Lisa
Madigan
iV[TORNEY GENERAL
Re:
People
v.
Kaplan
Development
and
lnv.
Co.
Dear
Clerk:
OCT
2’8
2008
STATE
OFILL1NOIS
O$jtj
Control
Boar
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/pjk
Enclosures
Very
truly
yours,
Janasie
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
500
South
Second
Street,
Springfield,
Illinois
62706
(217)
782-1090
• ITY:
(877)
844-5461
• Fax:
(217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601 •
(312)
814-3000
• ITY:
(800)
964-3013
• Fax:
(312)
814-3806
Inni
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OFFICE
OF
THE
ATTORNEY
GENERED
STATE
OF
ILLINOIS
October
23,
2008
John
T. Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center, Ste. 11-500
100
West
Randolph
Chicago,
Illinois
60601
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE
OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCBNo.
01
)
(Enforcement)
KALANDEVELOPMENT
AND
)
INVESTMENT
COMPANY,
)
)
Respondent.
NOTICE
OF FILING
CLE(’S
OFFC
To:
Kaplan
LeonardDevelopment
Kaplan,
R.A.
and Investment
Co.
ZOOS
5140
North
Service Road
-OF
ILUI4OISd
Saint
Peters, MO 63376
poliUtOP
Control
Boar
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
Divisi
BY:
te e
Ja sie
Assi
ant ttorney
General
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
23,
2008
2
CERTIFICATE OF SERVICE
I hereby certify that I did on October 23, 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:
Kaplan
Development and Investment
Co.
Leonard Kaplan,
R.A.
5140 North Service Road
Saint Peters, MO 63376
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
PEOPLE OF THE STATE
OF
)
LECEVED
ILLINOIS,
)
CLERK’S
OFFICE
Complainant,
OCT 2’.8
2008
i2
STATE OF ILUNOIS
vs.
)
PCB
No.
Pollution Control
Board
)
(Enforcement)
KALAN
DEVELOPMENT
AND
)
INVESTMENT
COMPANY,
)
)
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
Ligaj,n
BY:________
SteptenAnIe
Environment’al
Bureau
Assistant Attorney
General
500
South
Second
Street
Springfield, Illinois
62706
217/782-9031
Dated:
October 23, 2008
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF
THE
STATE OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB
No.
)
(Enforcement)
KAPLAN
DEVELOPMENT
AND
)
INVESTMENT COMPANY
)
Respondent.
)
.i
2
COMPLAINT
OC
Complainant, PEOPLE OF THE STATE
OF ILLINOIS,
by
LISA
General of the State
of Illinois, complains
of Respondent KAPLAN DEVELOPMENT
AND
INVESTMENT
COMPANY,
as
follows:
COUNT I
WATER POLLUTION VIOLATIONS
1.
This Count is brought on behalf of the People of the State of Illinois, by 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 (“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 which is charged, inter al/a, with
the
duty
of
enforcing the
Act.
3.
The
Respondent, KAPLAN DEVELOPMENT AND INVESTMENT COMPANY,
is
a
Missouri
company
registered
with the Missouri Secretary of State and Leonard Kaplan is
its
registered
agent.
4.
At all
times relevant
to this Complaint, Respondent was the operator of the
Summit
Springs
lift
station (“lift station”), serving the village of Caseyville,
St.
Clair
County,
Illinois.
The
lift station
is used to collect untreated
sewage
and move that wastewater
through
the
village’s wastewater
treatment
system
to
the
Caseyville
Township-
West Sewage
Treatment
Plant.
5.
At all
times relevant
to this Complaint,
the
lift
station
was
operated
off a
temporary
power
source
(‘generator”),
and as
such was under
the
construction
phase
of
Illinois
EPA
Water
Pollution
Control
Permit
No. 2003-IA-41
32.
Respondent
was
the
permittee
under
this
construction
phase.
6.
On or
about July
1, 2005,
a
wastewater
overflow
of untreated
sewage
occurred
at
the lift
station as
a
result
of failure
of the generator
battery.
7.
On or
about October
17, 2005,
a second
wastewater
overflow
of
untreated
sewage
occurred
at
the
lift
station
as a result
of failure
of
the generator
battery.
8.
On or
about
October
21,
2005,
a
third wastewater
overflow of
untreated
sewage
occurred
at the lift
station
as a result
of
the
failure of the
generator
battery.
9.
On or
about December
14, 2005, a
fourth
wastewater
overflow
of untreated
sewage
occurred
at
the
lift station.
10.
On
or
about December
14, 2005,
Illinois
EPA
inspectors
arrived
at the
lift
station
and
observed
that
the
wet
well was
overflowing
into
a
nearby intermittent
stream
that
is
a
tributary
of
Schoenberger
Creek.
