BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
v.
FARMERS
&
TRADERS BANCSHARES,
INC., an Illinois corporation, and PEDRIANA
GUSTAFSON, INC., an Illinois corporation
Respondents.
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No. 08-
(Enforcement-Water)
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office
of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on 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
pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
By:
f~'i
--ut.
~~
VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-0608
Electronic Filing - Received, Clerk's Office, June 16, 2008
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Jim Tuneberg
Guyer
&
Enichen
2601 Reid Farm Road
Rockford, Illinois 61114
SERVICE LIST
Electronic Filing - Received, Clerk's Office, June 16, 2008
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I
'
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
v.
FARMERS
&
TRADERS BANCSHARES,
INC., an Illinois corporation, and PEDRIANA
GUSTAFSON, INC., an Illinois corporation
Respondents.
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No. 08-
(Enforcement-Water)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois, complains of Respondents, FARMERS
&
TRADERS
. BANCSHARES, INC., and PEDRIANA GUSTAFSON, INC., 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 the terms
and provisions
of Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS
5/31 (2006).
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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 FARMERS
&
TRADERS
BANCSHARES ("Farmers") was an Illinois corporation in good standing.
4.
At all times relevant to this Complaint, Respondent PEDRIANA GUSTAFSON,
INC., ("PG Architecture") was an Illinois corporation in good standing.
5.
At all times relevant to the Complaint, Respondent Farmers owned an 8.26 acre
parcel
ofland located on the northeast comer of Illinois Route 23 and U.S. Route30 in
Waterman, DeKalb County, Illinois ("Site").
6.
Prior to March 21, 2007, or a date better known to Respondents, Faimers retained
PG Architecture to construct a branch bank facility at the Site.
7.
Prior to September 13,2007, or a date better known to Respondents, Respondent
PG Architecture conducted construction activities on the Site.
8.
Storm water runoff from the Site flows into Somonauk Creek, located
approximately 2,000 feet to the east
of the Site.
9.
On March 21, 2007, the Illinois EPA inspected the Site.
10.
At the time of the Illinois
E~
A inspection, no erosion or sediment controls were in
.place on the eastern, southern or western boundaries of the Site. Access to the northern boundary
of the property was hampered by muddy conditions. A roadside ditch that formed the border
between the Site and U.S. Route 30 contained flowing water and was unprotected from siltation
from the Site. Soils in the vicinity
of the ditch were disturbed. A discharge pipe from the Site
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discha!ged to a small drainage area, which then flowed to the roadside ditch. The roadside ditch
in turn flowed east to a tributary
of the Somnauk: Creek.
11.
On September 13, 2007, the Illinois EPA again inspected the Site.
12.
At the time
of the Illinois EPA inpsection, all construction and landscaping
activities had been completed and sufficient erosion control measures were in place at the Site.
13.
Section 12(a)
of the Act, 415 ILCS 5/12(a)(2006), provides as follows:
No person shall:
(a)
Cause or threaten or allow the discharge
of any contaminant 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
ofthe Act, 415 ILCS 5/3.315 (2006), provides, as follows:
"PERSON" is an individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint.
stock company, trust, political subdivision, state agency, or any
other legal entity, or their legal representative, agent or assigns.
15.
Respondent Farmers, a corporation, is a "person" as that term is defined in the
Act.
16.
Respondent PG Architecture, a corporation, is a "person" as that term is defined
in the Act.
17.
Section 3. i65 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.
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18.
Soil and debris from construction activities at the Site are "contaminants" as that
term is defined in Section 3.165 of the Act, 415 ILCS 5/3.165 (2006).
19.
Section 3.550
of the Act, 415 ILCS 5/3.550 (2006), contains 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.
20.
Somonauk Creek is a "water[s]" ofthe State of Illinois as that term is defined in
Section 3.550
of the Act, 415 ILCS 5/3.550 (2006).
21.
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 of
render such waters harmful or 4etrimental 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.
22.
From at least March 21, 2007 to September 13, 2007,
or on dates better known to
Respondents, Respondents Farmers and
PG Architecture failed to install adequate erosion
control measures at the Site, thereby causing, threatening or allowing soil and/or debris from
construction activities at the Site to discharge into Somonauk Creek, the receiving waters
ofthe
Site.
23.
The discharge
of soil and/or debris from construction activities at the Site into
Somonauk Creek has caused or tended to cause water pollution, in that such discharges have
likely rendered the waters
ofthe State harmful or detrimental or injurious to public health, safety,
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or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate
uses, or to livestock, wild animals, birds, fish, or other aquatic life, and have likely created a
nmsance.
24.
By causing or allowing the discharge of contaminants in such a manner as to
cause or tend to cause water pollution in the waters
of the State, Respondents Farmers and PG
Architecture have 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, FARMERS & TRADERS
BANCSHARES and PEDRIANA GUSTAFSON, INC., d/b/a P G ARCHITECTURE for the
following relief:
1. . Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section 12(a) of the Act;
3.
