Very tru
risten Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Lisa Madigan
A ['FORNEY GENERA!,
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
September 11, 2008
RECEIVED
CLERK'S OFFICE
S
EP 1 5 2008
_STATE OF ILLINOIS
Pollution Control Board
John Therriault, Assistant Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
Chicago, Illinois 60601
Re:?
People v, Barger Engineering, Inc,
PCB 06-82
Dear Mr. Therriault:
Enclosed forfiling please find the original and ten copies of a Notice of Filing, Complainant's
Motion to File Third Amended Complaint and Third Amended Complaint in regard to the above-
captioned matter. Please file the originals and return file-stamped copies to me in the enclosed,
self-addressed envelope.
Thank you for your cooperation and consideration.
KLG
Enclosure
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TIN: (877) 844-5461 • Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (800) 964-3013 • Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (877) 675-9339 • Fax: (618) 529-6416
CERTIFICATE OF SERVICE
I hereby certify that I did on September 11, 2008, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING, COMPLAINANT'S MOTION TO FILE
THIRD AMENDED COMPLAINT and THIRD AMENDED COMPLAINT
To:?
Ms. Claire A. Manning
Brown Hay & Stephens, LLP
205 S. Fifth Street, Suite 700
Springfield, IL 62701
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
?
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
isten Laughridge Gale
Assistant Attorney General
This filing is submitted on recycled paper.
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
?
sion
BY:,,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
VS.
BARGER ENGINEERING, INC., an
Indiana corporation,
PCB No. 06-82
(Enforcement)
R
cc.esiven
FFicE—
SEP
1
5
2908
Pollution
S
TATE OP
Control
IL
LINOIS
Board
Respondent.
NOTICE OF FILING
To:?
Ms. Claire A. Manning
Brown Hay & Stephens, LLP
205 S. Fifth Street, Suite 700
Springfield, IL 62701
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, COMPLAINANT'S MOTION TO FILE THIRD AMENDED
COMPLAINT and THIRD AMENDED COMPLAINT, copies of which are attached hereto and
herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: September 11, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BARGER ENGINEERING, INC., an
Indiana corporation,
SEP
P
?
°P.
TuAt
15
PCB No. 06-82
(Enforcement)
tee ficeK0:001;
/P
s
5 2006
Respondent.
COMPLAINANT'S MOTION TO FILE THIRD AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, respectfully moves, pursuant to Section 101.500 of the Board's
Procedural Rules, 35 III. Adm. Code 101.500 and Section 2-616 of the Code of Civil Procedure,
735 ILCS 5/2-616 for leave to file the attached Amended Complaint in order to add Count V to
the action.
Complainant filed a Complaint on December 1, 2005. On December 30, 2005,
Respondent filed a Motion to Dismiss for Illinois EPA's failure to follow the notice procedure set
forth in Section 31. On February 3, 2006, Complainant filed a response to the Motion to
Dismiss. On March 16, 2006, this Board denied the Respondent's Motion to Dismiss on the
grounds that the Attorney General may bring an enforcement action on her own motion
regardless of the Agency's actions. On April 14, 2006, Respondent answered the complaint.
On June 29, 2006, Complainant filed a motion to amend the complaint because a pipeline
owned by Respondent breached and released approximately 220 barrels of salt water. On
October 16, 2007, Complainant filed a second motion to amend the complaint because of
another release by a pipeline owned by Respondent. On November 15, 2007, the Board
1
granted the request to file both amended complaints. On January 14, 2008, Respondent
answered the amended complaint.
On August 12, 2008, an above ground injection line at the Phillipstown Unit Water Flood
Plant failed and released approximately 50 barrels. The Phillipstown Unit Water Flood Plant is
the same location that was involved in the first of the four previously pled releases. The alleged
violations are similar to the previously plead violations from the September 2005, May 2006,
April 2007 and August 2007 releases. The August 12, 2008 release is plead within Count V.
In the interests of administrative efficiency, the inclusion of these additional violations
within the pending enforcement proceeding is necessary. The claims are brought upon the
Attorney General's own motion pursuant to Section 31(d) of the Act, 415 ILCS 5/31(d) (2004).
Pursuant to Section 103.204(f) of the Board's Procedural Rules, the Respondent is
hereby notified: 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.
2
WHEREFORE, Complainant respectfully asks that this Motion to File a Third Amended
Complaint be granted, and that the Third Amended Complaint be allowed in this pending
matter.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW DUNN, Chief
Environme
?
Enfo cemant Division
BY:
KRI EN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
217/782-9031
Dated: September 11, 2008
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
BARGER ENGINEERING, INC., an
Indiana corporation,
RECEIVED
CLERKS OFFICE
SEP 1 5 2008
No. 06-82?