The
wet well
was overflowing
into the
nearby
intermittent
stream at
an
estimated
rate
of
two
gallons per
minute.
The cause
of
the
overflow
was
determined
to
be
generator
malfunction.
11.
Section
12
of the Act,
415 ILCS
5/12 (2006),
provides,
in pertinent
part,
the
following
prohibitions:
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
2
Control Board
under this Act;
* **
(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.
** *
12.
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.
13.
Section 302.203 of the Board’s Water Pollution Regulations,
35 Ill. Adm. Code
302.203, provides:
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. The allowed mixing provisions of Section 302.102 shall
not be used
to
comply with
the provisions of this Section.
14.
Section 304.106
of
the Board’s Water Pollution Regulations,
35111. Adm.
Code
304.106,
provides:
Offensive Discharges
In addition to the other requirements of this Part,
no
effluent
shall contain
settleable solids, floating debris, visible
oil,
grease,
scum or sludge solids.
Color,
3
odor and turbidity must
be reduced
to below obvious
levels.
15.
Section 306.304
of the Board’s
Water Pollution
Regulations,
35111. Adm.
Code
306.304,
provides:
Overflows
Overflows
from
sanitary sewers are
expressly
prohibited.
16.
The
intermittent
stream is a water
of the State
as that term is defined
in
Section
3.550
of the Act.
17.
The Respondent’s
operations
of the lift
station caused
four separate
wastewater
overflows that
caused, threatened,
or allowed the
discharge
of untreated sewage
into the
environment
in violation of
Section
12(a)
of the Act, 415
ILCS 5/12(a) (2006).
18.
The Respondent’s
fourth
overflow discharged
sewage into
a nearby creek,
in
violation
of Section
12(a) and
(f) of the Act, 415
ILCS
5/12(a)
and (f) (2006).
19.
Respondent’s
sanitary
sewage overflows
allowed
untreated
wastewater
to be
discharged
into a
nearby creek,
leaving
deposits
of unnatural
origin in the creek,
in violation
of
Sections 302.203,
304.106,
and 306.304
of the Board’s Regulations,
35111. Adm. Code
302.203,
304.106,
and 306.304.
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
4
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) (2004), imposing a civil
penalty of not
more than the statutory maximum; and
E.
Granting such other relief as the Board deems appropriate.
COUNT II
CONSTRUCTION
VIOLATIONS
1.
Complainant realleges and incorporates herein by reference paragraphs I
through 10, as
well as
paragraph 16, of
Count las
paragraphs
1
through 11 of this Count II.
12.
Section 12 of the
Act,
415
ILCS 5/12 (2006), provides, in pertinent
part,
the
following
prohibitions:
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, of any type designated by Board regulations,
without a permit granted by
the
Agency,
or in violation of any conditions
imposed by such permit.
** *
13.
Section
306.102(a)
of the
Board’s Water Pollution Regulations, 35111. Adm. Code
306.102(a),
provides:
System
Reliability
(a)
Malfunctions: All treatment works and associated facilities shall be
constructed and operated as to minimize
violations
of
applicable
standards during such
contingencies
as flooding, adverse
weather,
power
failure, equipment failure, or
maintenance, through
such
measures
as
multiple units, holding
tanks, duplicative power sources, or such other
5
measures as may be appropriate.
14.
Respondent’s Illinois
EPA Water Pollution Control Permit No. 2003-IA-4132
provides, in pertinent part, the following condition:
SPECIAL
CONDITION 1:
Any connections
to
the sanitary sewer
extension must be in accordance
with
this
permit and the
latest
Revisions
of Title 35, Subtitle C, Chapter 1.
***
15.
At all times relevant to this Complaint,
the lift station was not configured in
accordance with the requirements of its Illinois EPA Water Pollution Control Permit
No. 2003-
IA-4132, as it
did not contain the necessary safeguards
to
ensure
system reliability in the
event
of
power failure, in
violation
of Permit Special Condition 1.
16.
Respondent operated the lift station without the necessary safeguards
against
power or equipment
failure, in violation
of
the
terms of
Respondent’s Water Pollution
Control
Permit,
Section 12(b) of the Act, 415 ILCS 5/12(b) (2006), and Section 306.102(a) of the
Board’s Regulations,
35 III. Adm. Code 306.102(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) (2004), imposing
a civil
6
penalty
of not more
than
the
statutory maximum; and
E.
Granting
such other relief as the Board deems appropriate.
Respectfully
submftted,
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:
Stephen
Janasie
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October 23,
2008
7
