BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PRAEDIUM DEVELOPMENT
CORPORATION, an Illinois corporation,
and PLAZA EXCAVATING, INC., an
Illinois corporation,
Respondents.
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PCB No.
(Enforcement -Water)
TO:
See attached service list
NOTICE OF FILING
(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.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney e ral
By:...4J.~~u....~~~
__
RICHARD A
Y
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-3776
Electronic Filing - Received, Clerk's Office, July 8, 2008
* * * * * PCB 2009-003 * * * * *
James D. Brusslan
Levenfeld Pearlstein, LLC
2 North LaSalle Street, Suite 1300
Chicago,
IL
60602
SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PRAEDIUM DEVELOPMENT
CORPORATION, an Illinois corporation,
and PLAZA EXCAVATING, INC., an
Illinois corporation,
Respondents.
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peBNo.
(Enforcement -Water)
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 the Respondents, PRAEDIUM
DEVELOPMENT CORPORATION, an Illinois corporation, and PLAZA
EXCAVATING, INC., an Illinois corporation, 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 (the "Illinois
EPA"), pursuant to Section
31 of the Illinois Environmental Protection Act (the "Act"),
415 ILCS 5/31 (2006).
2.
The Illinois EPA is an administrative agency ofthe State of Illinois,
created pursuant to Section 4
of the Act, 415 ILCS 5/4 (2006), and charged,
inter alia,
with the duty of enforcing the Act. The Illinois EPA is further charged with the duty to
1
abate violations of the National Pollutant Discharge Elimination System ("NPDES")
permit program under the federal Clean Water Act
("CWA"), 33 U.S.C. § 1342(b)(7).
3.
At all times relevant to this Complaint, Respondent Praedium
Development Corporation
("Praedium~')
was and is an Illinois corporation in good
standing with the State
of Illinois.
4.
At all times relevant to this Complaint, Respondent Plaza Excavating, Inc.
("Plaza Excavating") was and is an Illinois corporation in good standing with the State
of
Illinois.
5.
At all times relevant to this Complaint, Praedium owned and developed
the "Town Center Promenade," an area
of land approximately ten acres located at the
northwest comer
of the intersection of Long Grove Road and Route 12 ("Rand Road") in
Deer Park, Lake County, Illinois (the "Site").
6.
Praedium hired Plaza Excavating as its construction contractor. Plaza
Excavating was under contract with Praedium
to install a sanitary sewer (the "Sanitary
Sewer"), a water main, and to prepare a stormwater pollution prevention plan ("SWPPP")
at the Site.
7.
The Site is bordered along the east by wetlands (the "Wetlands") that are
part
of the Buffalo Creek watershed. The Site is also bordered along the north by an
unnamed tributary to Buffalo Creek (the "Tributary") that flows east near the Wetlands.
8.
Stormwater runoff from the Site flows into the Tributary.
9.
Stormwater runoff from the Site also flows into the Wetlands, which drain
in.to the Tributary.
2
10.
On October 26, 2006, the Illinois EPA sent violation notices to the
Respondents alleging the violations of the Act described herein, pursuant to Section 31 of
the Act, 415 ILCS 5/31 (2006). The Illinois EPA met with representatives of the
Respondents on December 19,2006. On February 8, 2007, the Illinois
EPA sent notices
to the Respondents rejecting their proposed compliance commitment agreements. On
August 17, 2007, the Illinois EPA sent notices
of intent to pursue legal action ("NIPLA")
to the Respondents. On September 13, 2007, a meeting was held with Praedium pursuant
to the NIPLA letter.
11.
The Site contains one (1) stormwater basin that is located in the southeast
portion
of the Site (the "Basin"). The Basin was unstabilized, and surrounded by exposed
soil (i.e. soil not protected
by vegetation or other stabilizing devices).
12.
On July 20,2006, and on other dates better known to the Respondents,
sediment-laden water discharged from the Basin. This stormwater discharge was a light
chocolate brown color. The sediment-laden stormwater flowed from the Basin to a
culvert ("Culvert 1") that ran under Rand Road and into the Wetlands. The sediment-
laden stormwater flowed into the Wetlands, and from the Wetlands into the Tributary.
