ECEVED
CLERK’S
OFFICE
JAN
302009
t
STATE
OF
ILLINOIS
Pollution
Control
Board
OFFICE
OF
THE
ATTORNEY
GENERAL
Lisa Madigan
STATE
OF
ILLI?’OIS
U
o
VI”l’ORNEY
GENERAL
.
P
January
28,
2008
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R. Thompson
Center,
Ste. 11-500
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v. Bill Woods,
d/b/a
American
Asphalt
Seal
Coating
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,
Michael D.
Mankowski
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
(217) 782-9031
MDM/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
CEVE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
PEOPLE OF
THE
STATE
OF
ILLINOIS,
)
JAN
302009
STATE
OF
ILLINOIS
Complainant,
)
?olhition
Control
Board
PCB No.
(?‘l ‘
)
(Water Enforcement)
BILL WOODS,
an
individual, dlbla
)
AMERICAN ASPHALT
SEAL COATING,
)
Respondent.
NOTICE
OF
FILING
To:
Bill Woods
dibla
American
Asphalt Seal Coating
102 Whitsell Way, Apt. 103
Granite City, IL 62040
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
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
JDivision
BY:_____________
MICHAEL D. MANKOWSKI
Assistant Attorney General
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
January 28, 2009
2
CERTIFICATE
OF
SERVICE
I
hereby certify
that
I
did on January
28, 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
COM
PLAI NT:
To:
Bill
Woods
d/b/a American Asphalt
Seal Coating
102 Whitsell Way,
Apt. 103
Granite City,
IL 62040
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
MICHAEL
D. MANKOWSKI
Assistant
Attorney General
This filing is submitted
on recycled paper.
CEVE
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
JAN
302009
PEOPLE
OF
THE STATE
OF
ILLINOIS,
)
STATE
OF
ILLINOIS
1
ofuton
Control
Board
Complainant,
)
vs.
)
PCBNo.
0
(Water Enforcement)
BILL
WOODS,
an
individual,
dlbla
AMERICAN
ASPHALT
SEAL
COATING,
)
Respondent.
ENTRY
OF APPEARANCE
On
behalf
of
the Complainant,
PEOPLE
OF THE
STATE OF
ILLINOIS,
MICHAEL
D.
MAN
KOWSKI,
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
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Li
gaton
‘ivision
BY:
MICHAEL
IJoLL
D.
MANKOWSKI
Environmental
Bureau
Assistant Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
January
28, 2008
CEVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
JAN
30 2009
PEOPLE OF
THE STATE OF ILLINOIS,
)
OllUtiOfl
Control
Board
Complainant,
v.
)
PCBN
0
.5
(Water Enforcement)
BILL WOODS, an individual,
DIBIA AMERICAN
ASPHALT SEAL COATING,
)
Respondent.
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, BILL WOODS, an individual
D/B/A
AMERICAN
ASPHALT SEAL COATING as follows:
COUNT I
WATER POLLUTION VIOLATION
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
the terms
and
provisions of 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
a/ia, with
the
duty
of enforcing the Act
in proceedings before
the
Illinois Pollution Control Board (‘Board”).
3.
This
Complaint is brought pursuant
to
Section 31 of the Act, 415 ILCS 5/31 (2006),
after
providing the
Respondent with notice and the opportunity for a meeting with the
Illinois
EPA.
1
4.
The Respondent,
Bill Woods
d/bla
American
Asphalt Seal Coating
(“American
Asphalt”), at all times
relevant
to
this Complaint, owned
and operated an
asphalt sealing
company located
in Troy,
Madison County,
Illinois.
5.
On August
19,
2006,
or a date better known
to Respondent, the
Respondent
performed
asphalt sealing at the
Cope
Marine
parking lot at 1725
W. Highway 50 in O’Fallon,
St.
Clair
County,
Illinois (“site”). The site
is located next to a
road side drainage
ditch
on
Highway 50 (“road
side ditch”) which
discharges
into Olges Creek.
6.
On August
19, 2006, or a date
better
known
to
the Respondent,
the Respondent
sealed
the
asphalt
parking
lot
at the Cope Martine
site prior to
a
rain event.
7.
Section 12
of
the Act,
415
ILCS 5/12(a)
(2006), provides,
in
pertinent
part, 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;
8.
Section
3.165
of the Act,
415 ILCS 5/3.165
(2006), defines “contaminant”
as
follows:
“CONTAMINANT”
is any
solid,
liquid,
or gaseous matter, any
odor, or any form
of
energy,
from whatever source.
9.
Asphalt sealant
is a
“contaminant”
as that term is
defined in Section 3.165
of
the
Act,
415
ILCS 5/3.165
(2006).
10.
Section
3.545
of the Act,
415 ILCS 5/3.545 (2006),
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
2
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.
11.
Section 3.550
of the
Act,
415 ILCS 5/3.550
(2006), defines
“waters”
as
follows:
“WATERS”
means all accumulationsof 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.
12.