_STATE OF ILLINOIS
(Enforcemenllution Control Board
Respondent.
THIRD AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of the Respondent, BARGER ENGINEERING, INC.,
as follows:
COUNT
I
WATER POLLUTION VIOLATIONS FOR THE SEPTEMBER 23. 2005 RELEASE
1.
This action is brought against the Respondent in the name 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 Illinois Environmental Protection Act ("the Act"), 415 ILCS 5/1
et seq.
(2004).
2.
The Illinois EPA is an agency of the State of Illinois created under Section 4 of
the Act, 415 ILCS 5/1
et seq.
(2004), and is charged,
inter alia,
with the duty of enforcing the
Act.
1
3.
The Complaint is brought by the Attorney of the State of Illinois pursuant to
Section 31(d) of the Act, 415 ILCS 5/31(d) (2004).
4.
The Respondent, Barger Engineering, Inc., is and was at all times relevant to
this Complaint an Indiana corporation, currently registered and in good standing with the Illinois
Secretary of State's Office.
5.
The Respondent is and was at all times relevant to this Complaint the owner of
the Phillipstown Unit Water Flood Plant located approximately five miles south of Crossville,
White County, Illinois ("facility").
6.
On September 23, 2005, a PVC transfer line located at the facility had ruptured
and released approximately 1,000 - 1,500 barrels of salt water and 10 to 20 barrels of crude oil.
7.
On September 23, 2005, the salt water traveled approximately 11/2 miles
downstream from the facility into a drainageway and unnamed stream, which drains into the
Wabash River. Crude oil and crude oil staining was approximately 1 mile downstream from the
facility.
8.
The first 'A mile of the discharge consisted of a milky white suspension and black
precipitate, as well as heavy areas of crude oil. Crude oil also covered the vegetation within the
drainage way.
9.
The chloride concentration of the water in the drainageway was at least 6,722
mg/L approximately 1 1/2 miles downstream of the facility.
10.
Over 50 small fish, including small minnows and catfish, died approximately 1
1/4 miles downstream from the facility.
11.
On September 26, 2005, over 100 more small fish, including minnows and
catfish, had been killed about 1 1/4 to 1 1/2 miles downstream from the facility.
2
12.?
The unnamed stream and Wabash River are a "waters" of the State as that term
is defined under Section 3.550 of the Act, 415 ILCS 5/3.550 (2004), as follows:
"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.
13.
Section 3.545 of the Act, 415 ILCS 5/3.545 (2004), defines "water pollution" 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 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.
14.
Section 12 of the Act, 415 ILCS 5/12 (2004), 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.
* * *
f)
?
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein,...without an NPDES permit for
point source discharges issued by the Agency under Section 39(b) of,this
Act...
15.
Section 302.203 of the Board's Water Quality Standards Regulations, 35 III.
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....
16.
Section 302.208(g) of the Board's Water Quality Standards Regulations, 35 III.
Adm. Code 302.208(g), provides, in pertinent part, as follows:
3
g) Concentrations of the following chemical constituents shall not be
exceeded except in waters for which mixing is allowed pursuant to
Section 302.102
Constituent
Unit
STORET Number
Standard
Chloride (total)
mg/L
00940
500
17.
By causing or allowing the discharge of approximately 1,000 to 1,500 barrels of
salt water and 10 to 20 barrels of crude oil, Respondent created offensive conditions of sludge
and floating debris in violation of Section 302.203 of the Board's Water Quality Standards
Regulations, 35 III. Adm. Code 302.203.
18.
By causing or allowing the discharge of approximately 1,000 to 1,500 barrels of
salt water, Respondent caused the concentration of chlorides to exceed the regulated standard
of 500 mg/L, in violation of Section 302.208(g) of the Board's Water Quality Standards
Regulations, 35 III. Adm. Code 302.208(g).
19.
By causing or allowing the discharge of 1,000 to 1,500 barrels of salt water and
10 to 20 barrels of crude oil into the waters of the State without an NPDES permit, Respondent
violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004).
20.
By causing or allowing the discharge of 1,000 to 1,500 barrels of salt water and
10 to 20 barrels of crude oil into waters of the State, Respondent has caused or tended to
cause water pollution.
21.
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
4
A.
Find that Respondent, Barger Engineering, Inc., has violated Section 12(a) and
12(f) of the Act, 415 ILCS 5/12(a), (f) (2004) and Sections 302.203 and 302.208(g) of the
Board's Water Quality Standards Regulations, 35 III. Adm. Code 302.203, 302.208(g);
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E.