On July 20, 2006, and on other dates better known to the Respondents, the sediment-
laden discharge from the Basin caused unnatural turbidity and color in the Wetlands.
13.
On August 24, 2006, and on other dates better known to the Respondents,
the Basin discharged stormwater into a second underground culvert that had been
installed on the Site ("Culvert 2"). Culvert 2 ran from the Basin under Rand Road and
into the Wetlands. The water leaving the Basin through Culvert 2 was tan in color.
3
14.
On September 11, 2006, and on other dates better known to the
Respondents, a bentonite slurry was left on the ground near the Basin, and was being
carried
by stormwater into the Basin.
15.
On September 11, 2006, and on other dates better known to the
Respondents, sediment and solids from the bentonite slurry discharged from the Basin
into the Wetlands.
16.
At all times relevant to this complaint, an unstabilized 300-foot trench was
located on the Site near the northern perimeter next
to Rand Road ("Culvert 3"). Culvert
3 was unstabilized and surrounded
by exposed soil, and did hot discharge into a detention
basin. On July 20, 2006, and on other dates better known to the Respondents, sediment-
laden stormwater flowed sixty-feet (60) through Culvert 3 before entering a manhole,
which conveyed the stormwater directly to the Tributary. The stormwater flowing
through Culvert 3 and into the Tributary was tan in color.
17.
On August 24,2006, and on other dates better known to the Respondents,
stormwater discharging through Culvert 3 and into the Tributary was dark brown in color.
18.
On July 20, 2006, August 24, 2006, and on other dates better known to the
Respondents, the sediment-laden stormwater discharge from Culvert 3 caused unnatural
color and turbidity
of the Tributary.
19.
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 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.
4
20.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides as follows:
"Person" is any individual, partnership, co-partnership, firm, company,
limited liability company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency, or any other legal entity, or
their legal representative, agent or assigns.
21.
Respondent, Praedium, a corporation, is a "person"
as that term is defined
in Section 3.315
of the Act, 415 ILCS 5/3.315 (2006).
22.
Respondent, Plaza Excavating, a corporation, is a "person" as that term is
defined in Section 3.315
of the Act, 415 ILCS 5/3.315 (2006).
23.
Section 3.165
of the Act, 415 ILCS 5/3.165 (2006), provides as follows:
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or any
form
of energy, from whatever source.
24.
SlU;rry, soil, sediment, and stormwater runoff are "contaminants" as that
term is defined in Section 3.165
of the Act, 415 ILCS 5/3.165 (2006).
25.
Section 3.550
of the Act, 415 ILCS 5/3.550 (2006), provides as follows:
"Waters" means all accumulations
of water, surface and
undergroun~,
natural and artificial, public and private, or parts thereof, which are wholly
or partially within,
f10~
through, or border upon this State.
26.
The Tributary and the Wetlands are "waters"
of the State of Illinois as
defined in Section 3.550
of the Act, 415 ILCS 5/3.550 (2006).
27.
Section 3.545
of the Act, 415 ILCS 5/3.545 (2006), provides 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 ofthe 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.
5
28.
By failing to install adequate stormwater runoff control measures at the
Site, the Respondents caused and/or allowed sediment-laden stormwater
runoff from their
activities at the Site to flow into the Tributary and the Wetlands. Such sediment-laden
stormwater altered, or would tend to alter the physical or biological properties
of the
Tributary and the Wetlands in such a manner that the alteration would, or likely would,
create a nuisance; or in such a manner that the alteration would, or likely would, render
the Tributary and the Wetlands harmful, detrimental or injurious to public welfare; or to
domestic, recreational, or other legitimate uses; or to wild animals, birds, fish, and other
aquatic life. The Respondents therefore caused or allowed the discharge
of contaminants
so as to cause or tend to cause water pollution, in violation
of Section 12(a) of the Act,
415 ILCS 5/I2(a) (2006).
WHEREFORE,
the Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the Respondents, Praedium and
Plaza Excavating, on this Count
I:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer to the allegations herein;
2.
Finding that the Respondents have violated Section I2(a) of the Act, 415
ILCS 5/12(a) (2006);
3.
