Lisa Madigan
ATTORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
CLERK’S
OFFICE
SEP
302008
PoIIu&,,
STATE
OF
Control
ILLINOIS
Board
John T.
Therriault, Assistant Clerk
Illinois Pollution Control
Board
James
R. Thompson
Center, Ste. 11-500.
100
West Randolph
Chicago,
Illinois 60601
September 26, 2008
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry
of
Appearance
and 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.
SJ/pk
Enclosures
Very truly
yours,
Step
Janasie
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217)
782-9031
500 South Second
Street, Springfield,
Illinois 62706
(217) 782-1090 • TTY:
(877)
844-5461
• Fax: (217) 782-7046
100 West Randolph
Street,
Chicago, illinois 60601
•
(312) 814-3000.YFY80O) 964-3013
• Fax:(312)814-3806
Re:
People v. Lewis Development, LLC
Dear Clerk:
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF
)
SEP
302008
ILLINOIS,
STATE
OFILLIN
IS
Complainant,
U
ion
Control
8
rd
vs
)
PCBNo
O
)
(Water
- Enforcement)
LEWIS DEVELOPMENT,
LLC
)
an Illinois limited liability
corporation,
)
Respondent.
)
NOTICE
OF FILING
To:
Lewis Development,
LLC
do Robert J. Coletta, R.A.
401 Main, Suite 1600
Peoria, IL 61602
PLEASE TAKE NOTICE that on this
date I mailed for filing with the Clerk of the
Pollution
Control Board of the State of Illinois,
a
COMPLAINT,
a copy of which is attached hereto
and
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 this 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.
1
FURTHER,
please
take notice
that
financing
may be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act, 20
ILCS 3515/1
(2006),
to correct
the
pollution
alleged
in
the
Complaint
filed
in this
case.
Respectfully
submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney
General
of the
State
of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Dyisi
BY:________________________
i
5
N
(NASIE
Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
September
26,
2008
2
CERTIFICATE
OF
SERVICE
I hereby
certify that
I
did on
September
26, 2008,
send
by certified
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,
ENTRY
OF APPEARANCE
and
COMPLAINT:
To:
Lewis Development,
LLC
do Robert J. Coletta,
RA.
401 Main,
Suite
1600
Peoria,
IL 61602
and the
original
and
ten copies by First Class
Mail with
postage thereon fully
prepaid of
the
same foregoing
instrument(s):
To:
John T. Therriault,
Assistant Clerk
Illinois Pollution
Control
Board
James R.
Thompson
Center
Suite 11-500
100 West Randolph
Chicago,
Illinois 60601
Assistant
Attorney General
This
filing is submitted
on recycled
paper.
BEFORE THE ILLINOIS
POLLUTION
CONTROL
BOARD
LERK’S
OFFICE
PEOPLE
OF THE STATE
OF
)
SEP
31)
yj
ILLINOIS,
)
8
STATE
OF
ILLINOIS
Complainant,
)
POIILJtron
Control
Board
vs.
)
PCB
No.
-
)
(Water - Enforcement)
LEWIS
DEVELOPMENT,
LLC
)
an Illinois limited
liability corporation,
P
)
Respondent.
)
ENTRY OF APPEARANCE
On behalf of the Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
STEPHEN
JANASIE, Assistant Attorney
General of the State of Illinois,
hereby enters her
appearance
as
attorney of record.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation Divisi
BY:________________________
STEP[4F$-1ANKSIE
Environmental Bureau
Assistant Attorney General
500 South
Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
September 26, 2008
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
SEp
302008
PEOPLE
OF
THE STATE
OF
ILLINOIS,
)
POIIutio
Contrd
Complainant,
v.
)
PCBNo.
)
(Water-Enforcement)
LEWIS
DEVELOPMENT,
LLC
)
an
Illinois
limited
liability
corporation,
)
)
Respondent.
)
COMPLAINT
Complainant,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of
the State
of Illinois,
complains
of
Respondent,
LEWIS
DEVELOPMENT, LLC,
an
Illinois
limited
liability
corporation,
as
follows:
COUNT
I
STORMWATER
VIOLATIONS
1.