Grant such other and further relief as this Board deems appropriate.
COUNT
II
WATER POLLUTION VIOLATIONS FOR THE MAY 18, 2006 RELEASE
1-10. Complainant realleges and incorporates herein by reference paragraphs 1
through 5 and 12 through 16 of Count I as paragraphs 1 through 10 of this Count II.
11.
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides:
No person shall:
d)?
Deposit any contaminants upon the land in such place and manner so as
to create a water pollution hazard.
12.
On May 18, 2006, a fiberglass pipeline from the Phillipstown Unit Water Flood
Plant ("facility") to the injection wells breached and released approximately 200 barrels of salt
water.
5
13.
The release occurred from the same facility as the release on September 23,
2005.
14.
On May 19, 2006, the salt water had traveled approximately 1% miles
downstream from the pipeline into the same drainageway and unnamed stream that drains into
the Wabash River as the September 23, 2005 release.
15.
On May 19, 2006, a milky white suspension and black precipitate were in the
drainage way within 500 feet of the breached pipe.
15.?
On May 19, 2006, a milky white suspension and black precipitate were in the
drainage way within 500 feet of the breached pipe.
16.
On May 19, 2006, the chloride concentration of the water approximately 500 feet
downstream of the breached pipeline was approximately 1,199 ppm.
17.
On May 25, 2006, the chloride concentration of the water was approximately
619-640 ppm downstream of the breached pipeline and upstream of a berm installed by the
Respondent.
18.
By causing or allowing the discharge of approximately 200 barrels of salt water,
Respondent created offensive conditions of sludge and floating debris in violation of Section
302.203 of the Board's Water Quality Standards Regulations, 35 III. Adm. Code 302.203.
19.
By causing or allowing the discharge of approximately 200 barrels of salt water,
Respondent caused the concentration of chlorides to exceed the regulated standard of 500
mg/L, in violation of Section 302.208(g) of the Board's Water Quality Standards Regulations, 35
III. Adm. Code 302.208(g).
20.
By causing or allowing the deposit of 200 barrels of salt water upon the land in
close proximity to waters of the State, Respondent created a water pollution hazard in violation
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
6
21.
By causing or allowing the discharge of 200 barrels of salt water into the waters
of the State without an NPDES permit, Respondent violated Section 12(f) of the Act, 415 ILCS
5/12(f) (2004).
22.
By causing or allowing the discharge of 200 barrels of salt water into waters of
the State, Respondent has caused or tended to cause water pollution.
23.
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
A.
Find that Respondent, Barger Engineering, Inc., has violated Section 12(a),
12(d) and 12(f) of the Act, 415 ILCS 5/12(a), (d), and (f) (2004) and Sections 302.203 and
302.208(g) of the Board's Water Quality Standards Regulations, 35 III. Adm. Code 302.203,
302.208(g);
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E.
Grant such other and further relief as this Board deems appropriate.
7
COUNT III
WATER POLLUTION VIOLATIONS FOR THE APRIL 20, 2007 RELEASE
1-11. Complainant realleges and incorporates herein by reference paragraphs 1
through 5 and 12 through 16 of Count I as paragraphs 1 through 10 of this Count III and
paragraph 11 of Count II as paragraph 11 of this Count III.
12.
On April 20, 2007, a steel section of a flowline pipe for two wells located at the
CT Spencer lease, 1814 County Road 1750, Crossville, White County, Illinois failed releasing
approximately 10 barrels of crude oil and 200 barrels of salt water.
13.
On April 20, 2007, the salt water traveled approximately 800 feet through drain
tiles and a water filled ditch into an unnamed creek.
14
?
The unnamed creek is a water of the State as that term is defined in Section
3.550 of the Act, 415 ILCS 3.550 (2006).
15.
On April 20, 2007, the chloride concentration of the water approximately 700 feet
downstream of the where the salt water entered the stream was approximately 800-900 ppm.
16.
By causing or allowing the discharge of approximately 200 barrels of salt water,
Respondent caused the concentration of chlorides to exceed the regulated standard of 500
mg/L, in violation of Section 302.208(g) of the Board's Water Quality Standards Regulations, 35
III. Adm. Code 302.208(g).
17.
By causing or allowing the deposit of 200 barrels of salt water upon the land in
close proximity to waters of the State, Respondent created a water pollution hazard in violation
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
18.
By causing or allowing the discharge of 200 barrels of salt water into waters of
the State, Respondent has caused or tended to cause water pollution.
8
19.
?
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
A.
