JUL
31
21109
STATE
OF
ILLlNof
OFFICE
OF
THE
ATI’ORNEY
GENERALPOIIUtIOn
Control
Soarci
STATE
OF
ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
July
30,
2009
John
T
Therriau!t.
Assi-nt
C!car
Illinois
Pollution
Control
Board
—
I
James
R.
Thompson
Center,
Ste.
11-500
L—
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v. Hicks
Oils
&
Hicks
gas,
Inc.
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,
1b
L
Michael
D.
Mankowski
4
%’
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
MDM/pjk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
• (217)
782-1090
• ‘PFY:
(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)
HICKS
OILS & HICKSGAS,
INC.,
)
an Indiana
corporation,
)
Respondent.
NOTICE OF
FILING
To:
Hicks
Oils
&
Hicksgas,
Inc.
29
do Elizabeth
Harvey
Swanson, Martin
&
Bell,
Ltd.
330
North Wabash,
Suite 300
Chicago,
IL
60611
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
Enionmenta
Enfcmt/Asbst
LWgat2io1
MICHAEL
D. MANKOWSKI
Assistant
Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
July 30,
2009
2
CERTIFICATE OF SERVICE
I hereby
certify that I did on July 30,
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:
Hicks Oils &
Hicksgas, Inc.
do
Elizabeth
Harvey
Swanson,
Martin &
Bell, Ltd.
‘flfl
Whach Suite
300
Chicago, IL
60611
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.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
)
ILLINOIS,
Complainant,
vs.
)
PCB
No.
-‘
)
(Enforcement)
ERK’S
°PiCE
HICKS
OILS
&
HICKSGAS,
INC.,
)
JUL
-
an
Indiana
corporation,
)
£009
SThTEO
Respondent.
)
Con
ENTRY
OF
APPEARANCE
On
behalf
of the Complainant,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
MICHAEL
D.
MANKOWSKI,
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
BY:___________________________
I1ICHAEL
D.
MANKOWSKI
Environmental
Bureau
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July
30,
2009
BEFORE
THE
ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF
THE
STATE
OF
ILLINOIS,
)
ex
rel.
LISA
MADIGAN,
Attorney
General
of
the
Ste
of
Illinois,
)
)
Complainant,
)
v.
)
PCBNO.
HICKS
OILS
&
HIC
KSGAS,
INCORPORATED,
)
an
Indiana
corportion,
)
Respondent.
)
‘3
2uuJ
6
,‘
CQ”
COMPLAINT
The
PEOPL OF
THE
STATE
OF ILLINOIS,
by
Lisa
Madigan,
Attorney General of the
State
of
Illinois,
cor
ilain
of
Respondent,
HICKS
OILS
&
HICKSGAS, INCORPORATED,
as
follows:
COUNT
I
GROUNDWATER
POLLUTION
1
This
ount
is
brought
on behalf
of
the
People
of
the
State
of
Illinois,
by
Lisa
Madigan,
Attorney
eneraI
of
the
State
of
Illinois,
on
her
own
motion
and
at the
request
of
the
Illinois
Environmer
l
Protection
Agency
(“Illinois
EPA”),
pursuant to
Sections
42(d)
and
(e)
of
the
Illinois
Environ
ental
Protection
Act
(‘Act”),
415
ILCS
5/42(d),
(e).
2.
The
flinois
EPA
is
an
agency
of the
State
of
Illinois
created by
the 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
Count
is
brought
pursuant
to
Section
31
of the
Act,
415
ILCS
5/31,
after
providing
the Respondent,
Hicks
Oil
&
Hicksgas,
Incorporated,
with
notice
and
the
opportunity
to
meet
with
the
Illinois
EPA.
I
4.
The
Respondent, Hicks Oil & Hicksgas, Incorporated, (‘Hicks Oils”) is an
Indiana
corporation,
registered
and in good standing with the Illinois Secretary of State.
5.
The Respondent is
a
retailer
of bulk petroleum
products and liquefied gas
and
at
all times relevant to this Complaint, has owned and operated a bulk petroleum storage and
transfer facility located at 1118 Wesley Road, just northwest
of
State
Highway 29 in Creve
Coeur,
Tazewell
County,
Illinois
(“site
or
facility”).
6.
Located on the site are the retention dikes from five (5)
previously removed
bulk
petroleum storage tanks and two
partially disassembled distribution pipelines
previously
used
to
transfer
petroleum produces from a barge terminal on the
Illinois river to the storage tanks.
Also
present are an office
building,
warehouse,
and loading rack
area where employees filled
tanker trucks for
transport of petroleum products to
customers.
7.
Section
12(a) of the Act, 415 ILCS
5/12(a) (2006),
provides 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), contains the
following
definition:
“CONTAMINANT” is any
solid, liquid, or
gaseous matter, any
odor, or any form
of
energy, from whatever
source.
9.
Section 3.170 of the Act,
415 ILCS 5/3.170
(2006), contains the
following
definition:
“CONTAMINATION” or
“CONTAMINATE”,
when used in
connection with
groundwater, means
water pollution of such
groundwater.
2
10.
Section
3.545
of
the Act,
415
ILCS
5/3.545
(2006),
contains
the
following
definition:
‘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.
