BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ex
ret
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
V.
Complainant,
MOHAMMAD
AKRABAWI,
d/b/a
DEERFIELD
CROSSINGS,
LLC,
Respondent.
)
)
)
)
)
)
OEVED
CLERK’S
OFFICE
AUG
26
2009
SThTE
OFILJjNO,s
POIIUtjOfl
Control
Board
)
PCB
NO.
09-131
)
(Enforcement
-
Water)
)
)
)
)
NOTICE
OF
FILING
To:
Zemeheret
Bereket-AB
Assistant
Attorney
General
Environmental
Bureau
69
West
Washington
Street
18th
Floor
Chicago,
Illinois
60602
(312)
814-3816
Division
Chief
of
Environmental
Enforcement
Office
of
the
Attorney
General
69
West
Washington
Street
18t
Floor
Chicago,
Illinois
60602
(312)
814-3816
Illinois
Pollution
Control
Board
Attn:
Clerk
James
R.
Thompson
Center
100
West
Randolph
Street
Suite
11-500
Chicago,
Illinois
60601
PLEASE
TAKE
NOTICE
that
this
26th
day
of
August,
2009,
I
filed
with
the
Office
of
the
Clerk
of
the
Illinois
Pollution
Control
Board
Respondent’s
Answer
to
Petitioner’s
Complaint,
Notice
of
Filing,
and
a
Certificate
of
Service
on
behalf
of
Respondent
Mohammad
Akrabawi,
d/b/a
Deerfield
Crossing,
LLC,
a
copy
of
which
is
attached
and
herewith
served
upon
you.
Respectfully
submitted,
MOHAMMAD
AKRABAWI,
d/b/a
DEERFIELD
CROSSINGS,
LLC
By:
Francis
X.
Lyon
Allyson
Wilcox
Olson
Bryan
Cave
LLP
161
North
Clark
Street
Suite
4300
Chicago,
Illinois
60601-3715
Telephone:
312-602-5057
Facsimile:
312-698-7457
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
ex
rel.
LISA
MAD
IGAN,
Attorney
)
<
S
OFFg
General
of
the
State
of
Illinois,
)
AUG
a
2009
Complainant,
)
PoSiTui1
°jNOIS
v.
)
PCB
NO.
09-131
)
(Enforcement
-
Water)
MORAMMAD
AKRABAWI,
)
d/b/a
DEERFIELD
CROSSINGS,
LLC,
)
)
Respondent.
)
ANSWER
TO
COMPLAINT
Respondent,
MOHAMMAD
AKRABAWI,
d/b/a
DEERFIELD
CROSSINGS,
LLC
(“Respondent”)
hereby
responds
to
the
Complaint
of
the
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ex
rel.
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
as
follows:
COUNT
I
CAUSE,
THREATEN
OR
ALLOW
WATER
POLLUTION
1.
This
Complaint
is
brought
on
behalf
of
the
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
cx
rel.
LISA
MADIGAN,
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
the
-
terms
and
provisions
of
Section
31
of
the
Illinois
Environmental
Protection
Act
(“Act”),
415
ILCS
5/31
(2006).
Response:
Respondent
states
that
415
ILCS
5/31
(2006)
speaks
for
itself.
Respondent
does
not
have
sufficient
information
to
form
a
belief
as
the
remaining
factual
allegations
in
paragraph
1,
and
Respondent
thus
denies
the
same.
Moreover,
to
the
extent
that
paragraph
I
contains
a
legal
conclusion,
no
response
is
required.
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
2.
The Illinois
EPA
is
an
administrative
agency
of the
State
of
Illinois,
created
pursuant
to
Section
4
of the
Act,
415
ILCS
5/4
(2006),
and charged,
inter
a/ia,
with
the
duty
of
enforcing
the
Act.
The
Illinois
EPA
is further
charged
with
the
duty
to
abate
violations
of
the
National
Pollutant
Discharge
Elimination
System
(“NPDES”)
Permit
Program
under
the
Federal
Clean
Water
Act
(“CWA”),
33
U.S.C.
§1342(b)(7).
Response:
Respondent
admits
that
the
Illinois
Environmental
Protection
Agency
(“illinois
EPA”)
is a
state
agency.
Respondent
further
states
that
415
ILCS
5/4
(2006)
and
33 U.S.C.
1342(b)(7)
speak
for themselves,
and no
response
is required.
