OFFICE
OF THE ATTORNEY
GENERAL
STATE OF
ILLINOIS
Lisa Madigan
V1I’ORNEI GENERAL
April
3, 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.
Andalusia
Ventures, L.L.C.
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.
RaymondJ.
Callery
Environmental
Bureau
500
South Second
Street
Springfield, Illinois 62706
(217)
762-9031
RJC/pk
Enclosures
072009
0ti0
co$oLjZois
Ver
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
e
‘TTY:
(800) 964-3013
• Fax: (312) 814-3806
BEFORE
THE
ILLINOIS
POLLU11ON
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF
ILIJNOIS,
Complainant,
b1
vs.
)
PCB
No.
1
(Enforcement)
ANDALUSIA
VENTURES,
L.L.C.,
Respondent.
)
“‘0
%31
2009
NOTICE
OF
FILING
ILL4OS
Boa
To:
Andalusia
Ventures,
L.L.C.
do
Rick
Lee,
Registered
Agent
2102
S.E.
3
rd
Street
Aledo,
IL
61231
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 IWNOIS
LISA MADIGAN,
Attorney
General
of the
State
of Illinois
MATTHEWJ.
DUNN,
Chief
Enviro
ental
nforcement/Asbestos
Lilg
to Divi
ion
RA
MONDJ.CALLERY
Assistant Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
April 3,
2009
2
CER11FICATE
OF
SERVCE
I hereby
certify
that
I did
on
April
3,
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:
Andalusia Ventures,
L.L.C.
do
Rick Lee,
Registered Agent
2102
SE.
3
rd
Street
Aledo, IL 61231
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
RAYMO
DJ.CALLERY
Assistant
Attorney General
This
filing is submitted on
recycled paper.
BEFORE
THE
LLINOS POLLUTION
CONTROL BOARD
PEOPLE
OF THE
STATE
OF
)
LUNOIS,
Compainant,
)
vs.
)
PCB No.
9
)
(Enforcement)
ANDALUSA
VENTURES,
L.L.C,
)
A)
rlC
Respondent
)
OhlLItjon
ENTRY
OF APPEARANCE
On behalf of the Complainant,
PEOPLE OF THE STATE
OF
ILLINOIS,
RAYMOND
J.
CALLERY,
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
Environ
ental Enforcement/Asbestos
i
igation
ivis n
BY:
-,
RAYMON
J.
CALLERY
Environmental Bureau
Assistant Attorney
General
500
South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: April 3,
2009
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF ILLINOIS,
CompIanant,
)
v.
)
PCBNo.
(,
(Water
- Enforcement)
ANDALUSIA
VENTURES,
L.LC,
)
Respondent.
)
CLERSO
COMPLAINT
The PEOPLE
OF
THE STATE
OF ILLINOIS,
ex rel.
LISA
MA1rr4ral
of
the State
of Illinois,
complains
of the Respondent,
ANDALUSIA
VENTURES,
L.L.C.,
an
Illinois
limited liability
company,
as follows:
COUNT
I
WATER
POLLUTION
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
(“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 al/a,
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, Andalusia
Ventures, L.L.C. (‘Andalusia”), is an Illinois
limited
liability company whose registered agent is Rick Lee, 2102
S.
E. 3rd Street, Aledo, Illinois,
61231.
5.
Andalusia owns and is developing a residential housing area known as Fancy
Creek Crossing
Subdivision (“Fancy Creek”) located at 101st Street West and Andalusia Road
(Route 92), in Andalusia, Rock Island County, Illinois.
6.
In August 2004 Andalusia submitted a Notice of Intent
(“NOl”)
to
obtain
coverage
for the discharge of storm water at Phase I of
Fancy Creek under the general National Pollutant
Discharge
Elimination
System
(“NPDES”) permit for
construction
site activities. In October
2004 Illinois EPA issued to Andalusia
NPDES permit number ILRIOB771.
7.
The
NOl submitted by Andalusia to Illinois EPA
in
August 2004
inaccurately
stated
the total size of the
construction
site to
be 25 acres. Phase I of Fancy Creek is
approximately 35 to 40
acres.
8.
In July 2007 Andalusia
submitted
a NOl to Illinois EPA for Phase II of Fancy
Creek stating the total
size
of the
construction site to be 131 acres. In August 2007 Illinois EPA
issued to
Andalusia NPDES permit number
ILR1OI476.
9.
Storm
water
from
Fancy Creek subdivision discharges into Fancy Creek which in
turn
empties into the Mississippi River.
10.
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.
11.
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.
12.
Fancy
Creek and the
Mississippi River are ‘waters”
of
the State as that term
is
defined in Section
3.550 of the
Act,
415 ILCS 5/3.550
(2006),
as
follows:
“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.
Sections 12(a)
and
(f)
of the
Act, 415 ILCS 5/12(a) and (f) (2006), provide:
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;
* **
f.
Cause, threaten or allow the discharge of any contaminants into
the
waters of the State, as
defined herein,
including but not
limited
to,
water 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.
14.