11
Section
3.550
of the
Act,
415 ILCS
5/3.550
(2006),
contains
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.
12.
Section
3.210
of the
Act,
415 ILCS
5/3.210
(2006),
contains
the
following
definition:
“GROUNDWATER”
means
underground
water
which occurs
within
the
saturated
zone
and
geologic
materials
where
the fluid
pressure
in
the pore
space
is equal
to
or greater
than
atmospheric
pressure.
13.
Section
620.115
of the
Illinois
Pollution
Control
Board’s
(“Board”)
Groundwater
Regulations,
35111.
Adm.
Code
620.115,
prohibits
offensive
conditions
in waters
of the
State:
No
person
shall
cause,
threaten
or allow
a
violation
of the Act,
the
Illinois
Groundwater
Protection
Act
[415
ILCS
55] or
regulations
adopted
by
the
Board
thereunder,
including
but not
limited
to this
Part.
14.
Section
620.405
of the
Board’s
Groundwater
Regulations, 35111.
Adm. Code
620.405,
provides
a
general
prohibition
against
violations
of Groundwater
Quality
Standards
as
follows:
No
person
shall
cause,
threaten
or allow
the
release
of any
contaminant
to
groundwater
so
as to
cause
a groundwater
quality
standard
set forth
in this
Subpart
to be
exceeded.
15.
Section
620.410
of
the
Board’s
Groundwater
Regulations,
35
Ill.
Adm. Code
620.410,
provides
the
Groundwater
Quality
Standards
for
Class
I: Potable
Resource
3
Groundwater
as follows:
b)
Organic
Chemical
Constituents
Except
due
to
natural
causes
or
as
provided in
Section 620.450
or
subsection (C), concentrations
of
the
following
organic
chemical
constituents
shall
not be
exceeded
in
Class
I
groundwater:
Constituent
Standard
(mq/L)
Benzene*
0.005
***
*Denotes
a
carcinogen
16.
On information and
belief,
in
2001,
the
Respondent
removed
the
five
(5)
petroleum
storage
tanks,
the
loading
rack,
and
the
majority
of
the piping
between
the
tanks
and
the
loading
area.
17.
On information
and belief,
in 2001,
the
Respondent
hired
an
engineering firm
to
conduct
remediation
work
at
the
site.
18.
On information and
belief,
in May
of
2002,
the
engineering
firm
tested
a sample
of
groundwater
from
monitoring
well
number
three
(3),
located
at
the
site.
Analysis
of
the
sample
showed
a
benzene
concentration
of
1.080
milligrams
per
liter (‘mg/I”).
19.
On
February
24, 2004,
the Respondent
submitted
to
the Illinois
EPA
Division
of
Water
Pollution
Control
a
Coordinated
Review
Of Permit
Application
Fact
Sheet
and
Memorandum
containing
laboratory
results
collected
by the
Defendant from
on-site
monitoring
wells.
The
results
showed
high
levels
of
benzene,
including
the
concentration of
1.080
mg/F
found
in monitoring
well number
three
(3).
20.
Benzene
is a
contaminant
as
defined
in
Section
3.165
of the
Act,
415
ILCS
5/3.165
(2006).
21.
The
facility
is
located
in
an
area where
the
groundwater
has
an intrinsically
high
vulnerability
to
contamination
due
primarily
to
geological
conditions,
including
permeable
soils
and a
high
infiltration
rate
of
groundwater
recharge.
The
groundwater is
presently
utilized
as
an
4
aquifer and source of drinking
water for
local
residences
and is
therefore
a
Class I resource
groundwater.
22.
By
causing
or allowing the discharge of contaminants to
groundwater
so as to
exceed the Board’s Groundwater Quality Standards for
a
Class
I
resource groundwater,
and
to
thereby render such water harmful or detrimental
or
injurious
to
public
health, safety or welfare,
or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate uses,
the
Respondent has
violated
Sections 12(a) of the Act,
415 ILCS 5/12(a) (2006), and
35111.
Adm.
Code 620.115,
620.405
and
620.410.
PRAYER FOR
RELIEF
WHEREFORE, the Complainant, the
People of the state of
Illinois, respectfully requests
that
the Board
enter
an
order against the Respondent
Hicks Oil & Hicksgas,
Incorporated:
A.
Authorizing
a
hearing in this matter at
which time the
Respondent will be
required
to
answer the
allegations herein;
B.
Finding that Respondent
Hicks Oil &
Hicksgas,
Incorporated has violated
the
Act
and
regulations
as
alleged herein;
C.
Ordering Respondent
Hicks Oil &
Hicksgas,
Incorporated to
cease
and
desist
from
any
further violations of the
Act and associated
regulations;
and
5
D.
Assessing
against
Respondent
Hicks Oil
&
Hicksgas,
Incorporated
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,
pursuant
to
Section
42(a)
of
the Act, 414
ILCS 5/42(a).
Respectfully
submitted,
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
MICHAEL
D.
MANKOWSKI
Attorney
I.D.
#06287767
500
South
Second
Street
Springfield,
Illinois
62706
21
7/557-0586
Dated:
7
(‘2
ja
7
6