3.
At
all times
relevant
to
the
complaint,
RESPONDENT,
Mohammad
Akrabawi,
d/b/a
Deerfield
Crossings
LLC,
owned
and
operated
Deerfield
Crossings,
LLC
(“LLC”)
which
is
the owner/developer
of Deerfield
Crossings
Subdivision
(“Site”).
The
Site
is 147
acres
in
size.
The
Site
is
located
at the
southeast
quadrant
of
the intersection
of
Illinois
Route
23
and
U.S.
Route
30 on
the
east
side
of the
Village
of
Waterman,
DeKalb
County,
Illinois.
The
closest
receiving
stream
to
the Site
is
Somonauk
Creek.
Response: Respondent
admits
that
it is
the current
owner
and
operator
of
Deerfield
Crossings,
LLC,
which
is
the owner/developer
of Deerfield
Crossings
Subdivision.
Respondent
further
admits
that the
site
is approximately
147 acres
in
size,
located
in
the
vicinity
of the
southeast
quadrant
of
the
intersection
of
Illinois
Route
23
and
U.S.
Route
30
on
the
east side
of
the Village
of
Waterman in DeKalb
County,
Illinois.
Respondent
does
not
have
sufficient
information
to form
a
belief
as the
remaining factual
allegations
in
paragraph
3,
and
Respondent
thus
denies
the
same.
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FILING
IS
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RECYCLED
PAPER
4.
On
March
20,
2006,
the
Illinois
EPA
received
a
Notice
of Intent
for
general
permit
to discharge
storm
water
from
construction
site activities from
Mohammad Akrabawi
for
the
Deerfield
Crossings Site.
Response: Respondent
admits
that
on
March
10,
2006
it sent
the
Illinois
EPA
a
Notice
of
Intent
for
general
permit
to discharge
storm
water
from
construction
site
activities from
Mohammad
Akrabawi
for
the
Deerfield
Crossings
Site.
5.
On April
19,
2006,
the
Illinois
EPA
issued
to
Deerfleld
Crossings
Subdivision
a
notice
of
coverage for storm
water
discharge
associated
with construction
site
activities
NPDES
Permit
No.
ILR1OFI94.
Response:
Respondent
admits
the
factual
allegations
contained
in
paragraph
5.
6.
On
March
21,
2007,
the
Illinois
EPA,
Rockford
Regional
Office
inspected
the Site
and
observed
the following:
(a)
the
letter
granting
coverage
under
the
NPDES
general
storm
water
permit
was
not
posted
for
public
viewing
at the
Site
as
required
by
the
permit;
(b)
the Site
lacked
the
proper
sediment
stabilization
required
in
the
NPDES
general
storm
water
permit;
(c)
the
berms
of the
detention
basin
located
on
the
northern
portion
of
the
Site,
and
the
discharge
channel
leading
from
the
basin
both
lacked
stabilization;
(d)
storm
water
discharge
was
leaving
the
basin,
flowing
through
a culvert
under
railroad
tracks
to
a
roadside
ditch
and
into
Somonauk
Creek;
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(e)
a
portion
of
the silt
fence
along
the
western
perimeter
of
the
Site
was
down;
and,
(f)
a portion
of the
silt
fence
on
the
eastern
perimeter
was
down
and
water
was
flowing
off-site,
over
the
downed
silt fence
into
an
adjacent
farm.
Response:
Respondent
denies
the
allegations
contained
in paragraph
6.
7.
On
June
27, 2007,
the
Illinois
EPA
issued
a violation
notice
(“\TN”)
to Respondent
citing
failure
to
comply
with
terms
and
conditions
of
the
NPDES
general
storm
water
permit
and
storm
water
violations.
Response:
Respondent
admits
that
on
or
about
June
27,
2007,
the
Illinois
EPA
issued
it
a
VN.
Respondent
denies
that
it failed
to
comply
with
terms
and
conditions
of the
NPDES
general
storm
water
permit
and further
denies
that
any
storm
water
violations
occurred
at
the
Site.
8.
On
July
20,
2007,
Respondent
responded
to
the
VN
letter
by
submitting
his
Compliance Comniitment
Agreement
(“CCA”).
Response:
Respondent
admits
that
allegations
contained
in
paragraph
8.
9.
On August
22, 2007
the
Illinois
EPA
rejected
the
CCA
due
to
the
nature
and
seriousness
of
the
violations.
