FEB
172009
STATE
POllution
Controg
8o
L
0
February
11,2009
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.
Crop Production
Services
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,
“Jane
E. McBride
Sr. Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
(217)
782-9031
JEM/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
1001
Easr
Main flarhnndal,.
Tlhnnic
62901
• (6181 S
9-6400
• 9J’
(8771
675-9119
• Fiy
(6181
529-6416
Lisa
Madigan
KV[’()RNEY
GENERAL
OFFICE
OF
THE
ATTORNEY GENERAL
STATE
OF
ILLINOIS
•
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCBN0.
0
)
(Enforcement)
CROP PRODUCTION
SERVICES,
)
a Delaware corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Crop Production
Services
cE
do
a
Delaware
CT Corporation
corporation
Systems, R.A.
St\
o
GO
208 South
LaSalle Street, Ste.
814
Chicago,
IL 60604
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 Division
BY:
2_.
f
z’Jane
E. McBride
“
Assistant
Attorney General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February
11, 2009
2
CERTIFICATE OF
SERVICE
I hereby certify that I did on February 11, 2009, 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:
Crop Production Services
a
Delaware corporation
do CT
Corporation
Systems,
R.A.
208 South
LaSalle
Street, Ste.
814
Chicago, IL 60604
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
E.. McBride
Assistant Attorney General
This filing is
submitted
on recycled
paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF
ILLINOIS,
)
FEB
172069
Complainant,
)
o
T
oF10,s
vs.
)
PCB No.
0
)
(Enforcement)
CROP
PRoDUCTION
SERVICES,
)
a
Delaware
corporation,
)
)
Respondent
)
ENTRY OF
APPEARANCE
On
behalf of the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
Jane E. McBride,
Sr.
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
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
/4ne E.
McBride
Environmental
Bureau
Sr.
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/762-9031
Dated:
February
II, 2009
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF THE STATE
OF
ILLINOIS,
)
Complainant,
V.
)
PCB NO.
)
(Enforcement)
CROP PRODUCTION
SERVICES,
)
a
Delaware corporation,
)
Respondent.
)
FEB
COMPLAINT
SBO
Complainant,
PEOPLE
OF
THE
STATE
OF ILLINOIS, by LISA
MADIGAN,
Attorney
General
of the State
of Illinois, complains of
Respondent
Crop Production Services,
Inc.,
a
Delaware corporation,
as
follows:
COUNT
I
WATER POLLUTION
VIOLATIONS
— FERTILIZER
SPILL — SINCLAIR
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 Sections
42(d) and
(e)
of the
Illinois
Environmental Protection
Act (‘Act”),
415 ILCS 5/42(d),
42(e) (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,
and
which is
charged, inter alia,
with the
duty
of
enforcing
the
Act.
3.
This
complaint
is brought
pursuant to Section
31 of the Act, 415
ILCS 5/31, after
providing the
Respondent with
notice and
the
opportunity for a meeting
with the Illinois
EPA.
4.
The
Respondent, Crop
Production Services,
Inc.
(“CPS”),
a
subsidiary of United
Agri
Products,
Inc., is a
foreign.corporation
in good standing
in
the
State
of Illinois.
At
all
times
relevant to
this
complaint,
UAP Distribution, Inc.
owned
and
operated the subject
sites.
Crop
Production
Services,
Western Farm
Service,
Inc.
and UAP Distribution,
Inc., were affiliated
companies under
the common ownership
of
United Agri Products, Inc. The three affiliated
companies
merged effective
January 1, 2009. The surviving
entity is UAP Distribution, Inc. In
connection with the
merger, UAP Distribution, Inc. changed its name to Crop
Production
Services, Inc. CPS’
corporate headquarters is located at 7251 W 4th Street
Greeley,
CO
80634. CPS sells feed
by
retail
and sells farm supplies by both
retail
and
wholesale. CPS’
registered
agent is CT Corporation
Systems, 208
South LaSalle
Street,
Suite 814, Chicago,
IL
60604.
5.
Respondent CPS owns
and operates
an agricultural chemical and fertilizer retail
facility
northeast of Jacksonville, Illinois in Morgan County. The facility is known as CPS Richter
(Sinclair).
The
legal
description of the site is SW 1/4, Section 28, TI6N,
R9W
(Road
District
No.
1), Morgan County (the “site”
or “facility”).
The
facility is
located in the community of
Sinclair, which consists
of an unincorporated area
including four residential structures and
the
CPS
Richter facility. The
facility is located in the watershed of
Indian Creek. Indian Creek is
tributary to the
Illinois
River.
6.