Section 302.203 of
the
Board’s Water Pollution Regulations, 35 Ill.
Admin.
Code
302.203,
provides:
3
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.
15.
Section 309.102(a)
of
the
Board’s VVater
Pollution Regulations, 35111.
Admin.
Code
309.102(a),
provides:
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.
* * *
16.
On May 23, 2006, Illinois EPA inspected the construction
site
at
Phase I of
Fancy
Creek
and observed
that the
density of grass coverwas inadequate,
the
silt fencing was insufficient
and not
properly maintained, and substantial volumes of
sediment
were
being discharged into
Fancy Creek with
sediment
deposits
present both
at the discharge points and
downstream.
Further, the Storm Water Pollution Prevention Plan
(‘SWPPP”) and
weekly rainfall reports
were
not available onsite for inspection.
17.
On February 27, 2007, Illinois EPA re-inspected the
construction site at Phase I of
Fancy
Creek and observed that the silt fence at the
northeast corner of the hillside
behind
lots 16
through 19 to be
partially down, apparent older sediment deposits
remained in the stream and
sediment was
still entering
the storm
sewer system.
18.
On September 23,
2008, Illinois EPA re-inspected the
construction site at Phase
I of
Fancy Creek and observed that
erosion controls were inadequate for the
two storm water
retention ponds,
run-off from the southeast hillside
area was
not
being properly
controlled
and
additional erosion controls were needed
along the west side of the
construction site.
19.
On September 23, 2008,
Illinois
EPA
inspected the construction
site
at
Phase II
4
of Fancy Creek and observed that erosion
controls were
inadequate.
Sediment had been
pushed
toward the
edge of
the creek
and the slopes were barren
on
both sides of the stream. Additional
silt fencing was required and areas of fencing
were improperly installed and maintained.
Sediment
releases had occurred but no Incidents
of Noncompliance
(“ION”)
reports had been
submitted
to
Illinois EPA as
required
by
the
NPDES permit.
20.
Respondent caused, allowed or threatened to cause
water pollution
by
failing
to
provide adequate storm water
pollution controls, in violation of Section 12(a) of the Act, 415
ILCS
5/12(a) (2006).
21.
Respondent discharged sediment of
other than natural origin into the receiving
stream,
in violation of Section 12(a) of the Act, 415
ILCS 5/12(a) (2006) and 35 Ill. Admin.
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, ANDALUSIA VENTURES L.L.C;:
A.
Authorizing
a
hearing in this matter at which time the
Respondent will be required
to
answer the
allegations
herein;
B.
Finding the
Respondent has violated the Act and the 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) impose a
civil
penalty
of not
more than the
statutory
maximum; and
E.
Granting such other relief as the Board may deem
appropriate.
5
COUNT
N
NPDES PERMIT VIOLATIONS
1-19. Complainant
realleges
and
incorporates herein by
reference
paragraphs
1 through
19
of
Count I as
paragraphs 1 through
19
of this Count II.
20.
The storm water system
at Fancy
Creek constitutes a
“point
source”
as that
term
is
defined in
the
federal
Clean
Water
Act
(“CWA”):
The term “point
source”
means
any discernible,
confined
and
discrete
conveyance, including
but not limited
to any pipe, ditch,
channel,
tunnel,
conduit,
well, discrete fissure,
container,
rolling stock, concentrated
animal
feeding
operation,
or
vessel
or other floating craft,
from
which pollutants
are
or may be discharged.
33 U.S.C.A.
§
1362(14).
21.
Illinois
EPA issued NPDES
permit
ILR1OB771 based upon
the inaccurate
NOl
submitted by
Respondent
concerning Phase
of Fancy Creek.
22.
By submitting
an inaccurate
NOI
to Illinois
EPA Respondent
violated 35
Ill.
Adm. Code.
309.102(a) and Section
12(f) of the Act,
415
ILCS
5/12(f) (2006).
23:
By failing to
have available
for
inspection
onsite
the SWPPP
and
weekly
rainfall reports
concerning Phase
I of
Fancy Creek
Respondent
violated 35 III. Adm.
Code.
309.102(a) and Section
12(f) of the Act,
415 ILCS 5/12(f)
(2006).
24.
By failing to submit
ION
reports
to Illinois EPA
concerning
sediment
releases
at
Phase
II of Fancy Creek
Respondent violated
35111.
Adm.
Code 309.102(a)
and
Section
12(f)
fo
the Act, 415
ILCS 5/12(f)
(2006).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant,
the
PEOPLE OF THE
STATE OF
ILLINOIS, respectfully
request
that the
Board
enter an order
against
the
Respondent,
ANDALUSIA
VENTURES
L.L.C.:
6
A.
Authorizing a
hearing in this
matter at which
time the
Respondent will be required
to
answer the allegations herein;
B.
Finding the Respondent has violated the Act
and the 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) impose a
civil
penalty
of not more than the statutory
maximum; 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:
RAYMOND J.
CALLERY
Assistant
Attorney General
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
Dated:
April 2, 2009
7