Response: Respondent
admits
that
the
Illinois
EPA
rejected
the
CCA.
Respondent
does
not
have
sufficient information
to
form
a
belief
as the
remaining
factual
allegations
in
paragraph
9,
and
Respondent
thus
denies
the
same.
10.
On
September
13,
2007,
the
Illinois
EPA
conducted
a
brief
follow-up
inspection
of
the Site
and
observed
that
the
detention
outlet
from
the
north
detention
pond
was
overgrown
with
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vegetation,
observed erosion
in
the
ground
sloping
toward
the
silt
fence,
the
silt
fence
on
the
south
side
of
the
Site
was
overgrown
with
vegetation
and
the
Site
as
a
whole
was
sparsely
covered
with
weeds
rather
than
proper
ground
cover.
The Site
was
not
properly
stabilized.
Response: Respondent admits
that
on
or about
September
13,
2007,
the
Illinois
EPA
conducted
a
follow-up
inspection
of
the Site.
Respondent
denies
all
remaining
factual
allegations
in
paragraph
10.
11.
On
February 19, 2008,
the
Illinois
EPA
sent
a notice
of
intent
to
pursue
legal
action
(“NIPL’\”)
letter
to
Respondent.
Response:
Respondent
admits
that
sometime
after
February
19, 2008,
it
received
from
the
Illinois
EPA
the
NIPLA
letter.
In
so
admitting,
Respondent
does
not
admit
the
truth
or veracity
of
any
the allegations
or
conclusions
set
forth
in
the NIPLA.
12.
On
May
5, 2008,
the
Illinois
EPA
conducted
a third
inspection
of
the Site
and
again
observed
that
the
Site
was
not
properly
stabilized
and
that some
storm
sewer
inlets
were
chocked
with
vegetation
that
had
been
carried
to
the inlet
by storm
water.
Sediment
controls
were
not
maintained
and
ground
cover
was
lacking.
The
detention
pond
outlet
was
“heavily
silted”
and
weeds
were
growing
out
of
the grated
outlet.
Response:
Respondent
admits
that
on
or about
May
5,
2008,
the
illinois
EPA
conducted
a
third
inspection
of
the Site.
Respondent
denies
all remaining
factual
allegations
in
paragraph
12.
13.
Section
12(a)
of
the Act,
415
ILCS
5/12(a)
(2006),
provides
as
follows:
No
person
shall:
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(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,
whether
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.
Response: The
Section
of the
Act
cited
in paragraph
13 speaks
for
itself
and,
therefore,
no
response
is
required.
14.
Section
3.315
of
the Act,
415
ILCS
5/3.315
(2006),
provides
as follows:
“Person”
is
any
individual,
partnership,
co—partnership,
firm,
company,
limited
liability
company,
corporation,
association,
joint
stock
company,
trust,
estate,
political
subdivision,
state
agency
or any
other
legal
entity,
or
their
legal
representative,
agent
or
assigns.
Response:
The Section
of
the
Act
cited
in
paragraph
14
speaks
for
itself
and,
therefore,
no
response
is
required.
15.
Mr.
Mohammad
Akrabawi,
an individual,
and
Deerfield
Crossings
LLC
are
both
a
“person”
as
that
term
is
defmed
in
Section
3.315
of
the
Act,
415
ILCS
5/3.315
(2006).
Response:
Paragraph
15
consists
of
a legal
conclusion
to which
no
response
is
required.
16.
Section
3.545
of the
Act,
415 ILCS
5/3.545
(2006),
provides
as
follows:
“WATER POLLUTION”
is
such
alteration
of the
physical,
thermal,
chemical,
biological
or
radioactive
properties
of any
waters
of
the State,
as
will
or likely
to
create
a
niisance
or
render
such
waters
harmful
or detrimental
or
injurious
to public
health,
safety,
or
welfare,
or
domestic,
commercial,
industrial,
agricultural,
recreational,
or
other
legitimate
uses,
or
to
livestock,
wild
animals,
birds,
fish,
or
other
aquatic
life.
Response:
The
Section
of
the
Act
cited
in
paragraph
16
speaks
for
itself
and,
therefore,
no
response
is required.
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17.
Section 3.550
of
the
Act,
415
ILCS 5/3.550 (2006), provides
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
the
State.