Ordering Respondents to cease and desist from any further violations of Section
12(a)
of the Act;
4.
Assessing against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation ofthe Act, with an additional penalty ofTen Thousand Dollars
($10,000.00) for each day
of violation;
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act,
including attorney, expert witness, and consultant fees expended
by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate and just.
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Electronic Filing - Received, Clerk's Office, June 16, 2008
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COUNT II
CREATING A WATER POLLUTION HAZARD
1-22. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 and paragraphs 14 through 23 of Count I as paragraphs 1 through 22 of this Count II.
,
,
23.
Section 12(d) ofthe Act, 415 ILCS
5/12(d)
(2006), provides as follows:
No person shall:
**
*
(d)
Deposit any contaminant upon the land in such place and
manner so
as to create a water pollution hazard.
24.
From at least March 21,2007
to at least September 13, 2007, or on dates better
known to Respondents, Respondents Farmers and PG Architecture graded ground on the Site
during construction activities without providing adequate erosion control devices to prevent
runoff
of soil and debris-laden storm water to Somonauk Creek.
25.
During the March 21,2007 inspection
ofthe Site, Respondents Farmers and PG
Architecture had stockpiled soil on the Site immediately adjacent to a roadside ditch. Soil had
been stockpiled in such a manner that a rain event would have caused the runoff
of soil and
debris-laden storm water into the storm sewer.
26.
By depositing contaminants upon the land in such place and manner so as to
create a water pollution hazard, Respondents Farmers and PG Architecture 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, FARMERS
&
TRADERS
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Electronic Filing - Received, Clerk's Office, June 16, 2008
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BANCSHARES and PEDRIANA GUSTAFSON, INC., d/b/a P G ARCHITECTURE, for the
following relief:
1.
Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section 12(d) of the Act;
3.
Ordering Respondents to cease and desist from any further violations of Section
12(d)
of the Act;
4.
Assessing against Respondents a civil penalty of Fifty Thousand Dollars
($50,000.00) for each violation
of the Act, with an additional penalty ofTen Thousand Dollars
($10,000.00) for each day
of violation;
5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) ofthe Act,
including attorney, expert witness, and consultant fees expended
by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
FAILURE TO COMPLY WITH NPDES PERMIT
1-19. Complainant realleges and incorporates by reference herein paragraphs 1 through
12 and 14 through 20 of Count I as paragraphs 1 through 19 of this Count III.
20.
Section 12(f) of the Act, 415 ILCS 5/12(f) (2006), provides in relevant part, as
follows:
No person shall:
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*
*
*
(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.
20.
Pursuant to authority granted in Sections
13 and 27 of the Act, 415 ILCS 5/13 and
5/27 (2006), the Illinois Pollution Control Board ("Board") has promulgated rules and
regulations
to control water pollution in Illinois, codified at 35 Ill. Adm. Code Subtitle C,
Chapter I ("Board Water Pollution Regulations").
22.
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
ofthe 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.
23.
The federal Clean Water Act regulates the discharge
ofpollutants from a point
source into navigable waters and prohibits such point source discharges without an NPDES
permit. The United States Environmental Protection Agency ("US EPA") administers the
NPDES program in each State unless the
U~
EPA has delegated authority to do so to that State.
24.
The US
EPAhas authorized the State of Illinois to issue NPDES permits through
the Illinois EPA in compliance with federal regulations, including storm water discharges
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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.
25.
40 C.F.R § 122.26(a) provides, in pertinent part, as follows:
(a)
Permit requirement.
(1)
Prior
to October 1, 1994, discharges composed entirely of
storm water shall not be required to obtain a NPDES permit
except:
***
(ii)
A discharge associated with industrial activity.
26.
40 C.F.R. § 122.26(b)(14) provides, in pertinent part, as follows:
Storm water discharge associated with industrial activity means the
discharge from any conveyance that is used for collecting and conveying
storm water and that is directly related to manufacturing, processing or
raw materials storage areas at an industrial plant. .
.. The following
categories
of facilities are considered to be engaging in 'industrial activity'
for purposes
of paragraph (b)(14):
*
*
*
(x)
Construction activity including clearing, grading and excavating,
except operations that result in disturbance
of less than five acres
of total land area.
Construction activity also includes the
disturbance
ofless 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;
27.
From May 26,2006
to August 3, 2007, the Site was covered by NPDES general
permit numbered ILR10F470 authorizing storm water discharges from the Site.
28.
Part VI.A ofNPDES Permit No. ILR10F470, provides, in relevant part,
as
follows:
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Electronic Filing - Received, Clerk's Office, June 16, 2008
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Part VI.
Standard Permit Conditions
A.
Duty to Comply
The permittee must comply with all conditions
of this permit. Any
permit noncompliance constitutes a violation
of Illinois
Environmental Protection Act and the CWA and is grounds for
enforcement action
...
29.
Part III.D.4 ofNPDES Permit No. ILRlOF470, provides, in relevant part, as
follows:
Part III. Special Conditions, Management Practices, and Other Non-Numeric
Limitations
*
D.