Ordering the Respondents to cease and desist from any further violations
of Section I2(a) of the Act, 415 ILCS 5/12(a) (2006);
4.
Assessing against each of the Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation
of the Act, with an additional penalty
6
ofTen Thousand Dollars ($10,000.00) against each of the Respondents for each day of
violation;
5.
Ordering the Respondents pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2006), to pay all costs expended by the State in its pursuit of this action,
including attorney, expert witness, and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT II
OFFENSIVE CONDITIONS
1.-26. The Complainant realleges and incorporates by reference herein
paragraphs 1 through 26
of Count I as paragraphs 1 through 26 of this Count II.
27.
The Respondents' discharges at the
Si~e
are subject to the Act and the
rules and regulations promulgated
by the Illinois Pollution Control Board (the "Board")
pursuant to the Act. The Board'sregulations for water pollution are found in Title 35,
Subtitle C, Chapter I
of the Illinois Administrative Code ("Board Water: Pollution
Regulations").
28.
Part 302, Subpart B,
of the Board Water Pollution Regulations, 35 Ill.
Adm. Code Part 302, Subpart B, establishes general use water quality standards for non-
specified waters
of the State of Illinois.
29.
Section 302.203
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 302.203, provides, in pertinent part, as follows:
Offensive Conditions
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
....
7
30.
By causing, threatening, or allowing the discharge of stonnwater runoff
into the Tributary and the Wetlands that caused an unnatural color and turbidity in the
Tributary and the Wetlands, the Respondents caused a violation
of Section 302.203 of the
Board Water Pollution Regulations, 35 Ill. Adm. Code 302.203, and thereby 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 in favor
of the Complainant and
against the Respondents, Praedium and Plaza Excavating, on this Count
II:
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 302.203 the Board Water Pollution Regulations,
35 Ill.
Adm. Code 302.203;
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 302.203 of the Board
Water Pollution Regulations,
35 Ill. Adm. Code 302.203;
4.
Assessing against each of the Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation
of the Act and the Board Water
Pollution Regulations, with an additional penalty ofTen Thousand Dollars ($10,000.00)
against each
of the Respondents for each day of violation;
5.
Ordering the Respondents pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2006), to
pay all costs expended by the State in its pursuit ofthis action,
including attorney, expert witness, and consultant fees; and
8
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
WATER POLLUTION HAZARD
1.-27. The Complainant realleges and incorporates by reference herein
paragraphs 1 through 27
of Count I as paragraphs 1 through 27 of this Count III.
28.
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.
29.
By grading the soil at the Site without providing adequate stonn water
pollution controls, as described above, the Respondents deposited contaminants at the
Site that were likely
to be carried by stonnwciter runoff into the Tributary and the
Wetlands, thereby creating a water pollution hazard in violation
of Section l2(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 the Respondents, Praedium and
Plaza Excavating, on this Count III:
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);
9
4.
Assessing against each of the 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) against each of the Respondents for each day of
violation;
5.
Ordering the Respondents pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2006), to pay all costs expended
by the State in its pursuit of this action,
including attorney, expert witness, and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
NPDES PERMIT VIOLATIONS AS TO RESPONDENT PRAEDIUM
1.-26. Complainant realleges and incorporates by reference herein paragraphs 1
through 26
of Count I as paragraphs 1 through 26 of this Count IV.
27.
Section 12(f)
of the Act, 415 ILCS 5/12(f) (2006), provides in pertinent
part, 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
....
28.
Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 309.102(a), provides as follows:
10
NPDES Pennit Required
a)
Except as in compliance with the provision of the Act, Board
regulations, and the CWA, and the provisions and conditions
of the
NPDES pennit 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.
29.
The United States Environmental Protection Agency has delegated the
authority to administer the NPDES program to the State
of Illinois. The State of Illinois
issues NPDES pennits through the Illinois EPA. The State
of Illinois' authority to issue
NPDES pennits includes issuing pennits for the discharge
of stonnwater. Stonnwater
discharges are regulated
by 40 CFR § 122.26, which requires a person to obtain a NPDES
pennit and to implement a stonnwater pollution prevention plan ("SWPPP") before
discharging stonnwater in the course
of engaging in certain construction activities.
30.