At the
Sinclair site, Respondent CPS handles dry
fertilizer
products,
anhydrous
ammonia,
liquid fertilizer solutions
and
various pesticides. These products are delivered to the
site
by
truck. Dry
fertilizer
products stored and handled at the site include potash and
diammonium phosphate (“DAP”). Anydrous ammonia is handled in bulk and stored in two,
12,000
gallon fixed storage tanks on-site. Approximately 40 ammonia nurse tanks are available
at
the site. Pesticides
are handled
in
bulk, mini-bulks
and packaged products. Liquid
fertilizer
(28%
nitrogen) solution
is
also stored on-site. Two above-ground steel
bulk
tanks are
available
for storage of
urea-ammonium nitrate (UAN 28& nitrogen solution). One
of
the
tanks
is an
18,000-gallon
tank
and was out of service
at
the time
of the
release. The other is
a
30,000-
gallon
capacity,
cone
bottom tank that was involved
in
the July
21,
2005 release
of 28%
2
nitrogen
solution.
7.
Section
12(a)
and
(d)
of the
Act,
415 ILCS
5/12(a),
(d)
(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;
d.
Deposit
any contaminants
upon
the land
in
such
place
and
manner
so
as to
create a
water
pollution
hazard;
8.
Section
255.80
of
the agrichemical
containment
regulations,
8
III.
Admin.
Code
255.8C
provides,
in
pertinent
part,
as
follows:
Section
255.80
Secondary
Containment
a)
All agrichemical
non-mobile
storage
containers
for liquid
pesticides
and
liquid
fertilizer
shall be
located
within
a
secondary
containment
structure.
b)
Secondary
containment
structures
and
systems
shall
provide
the
following
capacity:
1)
When
not protected
from receiving
precipitation,
the
containment
shall have
a
minimum
containment
volume
of
a
6-inch
rain storm
(a 25
year,
24 hour
rain),
plus
the capacity
of
the
largest
tank,
and
the
volume
displaced
by the
bases
of the
other
tanks
located
within
the
secondary
containment
structure.
2)
When protected
from
receiving
precipitation,
the
containment
shall
have
a
minimum
containment
volume
of
100%
of
the
capacity
of
the largest
tank,
plus
the
volume
displaced
by
the
bases
of the
other
tanks
located
within
the
secondary
containment
structure.
c)
Structural
materials
and
integrity
shall
provide
secondary
containment
that
meets
or exceeds
the
requirement
of
this
Section.
Materials
shall
be
compatible
with
the
agrichemical
to
be contained.
1)
General
requirements
include:
3
A)
Clay,
natural
soil
clay mixtures
or clay/bentonite
mixtures
shall not
be
used
to
contain any
bulk
pesticide.
B)
Secondary
containment
for liquid
agrichemicals
storage
at
facility sites
should
provide for
separation
between
bulk
pesticides
and
bulk
fertilizer
to the extent
that
a
common
wall
or
curbing between
the
fertilizer area
and
the
pesticide
area
shall provide
for the
interception
and recovery
including
clean
up of
pesticide
spills
while
the
entire
secondary
containment
area shall
meet or
exceed the
total
capacity
requirement
specified
in this
Section.
C)
The secondary
containment
structure shall
be
constructed
to a water
permeability
rate of
not greater
than
1 x
10.6
centimeters
per
second and
maintained
so
that
liquid
movement
through
the
walls
and base
does
not exceed
a
rate of I
x 10
centimeters
per second
permeability
rate.
The
secondary
containment
structure
shall be designed
and
maintained
to
withstand
a
full
hydrostatic
head
of
any
contained
liquid. The
containment
area shall
not be
equipped
with
a permanent
pump
unless the
pump
has
only
a
manual
mode of operation.
D)
The secondary
containment
structure shall
not have a
discharge
outlet
or
gravity
drain
through
the wall
or floor.
E)
Synthetic
materials
or
liners
may
be
used
with
secondary
containment
structures
provided
they
are compatible
with
agrichemicals
being
contained
and it
is installed
according
to manufacturer’s
written direction
and
repaired
and
maintained
according
to
manufacturer’s
recommendations.
These
directions
and
recommendations shall become
records
maintained
at the
facility site.
9.
On
July 21,
2005,
a
release at
the site
of
approximately
11,000 gallons
of urea
ammonium
nitrate
(UAN
28%
nitrogen
solution)
28%
nitrogen
fertilizer
was
discovered
by
Respondent’s
employees
and reported.
10.
The
source
of
the release
was a
reducer
fitting
on the 30,000-gallon,
cone
shaped
upright
steel tank
used for
liquid
fertilizer.
