OFFICE
OF
THE
A1TORNEY
GENERAL
STATE
OF
ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
E
C
E
U
V
ED
October
15, 2008
CLERK’S
OFFICE
OCT
72008
STATE
OF
ILLINOIS
2
ollution
Control
Board
John
T. Therriault,
Assistant
Clerk
lUjnois
Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v. Dennis
Lahood
Dear
Clerk:
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.
Very truly
yours,
Stephe’n
Janasie
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)782-9031
SJ/pk
Enclosures
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
• TTY:
(800)
964-3013
•
Fax: (312)
814-3806
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
)
ILLINOIS,
)
)
Complainant,
vs.
)
PCB
No.
)
(Enforcement)
DENNIS
LAHOOD,
dlbla
VILLENEAUVE
)
SUBDIVISION,
an
Illinois
limited
)
liability corporation,
)
Respondent.
)
CLERK’S
OFFICE
NOTICE
OF FILING
17
2Q08
STATE
OF
ILLINOIS
To:
Dennis
Lahood
PoItut
Control
Board
dibla
Villeneauve
Subdivision
P.O.
Box
2861
East
Peoria, IL
61611
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 351
5/1 (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
Division
BY:_______
StPh,
Jrsie
Assistant
Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
15,
2008
2
CERTIFICATE OF SERVICE
I hereby
cerUfy that I did on October 15, 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:
Dennis Lahood
d/b/a
Villeneauve Subdivision
P.O. Box 2861
East Peoria,
IL 61611
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
Steph’Ja?/”
Assis(antorey General
This filing is submitted on recycled paper.
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOA
PEOPLE OFTHE STATE OF
)
ILLINOIS,
)
‘72Oü
Complainant,
)
op
vs.
)
PCBNo.
01
8
oard
)
(Enforcement)
DENNIS LAHOOD, dibla VILLENEAUVE
)
SUBDIVISION, an Illinois limited
)
liability corporation,
)
)
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
his 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
BY
Lision/..
Stephen
EnvironmentaJur
Js
7
au
Assistant
Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: October 15,
2008
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCB No. 09-
)
DENNIS LAHOOD dibla VILLENEAUVE
)
SUBDIVISION, an Illinois limited
)
liability corporation,
)
CLERK.’S
OFF0
Respondent.
)
‘
2008
ST%rB%sfd
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 Respondent, DENNIS LAHOOD
d/b/a
VILLENEAUVE SUBDIVISION, an
Illinois limited liability corporation,
as
follows:
COUNT I
STORMWATER VIOLATIONS
1.
This Complaint is brought by
the Attorney General, 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 (“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 alia, with the
duty
of
enforcing
the Act.
3.
Dennis Lahood is the
developer
of
Villeneauve Subdivision,
located southeast
of
the
intersection
of Route 116 and 24 in East
Peoria, Tazewell
County,
Illinois.
Villeneauve
Subdivision
includes a lower
elevation
area
consisting
of approximately 10 acres along Route
116
and
an upper area consisting of
approximately
66 acres on the bluff along Route 24.
4.
On August 15,
2005, Illinois EPA issued
to
Respondent
a general
NPDES
stormwater
permit
for
Villeneauve
Subdivision.
5.
On
January
17,
2006,
personnel
from
the Illinois
EPA
Division
of
Water
Pollution
Control/Field
Operations
Section,
Peoria
Regional
Office,
inspected
Villeneauve
Subdivision.
6.
During
the
January
17,
2006
inspection,
no
erosion
controls
were
present
on
the
lower
area
of
Villeneauve
Subdivision.
Sediment
was
entering
an
unnamed
stream
along
Route
116
that
flows
into
the
Illinois
River.
7.
On January
17,
2006,
short
sections
of
silt
fence
in
the upper
area
of
Villeneauve
Subdivision
were
improperly
placed
on
slopes
and
ravines
and
overrun
with
sediment.
Sediment
from
these
areas
had discharged
into
the
ravines
and had
also
entered
the
stormwater
inlets
near
the
site
entrance.
8.
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;
***
9.
Section
309.102
(a)
of the
Board’s
Water
Pollution
Regulations, 35111.
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.
10.
Section
3.545
of
the Act,
415
ILCS
5/3.545
(2006),
provides
the
following
definition:
2
“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.
II.
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.
12.
Silt
and sediment are “contaminants”
as that term is defined in Section 3.165
of
the
Act, 415 ILCS 5/3.165 (2006).
13.
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.
14.
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 USPEA 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.
15.
Storm water discharges are regulated by 40 CFR 122.26, which requires
a
person
to
obtain
a
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
3
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
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;
***
16.
Respondent caused water pollution through the discharge of sediment into
an
unnamed stream, ravines,
and stormwater inlets, in violation of Section 12(a) of
the Act, 415
ILCS 5/12(a) 2006, as
well
as
Section 309.102(a) of the Board’s Water Pollution
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;
4
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
1-13. Complainant realleges and incorporates
herein by reference paragraphs 1
through
7 and paragraphs
10 through 15 of Count I as paragraphs 1 through 13 of this Count
II.
14.
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.
***
15.
Respondent violated the terms of its general NPDES stormwater
permit by failing
to
implement adequate
erosion controls
at
the site,
in
violation
of Section
12(f)
of the Act, 415
ILCS
5/12(f) (2006).
5
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.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
LISA
MADIGAN,
Attorney
General of the
State of Illinois
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY____________________________
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant Attorney
General
Of
Counsel:
Stephen
J. Janasie
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: October
15,
2008
6