In pertinent part, 40 CFR § 122.26(a) provides as follows:
(a)
Pennit Requirement.
(1) Prior to October
1, 1994, discharges composed
entirely
of stonnwater shall not be required to obtain
a NPDES pennit except:
*
*
*
*
(ii)
A discharge ass'ociated with industrial
activity
....
31.
In pertinent part, 40 CFR § 122.26(b) provides as follows:
(b) Definitions.
*
*
*
*
(14)
Stonnwater discharge associated with industrial activity
means the discharge from any conveyance that is used for
collecting and conveying stonnwater and that is directly related to
manufacturing, processing or raw materials storage areas at an
industrial plant. .
.. The following categories of facilities are
11
considered to be engaging in "industrial activity" for purposes of
paragraph (b)(14):
*
*
*
*
(x)
Construction activity including clearing, grading,
and excavation, except operations that result in the
disturbance
of less than five acres of total land area....
32.
Since the Respondent, Praedium, has engag<:;d in construction activity at
the Site in which grading has disturbed more than five acres
of total land area, the
Respondent's activities at the Site are an "industrial activity" within the definition
of 40
CFR § 122.26(b), and the stormwater discharges from the Site are "discharge[s]
associated with industrial activity" as that phrase is defined in 40 CFR § 122.26(a).
33.
In
Illinois, stormwater discharges from construction sites are governed by
a general permit that allows such discharges, provided that certain conditions are met.
.The Illinois EPA issued this general stormwater permit as the "General NPDES Permit
No. ILRIO" or "General NPDES Permit For Storm Water Discharges From Construction
Site Activities," on March 6, 2006 (the "General Stormwater Permit").
34.
On March 6, 2006, the Illinois EPA issued to Praedium a Notice of
Coverage, determining that Praedium's activities at the Site were covered by the General
Stormwater Permit. At all times relevant to this Complaint, the construction activities at
the Site were governed by the General Stormwater Permit.
35.
Part VI.A.
of the General Stofmwater Permit provides as follows:
The permittee must comply with all conditions
of this permit.
36.
Part IV.
of the General Stormwater Permit provides as follows:
A stormwater pollution prevention plan shall be developed for each
construction site covered by the
permit. . .. Facilities must implement the
12
provisions of the stormwater pollution prevention plan required under this
part
as a condition of this permit.
37.
Respondent Praedium's SWPPP requires that water from the Basin
discharge througha restrictor and box culvert. On August 24, 2006, September 11, 2006,
and on other dates better known
to the Respondent, water discharg-ed from the Basin
through Culvert 2, and did not discharge through a restrictor and box culvert.
38. By allowing stormwater from the Basin to discharge in a manner other than
as provided in the SWPPP, Respondent Praedium violated their SWPPP. By violating its
SWPPP, the Respondent violated Part IV.
of the General Stormwater Permit, thereby
violating Section 12(f)
of the Act, 415 ILCS
5/l2(f)
(2006), and Section 309.102(a) of
the Board Water Pollution Regulations, 35 Ill. Adm. Code 309.1 02(a).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against Respondent, Praedium, on this
Count
IV:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required
to answer the allegations herein;
2.
Finding that the Respondent has violated Part IV. of the General
Stormwater Permit, Section l2(f)
of the Act, 415 ILCS
5/l2(f)(2006),
and Section
309.102(a)
of the Board Water Pollution Regulations, 35 Ill. Adm. Code 309.102(a);
3.
Ordering the Respondent to cease and desist from any further violations of
Part IV. of the General Stormwater Permit, 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);
13
4.
Assessing against the Respondent pursuant to Section 42(b)(I) of the Act,
a civil penalty
ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering the Respondent pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2006), to pay all costs expended
by the State in its pursuit ofthis action,
including attorney, expert witness, and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT V
CONSTRUCTING WITHOUT A PERMIT
1.-26. Complainant realleges and incorporates by reference herein paragraphs 1
through 26
of Count I as paragraphs 1 through 26 of this Count V.
27.
After September 11,2006, and prior to October 13,2006, on a date or
dates better known
to the Respondents, the Respondents caused and/or allowed the
construction and/or installation
of the Sanitary Sewer at the Site.