The
cause of failure
was
the corrosive
nature
of
the
28%
nitrogen
solution
acting
on
the cast
iron
fitting resulting
in creation
of an
approximately
1
inch
hole
in
the
fitting. There
was
no
shut
off capability
or
valve
ahead of
the
4
failure.
The tank was 12
to 13 years old, and
the
fitting had
not been
replaced.
11.
The
secondary concrete
containment
structure
surrounding
the 30,000 gallon
tank also failed,
and released
the
liquid
fertilizer into the environment.
Three of the
walls
of
the
secondary containment
had been
poured
after
the floor was installed.
Liquid fertilizer
leaked
out of
the
wall/floor
joint
at all three
of the walls that were
poured on
top
of
the
concrete
floor.
12.
On July
21,
2005, the Illinois EPA
conducted
an inspection of the release
site.
13.
At
the time of
the
July 21,
2005 inspection,
Illinois EPA personnel
observed
and
photographed
fertilizer
pooling and puddles,
as
well
as
stained ground, outside
of the
concrete
containment.
The surface liquid
and
staining
indicated
that the released
material
flowed east
across
the facility property
and entered
a dry creek
bed, an unnamed tributary
of Indian
Creek,
where it traveled
north another
100
to
200 yards.
The
inspectors
observed and
photographed
the surface drainage
of fertilizer east across
the
facility
property to the dry creek
bed and
observed
small
pools of fertilizer in
the
dry creek
bed.
14.
On November
21,
2005,
an
inspector
from the
Illinois EPA, Division
of Water
Pollution
Control/Field
Operations Section,
Peoria
Regional
Office conducted
a follow-up
inspection
of the site. Samples
from three
up
gradient
supply wells
in the vicinity of
the spill
showed
total Kjedlahl
nitrogen levels of 30.9
mg/I at the
on site well,
30.5 mg/I at well located
at
1939 Sinclair
Road well,
and
31.8
mg/I at a well
located at
1933
Sinclair
Road well.
The
ammonia
concentration
of a water sample
collected from
a puddle in the
dry bed of the
unnamed tributary
of
Indian
Creek,
down gradient of
the spill, was
56.4
mg/I.
Two soil
samples
were collected
from
the
dry creek
bed. Analytical
results
from the sample
collected.in the
drainage
path of the spill
at the property
boundary were
as follows:
ammonia 1040
mg/I,
nitrate/nitrite
138 mg/I, and
Total Kjeldahl nitrogen
33,000 mg/I.
Analytical results
of
the
second
sample
off site were as follows:
ammonia
740 mg/I,
nitrate/nitrite 209 mg/I,
and
Total Kjeldahl
5
nitrogen 25,800 mg/I.
15.
Respondent CPS has caused, allowed or threatened the discharge of
contaminants to waters of the State so as to cause or tend to cause water
pollution in Hlinois or
to violate the Board’s regulations
or standards
through the
release of liquid fertilizer from its
Sinclair facility
to
an unnamed tributary of Indian Creek, which flows into the
Illinois River.
16.
The
Respondent
CPS
has
caused or allowed
contaminants to be deposited
upon
the land
in such place and manner as to create
a
water pollution hazard through its
proximity
to
an
unnamed tributary of Indian Creek.
17.
The discharge of contaminants
from
the
Respondent’s facility has caused,
threatened
or allowed water pollution in that such discharges have likely
rendered
the
waters
of
the State
harmful or detrimental or injurious to public health, safety
or welfare, or to agricultural,
recreational,
or
other legitimate uses, or to livestock, wild animals,
birds, fish or other aquatic
life and have likely
created
a
nuisance.
18.
By causing,
allowing
or threatening the discharge of
contaminants
to waters of
the State so as to cause
or tend
to
cause water pollution in Illinois or to violate the Board’s
regulations or
standards, the Respondent has violated Section 12(a) of the Act, 415 ILCS
5/12(a).
19.
By
depositing contaminants upon
the
land in such place and manner as to
create
a
water pollution
hazard,
the Respondent has
violated
Section
12(d)
of the Act, 415 ILCS
5/12(d).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that the
Board grant the following relief:
A.
Find that Respondent Crop Production Services, Inc. has violated Section 12
(a)
6
and
(d) of the Act, 415 ILCS 5/12(a) and (d);
B.
Order
the
Respondent from to cease and desist further violations of the Act and
associated regulations pursuant to section 42(e)
of
the
Act, 415 ILCS 5/42(e);
C.
Assess
against
the
Respondent a civil penalty of fifty thousand dollars
($50,000)
for each violation of the Act,
and an additional penalty of ten thousand
dollars
($10,000) for
each day
during which each violation has
continued thereafter; and
D.