This
count
is brought
on
behalf
of
the
People
of
the
State
of Illinois,
ex
rel. Lisa
Madigan,
the Attorney
General
of
the State
of Illinois,
on
her
own
motion
and at
the
request
of
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
pursuant
to
Section
31
of
the
Illinois
Environmental
Protection
Act
(“the
Act”),
415
ILCS 5/31
(2006).
2.
The
Illinois
EPA
is an
agency
of
the
State
of
Illinois created
by
the
Illinois
General
Assembly
in Section
4
of the
Act,
415
ILCS
5/4 (2006),
and charged,
inter
a/ia, with
the
duty
of
enforcing
the
Act.
3.
The
Respondent,
Lewis Development,
LLC,
is
an Illinois
limited
liability
corporation
registered
and in
good
standing
with the
Illinois
Secretary
of
State’s
Office.
Michael
Lewis
is
Respondent’s
manager.
Robert
J. Coletta,
401
Main,
Suite
1600,
Peoria,
Illinois
61602
is
Respondent’s
registered
agent.
4.
At all times relevant
to this Complaint,
Respondent was the
owner/developer
of
Village
Grande
development (“Site”),
a housing
development located at the
end
of Ancient
Oaks
Drive on the northwest
side of Peoria, Illinois.
5.
Section
12(a) of the Act, 415 ILCS
5/12(a) (2006), provides
the following
prohibition:
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;
***
6.
Section 309.102 (a) of the Board’s Water
Pollution
Regulations, 35 III. Adm.
Code 309.102(a), contains
the following prohibition:
a)
Except as in compliance
with
the
provisions of the
Act,
Board
regulations,
and the CWA, and the
provisions and conditions
of
the NPDES
permit
issued to the discharger, the
discharge of any contaminant or
pollutant by
any person into the
waters
of
the State from a point source or into a
well
shall be unlawful.
7.
Section 3.545 of the Act, 415
ILCS 5/3.545 (2006), provides the following
definition:
“Water
Pollution”
is such alteration of the
physical, thermal,
chemical, biological
or
radioactive properties of any waters
of the
State, or such discharge of any
contaminant into any waters of the State, as
will or is likely
to create a nuisance
or render such waters
harmful
or
detrimental or injurious
to
public
health, safety
or welfare,
or
to domestic,
commercial, industrial, agricultural,
recreational, or
other legitimate uses, or
to
livestock, wild animals, birds, fish,
or other aquatic
life.
8.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2006), provides the following
definition:
“Contaminant”
is any
solid, liquid, or gaseous matter, any
odor, or any form of
energy,
from whatever
source.
2
9.
Silt and sediment are “contaminants”
as that term is defined in Section 3.165
of
the
Act,
415 ILCS 5/3.165 (2006).
10.
Section
3.550 of the Act, 415 ILCS 5/3.550 (2006), provides the following
definition:
“Waters” means all accumulations of water, surface
and
underground, natural,
and
artificial, public and private,
or
parts thereof, which are wholly or partially
within, flow through, or border upon this State.
11.
The federal Clean Water Act regulates the discharge of pollutants
from
a point
source into
navigable waters
and
prohibits such point source discharges without a NPDES
permit. The
United States Environmental Protection
Agency (‘USEPA”) administers the
NPDES
program in each State
unless the USE PA has delegated authority to
do so to that
State.
The
USEPA has
authorized the
State
of Illinois to issue NPDES
permits through the
Illinois EPA
in compliance with
federal regulations.
12.
Storm water
discharges are regulated by 40
CFR 122.26, which
requires
a
person
to
obtain an NPDES permit and to
implement a
stormwater pollution
prevention plan for
construction
activity including
clearing, grading and
excavation:
(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
(see
§
122.26(a)(4));
***
(b)
Definitions.
** *
(14)
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
3
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. Construction
activity
also includes
the disturbance
of
less
than
five
acres 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;
***
13.
At
all times
relevant
to this
Complaint,
Respondent
was
engaged
in
the
construction
of
homes at the
Site.