28.
At no point during or prior
to the installation and/or construction of the
Sanitary Sewer did the Respondents possess a permit from the Illinois EPA allowing the
installation or construction
of the Sanitary Sewer.
29.
The Sanitary Sewer is equipment or a facility that is capable
of causing or
contributing to water pollution.
30.
Section 21(b)
of the Act, 415 ILCS 5/12(b) (2006), provides, in pertinent
part,
as follows:
No person shall:
(b)
Construct, install, or operate any equipment, facility, vessel, or
aircraft capable
of causing or contributing to water pollution, or
designed to prevent water pollution, or any type designated
by
Board regulations, without a permit granted by the Agency, or in
violation
of any conditions imposed by such permit.
14
*
*
*
*
31.
Section 309.202(a) of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 309.202(a), provides as follows:
Except for treatment works or wastewater sources which have or will have
discharges for which NPDES Permits are required, and for which NPDES
Permits have been issued
by the Agency:
a) No person shall cause or allow the construction of any new treatment
works, sewer or wastewater source or cause or allow the modification
of
any existing treatment works, sewer or wastewater source without a
construction permit issued
by the Agency, except as provided in paragraph
(b).
32.
Section 301.265
of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 301.265, provides as follows:
"Construction" means commencement
of on-site fabrication, erection, or
installation of a treatment works, sewer, or wastewater source; or the
reinstallation at a new site
of any existing treatment works, sewer, or
wastewater source.
33.
Section 301.390 of the Board Water Pollution Regulations, 35 Ill. Adm.
Code 301.390, provides as follows:
"Sewer" means a stationary means
of transport or stationary system of
transport, excluding natural waterways, constructed and operated for the
purpose
of collecting and transporting wastewater or land runoff, or both.
34.
The Respondents' installation
of the Sanitary Sewer constitutes
"construction" as the term is defined in Section 301.390 of the Board Water Pollution
Regulations, 35 Ill. Adm. Code 301.390.
35.
The Sanitary Sewer is a stationary system
of collecting and transporting
wastewater, and is therefore a "sewer" as that term is defined in Section 301.390
of the
Board Water Pollution Regulations,
35 Ill. Adm. Code 301.390.
15
36.
By constructing the Sanitary Sewer without a permit from the Illinois
EPA, the Respondents violated Section 12(b)
of the Act, 415 ILCS 5/12(b) (2006), and
Section 309.202(a) o{the Board Water Pollution Regulations, 35 Ill. Adm. Code
309.202(a).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the Respondents, Praedium and
Plaza Excavating,
on this Count V:
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(b) of the Act, 415
ILCS 5/12(b) (2006), and Section 309.202(a) of the Board Water Pollution Regulations,
35 Ill. Adm. Code 309.202(a);
3.
Ordering the Respondents to cease and desist from any further violations
of Section 12(b) of the Act, 415 ILCS 5/12(b) (2006), and Section 309.202(a) of the .
Board Water Pollution Regulations, 35 Ill. Adm. Code 309.202(a);
4.
Assessing against each of the Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and the Board Water
Pollution Regulations, with an additional penalty ofTen Thousand Dollars ($10,000.00)
against each of the Respondents for each day of violation;
5.
Ordering the Respondents pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f) (2006), to pay all costs expended by the State in its pursuit ofthis action,
including attorney, expert witness, and consultant fees; and
6.
Granting such other reliefas the Board deems appropriate and just.
16
Of Counsel:
RICHARD
A.
PERRY
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, IL 60602
Tel: (312) 814-2069
Fax: (312) 814-2347
Email: rperry@atg.state.il.us
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General
of the State of Illinois,
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:~~~~(~
RoseMarie Cazeau, Chief
Environmental Bureau
Assistant Attorney General
17
CERTIFICATE OF SERVICE
I, RICHARD A. PERRY, an Assistant Attorney General, do certify that I caused
to be mailed this 8th day of July, 2008, the foregoing Complaint and Notice of Filing
upon the persons listed on said notice, by certified mail.
RI
ARDA. PE
Assistant Attorney General
Enviommental Bureau
69 West Washington,
18
th
Floor
. Chicago, IL 60602
312-814-2069