Grant such other and further
relief
as the
Board
deems
appropriate.
COUNT II
WATER POLLUTION
VIOLATIONS — FERTILIZER SPILL — WHITE HALL
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
Sections
42(d) and
(e)
of the
Illinois
Environmental
Protection
Act (“Act”),
415 ILCS 5/42(d), 42(e) (2006).
2-4.
Complainant
realleges and
incorporates by reference herein paragraphs 2
through
4 of
Count I
as
paragraphs 2 through 4 of this Count
II.
5.
Respondent CPS
owns and operates an
agricultural chemical and fertilizer retail
facility
in the southeast
portion
of White Hall in Greene County.
The facility is known as CPS
Richter
(White
Hall). The
legal description of the site
is NE 1/4, Section
2,
T1IN, R12W(White
Hall
Township),
Greene
County (the
“site”
or
“facility”). The facility is located in White Hall,
bordered
on
the west by
an active
railroad.
The
facility is bordered on the north by East
Carlinville
Street,
on the
sough
by Tunison Street and on the east by
White Street. It
is located
in a
residential area.
6.
The
majority
of
surface drainage from the White
Hall
facility flows to the south.
A
stormwater
inlet
structure is located at
the south
end
of
the
facility
in the north
street ditch
of
7
Tunison Street.
Subsurface drainage from
the stormwater inlet flows southeast
to a 30-inch
corrugated
metal outlet
pipe
located
on the
east side
of Fulton Street.
7.
At
the White Hall site, Respondent
CPS
handles dry
fertilizer products,
anhydrous ammonia,
liquid fertilizer solutions and various pesticides.
These
products
are
delivered to the site
by truck. Dry fertilizer products stored
and
handled
at the
site include
potash and diammonium
phosphate (‘DAP”). Anydrous ammonia is handled in bulk only
and
stored
in a 30,000 gallon fixed storage
tank on-site. Pesticides are handled in bulk, mini-bulks
and packaged
products. Liquid fertilizer (28% nitrogen) solutions are stored
in
various,
above
ground,
metal
bulk
tanks on-site. The products include 28% and 32% nitrogen solution
and 10-
34-0. Urea-ammonium nitrate is brought
to the
site
by truck. It is
delivered
as 32% nitrogen
solution
and is
then
cut to 28% white on-site.
8-9.
Complainant realleges and incorporates by reference herein paragraphs 7
and
8
of Count I as paragraphs
8
and
9
of this Count II.
10.
On February 18,
2005, a CPS
employee observed
a
teak of 32% nitrogen
fertilizer
solution
from a
500,000-gallon
tank
at CPS’
facility
in White Hall,
Illinois.
The release
came from the bottom of the tank. The tank contained 32% nitrogen solution that was in
the
process
of being cut to 28% solution. The tank failure was
on
the bottom, or
base, of the tank.
Due to the location
of the
failure, the release from the tank could not be
stopped.
11.
The subject 500,000-gallon tank was located inside
a secondary containment
structure.
12.
The secondary containment structure failed
to contain the leak. The material
leaked
from
the
secondary
containment in two locations. The majority of
the release occurred
at the southeast
corner
of the secondary containment structure, from beneath
the concrete floor
of the secondary
containment
structure. Material also leaked from
a
joint between
the concrete
8
sidewall
and the
concrete
floor of the secondary
containment
structure
at a location immediately
east of the subject
tank.
13.
The
release
occurred
through
an approximately
1 -inch hole
in the floor of the
500,000 gallon tank.
This
hole
was in proximity
to a
seam
or
joint in the concrete
floor
of
the
secondary
containment
structure.
The steel tank
sat directly on the
surface
of the
concrete
floor.
14.
The
secondary
containment structure
had been constructed
in
two phases. The
west half
was built in
1996 and the east half
was poured
in 1997. It was
the
seam
or
joint
between the two
phases of construction
that was
the
source
of the majority of material
that
was
released
from
the
structure.
15.
In response
to the release, Respondent
CPS
excavated soil
impacted by the
release.
Respondent
CPS
installed
four small,
subsurface collection
drains
and sumps.
The
sumps consisted
of limited
drain lines positioned
directly
beneath
the northeast corner
of the
subject secondary
containment structure.
16.
On October 6, 2005,
the
Illinois
EPA conducted
a
follow-up
compliance
inspection.
At the time
of the inspection,
the Illinois EPA
collected
samples
from the collection
sumps. Liquid
sample collected from
the small
sump located
on the north side of
the
subject
secondary
containment was
clear with
an ammonia odor.
