant its costs and reasonable attorney's fees; and

Granting such other relief as the Board may deem appropriate.

UNITED CITY OF YORKVILLE,

Complainant,

One of A orn ys

Respectfully submitted,

Dated: June 4, 2008

Thomas G. Gardiner

Michelle M. LaGrotta

Gardiner Koch & Weisberg

53 W Jackson Blvd., Ste. 950

Chicago, IL 60604

(312) 362-0000