Find that Respondent, Barger Engineering, Inc., has violated Section 12(a), and
12(d) of the Act, 415 ILCS 5/12(a), (d), (2004) and Section 302.208(g) of the Board's Water
Quality Standards Regulations, 35 III. Adm. Code 302.208(g);
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E.
Grant such other and further relief as this Board deems appropriate.
COUNT IV
WATER POLLUTION VIOLATIONS FOR THE AUGUST 2, 2007 RELEASE
1-11. Complainant realleges and incorporates herein by reference paragraphs 1
through 5 and 12 through 16 of Count I as paragraphs 1 through 10 of this Count IV and
paragraph 11 of Count II as paragraph 11 of this Count IV.
9
12.
On August 2, 2007, a compression coupler located on a flowline at the Everett
Spencer #9 Production Well, 1814 County Road 1720, Crossville, White County, Illinois split
releasing approximately 3 barrels of crude oil and 30 barrels of salt water.
13.
On August 2, 2007, the salt water crossed the lease road and flowed into an
unnamed creek.
14?
The unnamed creek is a water of the State as that term is defined in Section
3.550 of the Act, 415 ILCS 3.550 (2006).
15.
On August 2, 2007, the chloride concentration of the water approximately 150
feet downstream was approximately 598 ppm. The chloride concentration of the water
approximately 700 feet downstream was approximately 1503 ppm.
16.
By causing or allowing the discharge of approximately 30 barrels of salt water,
Respondent caused the concentration of chlorides to exceed the regulated standard of 500
mg/L, in violation of Section 302.208(g) of the Board's Water Quality Standards Regulations, 35
III. Adm. Code 302.208(g).
17.
By causing or allowing the deposit of 200 barrels of salt water upon the land in
close proximity to waters of the State, Respondent created a water pollution hazard in violation
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
18.
By causing or allowing the discharge of 200 barrels of salt water into waters of
the State, Respondent has caused or tended to cause water pollution.
19.
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
10
A.
Find that Respondent, Barger Engineering, Inc., has violated Section 12(a), and
12(d) of the Act, 415 ILCS 5/12(a), (d), (2004) and Section 302.208(g) of the Board's Water
Quality Standards Regulations, 35 III. Adm. Code 302.208(g);
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E.
Grant such other and further relief as this Board deems appropriate.
COUNT V
WATER POLLUTION VIOLATIONS FOR THE AUGUST 12 2008 RELEASE
1-11. Complainant realleges and incorporates herein by reference paragraphs 1
through 5 and 12 through 16 of Count I as paragraphs 1 through 10 of this Count V and
paragraph 11 of Count II as paragraph 11 of this Count V.
12.
On August 12, 2008, an above ground injection line at the Phillipstown Unit
Water Flood Plant failed.
13.
The line failure on August 12, 2008 caused a release of approximately 50 barrels
of salt water.
14.
On August 12, 2008, the salt water flowed into an unnamed creek.
11
15.
The unnamed creek is a water of the State as that term is defined in Section
3.550 of the Act, 415 ILCS 3.550 (2006).
16.
On August 12, 2008, the chloride concentration of the water in the creek was
approximately 700 to 2,000 ppm.
17.
On August 13, 2008, the chloride concentration of the water in the creek was
approximately 598 ppm.
18.
By causing or allowing the discharge of approximately 50 barrels of salt water,
Respondent caused the concentration of chlorides to exceed the regulated standard of 500
mg/L, in violation of Section 302.208(g) of the Board's Water Quality Standards Regulations, 35
III. Adm. Code 302.208(g).
19.
By causing or allowing the deposit of 50 barrels of salt water upon the land in
close proximity to waters of the State, Respondent created a water pollution hazard in violation
of Section 12(d) of the Act, 415 ILCS 5/12(d) (2004).
20.
By causing or allowing the discharge of 50 barrels of salt water into waters of the
State, Respondent has caused or tended to cause water pollution.
21.
By so causing or tending to cause water pollution, Respondent has violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
A.?
Find that Respondent, Barger Engineering, Inc., has violated Section 12(a), and
12(d) of the Act, 415 ILCS 5/12(a), (d), (2004) and Section 302.208(g) of the Board's Water
Quality Standards Regulations, 35 III. Adm. Code 302.208(g);
12
B.
Order Respondent from to cease and desist from further violations of the Act and
associated regulations;
C.
Assess against Respondent a monetary penalty of up to fifty thousand dollars
($50,000) for each violation and up to an additional ten thousand dollars ($10,000) for each day
that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and expert witness
costs; and
E.
Grant such other and further relief as this Board deems appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
?
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031 1
Dated: q /ft 2.-
13