14.
On
or about
June 14,
2002,
an Illinois
EPA
inspector
inspected
the
Site
and
observed
that the
Site’s inadequate
erosion
control
measures
had caused
an erosion
problem
at
the
Site. The
Respondent’s
inadequate
erosion control
measures
had allowed
sediment
to
deposit in
a pond
adjacent
to the
Site
(“Pond”).
15.
On or
about
April 13,
2004,
the Illinois
EPA inspector
returned
to
the Site
and
observed
that the
Respondent
had
not maintained
erosion
control
measures
at
the Site.
Respondent’s
inadequate
erosion
control
measures
had
continued
to
allow
sediment
to deposit
in
the
Pond.
16.
On
or
about
June 4, 2004,
the
Illinois EPA
inspector
returned
to
the
Site and
observed
that the
Respondent
had not
maintained
erosion
control measures
at
the Site.
Respondent’s
inadequate
erosion
control
measures
had continued
to
allow
sediment
to
deposit
in
the
Pond.
17.
The
Pond
is
a water
of the
State as
that term
is defined
in Section
3.550
of the
Act.
4
18.
Respondent’s
failure to maintain
adequate erosion
control measures at the Site
caused Respondent
to deposit silt and sediment
from the Site into
the Pond. Thus,
Respondent caused water pollution
in waters of the State,
in
violation
of
Section 12(a) of the
Act,
415 ILCS 5/12(a)
(2006), and Section 309.102(a)
of the Board’s Water PoNution
Regulations, 35 Ill. Adm. Code
309.102(a).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
the People of the State of Illinois, respectfully
requests
that
this Board grant
the
following
relief:
A.
Authorizing a hearing in this matter at which time
the Respondent will be
required to
answer the allegations herein;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist
from
any
further violations of the Act
and
associated
regulations;
D.
Pursuant to Section
42(a)
of
the
Act,
415 ILCS 5/42(a) (2006),
imposing
a
civil
penalty of
not more than the statutory
maximum; and
E.
Granting such
other
relief
as
the Board deems appropriate.
COUNT II
NPDES PERMIT VIOLATIONS
1-17.
Complainant realleges and incorporates herein by reference paragraphs
I
through 4 and
paragraphs 7 through 19 of Count las paragraphs I through
17 of this Count
Il.
18.
Section 12(f) of the Act, 415 ILCS
5/12(f)
(2006),
provides,
in
pertinent part,
as
follows:
No person
shall:
5
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.
***
19.
At
all times
relevant to
this
Complaint,
Respondent
did not have
a
general
NPDES
stormwater
permit for the
Site
as required by 40
CFR
122.26.
20.
Respondent has
caused or
allowed or threatened
the discharge
of
contaminants
into
waters
of the
State without a NPDES
permit, in
violation of Section
12(f) of the Act,
415
ILCS
5/12(f) (2006).
PRAYER
FOR RELIEF
WHEREFORE,
the
Complainant,
the People
of the State
of Illinois, respectfully
requests
that
this Board
grant the
following relief:
A.
Authorizing
a
hearing
in
this matter
at
which
time the
Respondent
will be
required to
answer the
allegations
herein;
B.
Finding
that the
Respondent
has violated the
Act and regulations
as
alleged
herein;
C.
Ordering
Respondent to cease
and desist
from any further
violations
of
the Act
and
associated
regulations;
D.
Pursuant
to Section
42(a) of the Act, 415
ILCS 5/42(a)
(2006),
imposing
a
civil
penalty
of not
more than
the
statutory
maximum;
and
E.
Granting
such other
relief as the
Board
deems
appropriate.
6
Respectfully
submitted,
PEOPLE OF THE
STATE OF ILLINOIS,
LISA MADIGAN,
Attorney
General
of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:____________________
THOMAS
DAVIS, Chief
Assistant
Attorney General
Of
Counsel
STEPHEN
JANASIE
Assistant
Attorney
General
500
South Second Street
Springfield, Illinois
62706
217/
782-9031
Dated:
September
26, 2008
7