The
roadside ditch and Ogles Creek are each “waters,” as that term is defined
by
Section 3.550 of the Act, 415 ILCS 5/3.550 (2006).
13.
Section 302.203 of the Board’s Water Pollution Regulations, 35
Ill.
Adm. Code
302.203,
prohibits
offensive conditions in waters of the State:
Waters
of the
State
shall
be
free from sludge or bottom deposits, floating debris,
visible
oil, odor,
plant
or algal, color or turbidity
of
other than natural origin. .
14.
On
information
and
belief, during
the
rain event, the asphalt sealant
ran
off the
parking lot
and into the road side
ditch.
15.
On August 20, 2006, the
Illinois
EPA
inspected the road side ditch.
16.
On August
20,
2006, the
Illinois EPA observed a rainbow sheen
on
the soil of the
banks that was
present along with a black stain at the bottom of
the ditch which continued
downstream
for approximately two blocks.
17.
The source
of
the
material
in the road
side ditch was the Cope
Marine
site.
18.
On
August 21,
2006, dead
crayfish were present in the roadside
ditch.
19.
On August
22,
2006, the
Illinois EPA performed a follow up inspection of the
roadside
ditch.
20.
On August 22, 2006, the road
side
ditch between Brookside and
Creekview
Drives was dry
and had a seal coating oil stain
in
the sediment.
21.
On August 23, 2006, the Illinois EPA returned to the
road side ditch.
3
22.
On
August 23,
2006, approximately
150 feet
of the road
side
ditch contained
standing
water
which
had a very slight
sheen
on
its
surface and
approximately
1,300 feet
of the
ditch
contained
black residue
at the bottom.
23.
Additionally,
two catch
basins that
discharge into the road
side ditch
contained
a
blackish
residue.
24.
The
Respondent
caused, allowed
or
threatened
the
discharge
of
asphalt sealant
from
the Cope Marine
site parking lot into waters
of the
State
so as to
cause or
tend
to
cause
offensive
conditions
in
the
road side
ditch which
is an unnamed
tributary of Olges
Creek
in
violation
of Section
302.203
of the Board’s
Water Pollution
Regulations,
35111. Adm.
Code
302.203.
25.
By
violating
the water quality
standard of
Section
302.203
of
the Board’s
Water
Pollution
Regulations, 35 Ill.
Adm. Code 302.203,
the
Respondent
has
violated
Section
12(a)
of
the Act,
415
ILCS
5/12(a) (2006),
and Section 302.203
of the Board’s
Water
Pollution
Regulations,
35
Ill. Adm.
Code 302.203.
PRAYER FOR
RELIEF
WHEREFORE,
Complainant,
the PEOPLE OF THE
STATE
OF
ILLINOIS,
respectfully
request that the
Board
enter an order against
the Respondent,
BILL WOODS
D/B/A
AMERICAN ASPHALT
SEAL
COATING:
A.
Authorizing
a
hearing
in
this
matter at which time
the
Respondent
will
be
required to answer
the
allegations
herein;
B.
Finding that 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.
Assessing a civil
penalty of Fifty Thousand
Dollars
($50,000.00)
against
4
Respondent for each violation of the Act and pertinent Board
regulations,
with
an
additional
penalty of Ten Thousand Dollars ($10,000.00)
per day for each day that the violations
continued;
and
E.
Granting
such other
relief as the Board may deem appropriate.
COUNT II
WATER
POLLUTION
HAZARDS VIOLATIONS
1-24.
Complainant
realleges
and
incorporates
herein by reference paragraphs 1
through 6 and paragraphs
8 through 25 of Count
I as
paragraphs
1
through
24
of
this Count II
25.
Section 12 of the Act, 415
ILCS
5/12(d) (2006), provides, in pertinent part, 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.
26.
By depositing a
contaminant upon
the
land in such place
and
manner
so
as
to
create a
water
pollution hazard, the Respondent has violated Section 12(d) of
the
Act, 415 ILCS
5/12(d) (2006), and
Section
302.203 of the Board’s Water Pollution Regulations, 35 III. Adm.
Code
302.203.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request
that the
Board
enter an
order
against the
Respondent,
BILL
WOODS D/B/A
AMERICAN
ASPHALT SEAL COATING:
A.
Authorizing
a
hearing in this matter at which time the Respondent will be
required
to answer the allegations herein;
B.
Finding that
Respondent has
violated
the Act and regulations as alleged herein;
C.
Ordering Respondent
to cease
and
desist from any further
violations of
the Act
5
and
associated
regulations;
D.
Assessing
a
civil
penalty of
Fifty Thousand
Dollars
($50,000.00)
against
Respondent for each
violation
of the Act
and
pertinent
Board regulations,
with an additional
penalty
of
Ten Thousand
Dollars ($10,000.00)
per day for
each
day that the
violations
continued; and
E.
Granting such
other
relief as
the Board may deem
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
MICHAEL
D.
MANKOWSKI
Assistant
Attorney
General
500
South Second
Street
Springfield,
Illinois
62706
217/
557-0586
Dated:
6