The
analytical
results for this
sample
were
ammonia 6500
mg/I, nitrate/nitrite
1980 mg/I, Total
Kjeldahl nitrogen
11,300
mg/I.
Liquid
sample collected
from the small
sump
adjacent
to
the
secondary
containment
structure
on
the
east
side of the structure,
the northernmost
sump
on the east side, was
brown in
color
and
contained a strong
ammonia
odor. The analytical
results
for
this sample
were
ammonia 4830
mg/I,
nitrate/nitrite 1710 mg/I,
Total
Kjeldahl
nitrogen
7540 mg/I. Liquid sample
collected
from
the small sump
adjacent
to the secondary
containment
on the
east
side
of the structure,
was
9
clear with an
ammonia odor. The
analytical results
for this sample were
ammonia 1600 mg/I,
nitrate/nitrite
694 mg/I, Total
Kjeldahl nitrogen
2440 mg/I.
17.
On May 12,
2006, the
Illinois
EPA conducted
a
compliance
inspection
at
the
site.
Four
groundwater
monitoring well
had been installed at
the
site.
18.
At
the time of the
May 12,
2006
inspection, sample
results were collected
from
the shallow
sumps located
adjacent to the
bulk liquid fertilizer
storage
tank
farm and
the
groundwater monitoring
wells.
19.
Analytical results
of
the
samples
taken from
the shallow sumps
indicated the
following
nitrate/nitrite
levels
for the wells
S-2,
S-3,
S-4, located along the
east side
of
the liquid
fertilizer
storage tank
farm, north to
south
respectively:
S-2,
21.6 mg/I;
6-3,
31.8
mg/I; S-4, 154
mg/I.
20.
Analytical
results of
samples taken
from the groundwater
monitoring
wells
indicated
the
following
nitrate/nitrite
levels:
MW-I located furthest
southeast
on the site, 101
mg/I;
and
MW-2 located
just southeast
of the tank
farm, 246 mg/I.
21.
Respondent
CPS
has caused,
allowed or
threatened the discharge
of
contaminants
to
waters of
the State so
as to
cause
or tend to cause
water pollution in
Illinois or
to
violate
the
Board’s
regulations
or standards
through the release
of liquid
fertilizer from its
White
Hall
facility to
surface
and subsurface
drainage
at the
site.
22.
The
Respondent
CPS has caused
or
allowed
contaminants to
be
deposited
upon
the
land
in
such place
and
manner
as
to
create a water
pollution
hazard through its proximity
to
a
surface
and
subsurface
drainage at
the
site.
23.
The
discharge of
contaminants from
the
Respondent’s
facility has
caused,
threatened
or
allowed
water
pollution in
that such discharges
have likely
rendered the waters
of
the
State
harmful
or
detrimental
or
injurious
to
public health, safety
or welfare,
or
to
agricultural,
10
recreational,
or other legitimate
uses,
or
to
livestock, wild
animals, birds, fish
or other aquatic
life and have likely
created a nuisance.
24.
By causing,
allowing or threatening
the
discharge
of contaminants
to
waters
of
the
State
so as to
cause
or tend to cause
water pollution
in Illinois
and/or
in violation of the
Board’s regulations
or standards, the
Respondent has
violated
Section
12(a) of the Act,
415
ILCS 5/12(a).
25.
By
depositing contaminants
upon the
land in such place
and manner as to
create
a
water pollution
hazard, the Respondent
has
violated Section 12(d)
of the Act, 415 ILCS
5/12(d).
PRAYER
FOR
RELIEF
WHEREFORE,
the Complainant,
People
of
the
State of
Illinois,
respectfully requests
that this
court grant the
following
relief:
A.
Find that Respondent,
Crop
Production Services,
Inc., has violated Section
12(a)
and (d)
of the Act,
415 ILCS 5/12(a),
(d);
B.
Order the Respondent
to cease
and desist
from
further violations of
the Act
and
associated
regulations
pursuant to section
42(e) of the Act,
415
ILCS 5/42(e);
C.
Assess against the
Respondent a
civil penalty of fifty
thousand dollars ($50,000)
for each
violation
of the Act, and an
additional penalty
of ten thousand dollars
($10,000)
for
each day during
which each
violation
has
continued thereafter;
and
11
D.
Grant such other
and
further 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, Bureau Chief
Assistant Attorney
General
Environmental Bureau
Of
Counsel
JANE E. MCBRIDE
Assistant Attorney General
500 South
Second
Street
Springfield,
Illinois 62706
217/782-9031
/
Dated:
2fOcf4
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