Contents of Plan
*
4.
Inspections
*
*
*
*
Qualified personnel (provided by the permittee)
~hall
inspect disturbed areas of the construction site that have not
been finally stabilized, structural control measures, and
locations where vehicles enter or exit the site at least once
every seven calendar days and within 24 hours
ofthe end
of a storm that is 0.5 inches or greater or equivalent
snowfall.
'
30.
Part III.D.4(c)
ofNPDES Permit No. ILR10F470, provides as follows:
4 (c). A report summarizing the scope
ofthe inspection, name(s) and
qualifications
of personnel making the inspection, the date(s) of the inspection,
major observations relating to the implementation
of the storm water pollution
prevention plan, and actions taken in accordance with paragraph b above shall be
made and retained
as part of the storm water pollution prevention plan for at least
three years from the date that the permit coverage expires or is
terminated;.
31.
On July 2, 2007, the Illinois EPA received from Respondents Farmers and PG
Architecture a Notice of Termination of coverage under NPDES No. ILRI OF470. The Notice of
Termination stated that construction activities on the Site had been completed.
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32.
On August 3, 2007, the Illinois EPA terminated NPDES Permit No. ILRI0F470.
33.
.The inspection requirement as described
by Part III.DA of the NPDES Permit
began on May
26,2006 and ended on August 3, 2007.
34.
Up to and including the time
of the March 2'1,2007 inspection of the Site by the
Illinois EPA, Respondents were required to have, at a minimum, 42 inspection reports pursuant
to Part III.DA
ofthe NPDES Permit as of March 21,2007. During the March 21,2007
inspection
ofthe site, neither Farmers nor PG Architecture made the reports available to the
Illinois EPA inspector.
35.
Part IV (B)(1) ofNPDES Permit No. ILRI0F470 provides, in relevant part,
as
follows:
IV.
Storm Water Pollution Prevention Plans
*
*
*
(B) Signature, Plan Review and Notification
(1) The plan shall be signed in accordance with Part VI.G
(Signatory Requirements), and be retained on-site at the facility
which generates the storm water discharge in accordance with Part
VI.E (Duty to Provide Information)
of this permit.
36.
Part VI.E ofNPDES Permit No. ILRI0F470 provides, in part, as follows:
(E) Duty to Provide Information.
[
...]Upon request, the permittee shall also furnish to the Agency or
local agency approving sediment and erosion plans, grading plans,
or storm water management plans...
37.
On March 21, 2007, the Illinois EPA inspected the Site.
38.
At this time, the Illinois EPA inspector requested a copy
of the complete Storm
Water Pollution Prevention Plan ("SWPPP"). Neither Farmers nor PG Architecture made the
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SWPPP available to the Illinois EPA inspector at the time ofthe inspection. As required under
Part IV.B.1 and VI.E
of the NPDES Permit, Respondents were required to retain the SWPPP on
Site and make it available to the Illinois EPA upon request.
39.
By failing to make available inspection reports and a complete copy of the
SWPPP on Site, Respondents Farmers and PG Architecture violated Parts III(D)(4) and 4(c),
/
IV(B)(1) and VI(E) ofNPDES general permit No. ILR10F470.
40.
By violating the terms and conditions of the NPDES general permit covering the
Site, Respondents Farmers and PG Architecture violated Section 309. 102(a)
of35 Ill. Adm.
Code, and thereby also violated Section 12(f)
of the Act, 415 ILCS 5/12(f) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
- requests that the Board enter an order against Respondents, FARMERS & TRADERS
BANCSHARES. and PEDRIANA GUSTAFSON, INC. d/b/a P G ARCHITECTURE, for the
following relief:
1.
Authorizing a hearing in this matter at which time Respondents will be required to
answer the allegations herein;
2.
Finding that Respondents have violated Section 12(f) of the Act, and Section
309.102(a)
of35 Ill. Adm. Code;
3.
Ordering Respondents to cease and desist from any further violations of Section
12(f)
of the Act, and Section 309.102(a) of35 Ill. Adm. Code;
4.
Assessing against Respondents a civil penalty ofTen Thousand Dollars
($10,000.00) for each day
of violation of Section 12(f) of the Act and Section 309.102(a) of35
Ill. Adm. Code;
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5.
Ordering Respondents to pay all costs, pursuant to Section 42(f) of the Act,
including attorney, expert witness, and consultant fees expended
by the State in pursuit of this
action; 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
MATTHEW
J. DUNN, Chief
Environmental Enforcem t/Asbestos Litigation Division
BY:
OF COUNSEL
VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-0608
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CERTIFICATE OF SERVICE
I, VANESSA M. CORDONNIER, an Assistant Attorney General, do certify that I
caused to be mailed this _
day
of June, 2008, the foregoing Complaint and Notice of
Filing upon the person listed on said notice, by certified mail.
f~CLv1A14~
VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
69 West Washington,
18
th
Floor
Chicago, IL 60602
312-814-0608
Electronic Filing - Received, Clerk's Office, June 16, 2008
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