Response:
The Section
of
the
Act
cited
in
paragraph
17
speaks
for
itself
and,
therefore,
no
response
is
required.
18.
The
detention
ponds, discharge
channels,
and
Somonauk
Creek
are
“waters,”
as
that
term
is
defined
in Section
3.550
of the
Act,
415
ILCS 5/3.550
(2006).
Response:
Paragraph
18
consists
of
a
legal
conclusion
to
which
no
response
is
required.
19.
Section
3.165
of
the
Act,
415
ILCS
5/3.165
(2006),
provides
as
follows:
“CONTAMINANT”
is
any
solid,
liquid,
or
gaseous
matter,
any
odor,
or
any
form
of
energy,
from
whatever
source.
Response:
The
Section
of
the
Act
cited
in
paragraph
19
speaks
for
itself
and,
therefore,
no
response
is
required.
20.
The
silt-laden
storm
water
runoff
from
the
Site
that
flowed
into
the
detention
ponds
and
eventually
into
Somonauk
Creek
is
a
“contaminant,”
as
that
term
is
defined
by
Section
3.165
of
the
Act,
415
ILCS
5/3.165
(2006).
Response:
Paragraph
20
consists
of
a
legal
conclusion
to
which
no
response
is
required.
21.
The
discharge
of
contaminants,
such
as
silt-laden
runoff,
from
the
Site
into
waters
of
the
State,
constitutes
“water
pollution,”
as
that
term
is
defined
by
Section
3.545
of
the
Act,
415
ILCS
5/3.545
(2006).
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Response:
Paragraph
21
consists
of a
legal
conclusion
to
which
no
response
is
required.
22.
By
allowing
disturbed
soils
to
remain
unstabilized
and without
adequate
erosion
control
protection,
Respondent
caused,
threatened
or
allowed
the
discharge
of
contaminants,
into
the
environment.
Response: Paragraph
22
consists
of
a
legal
conclusion
to which
no
response
is
required.
To
the extent
a
response
is required,
Respondent
denies
the
factual
allegations
set
forth
in
paragraph
22.
23.
By
causing,
threatening
or
allowing
discharge
of
contaminants
into
the detention
pond,
discharge
channels
and
Somonauk
Creek,
Respondent
caused,
threatened
or
allowed
water
pollution
in Illinois,
in
violation
of
Section
12(a)
of the
Act,
415
ILCS
5/12(a)
(2006).
Response:
Paragraph 23
consists
of
a legal
conclusions
to
which
no
response
is required.
To
the
extent
a
response
is required,
Respondent
denies
the
factual
allegations
set
forth
in
paragraph
23.
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF ILLINOIS,
respectfully
request that the
Board
enter
an
order
in
favor
of Complainant
and
against
Respondent
with
respect
to
this Count
I:
1.
Authorizing
a
hearing
in
this
matter
at which
time
Respondent
will
be
required
to
answer
the
allegations
herein;
2.
Finding
that
Respondent has
violated
Section
12(a)
of the
Act,
415
ILCS
5/12(a)
(2006);
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3.
Ordering
Respondent
to
cease
and desist
from any
further
violations
of
Section
12(a)
of
the Act,
415
ILCS
5/12(a)
(2006).
4.
Assessing
against
the
Respondent
a
civil
penalty
of
Fifty
Thousand
Dollars
($50,000.00)
each
for
each
and every
violation
of
the
Act, with
an additional
penalty
of
Ten
Thousand
Dollars
($10,000.00)
against
the
Respondent
for
each
day of
violation;
5.
Ordering
Respondent
to implement
adequate
erosion
control
protection
measures;
6.
Ordering
Respondent
to pay
all costs
including
attorney,
expert
witness
and
consultant
fees
expended
by
the
State
in its pursuit
of
this
action;
and
7.
Granting
such relief
as
the Board
deems
appropriate
and
just.
Response:
Paragraphs
I
through
7 of
the Prayer
for
Relief
contain
legal
conclusions
and
requests
for
relief
to which
no
response
is required.
Respondent
denies
that Petitioner
is entitled
to
the
relief
requested.
COUNT
II
CREATING
A
WATER
POLLUTION
HAZARD
1-22.
Complainant
realleges
and
incorporates
by
reference
herein
paragraph
I through
22
of
Count
I
as
paragraphs
I
through
22 of
this
Count
II.
Response:
Respondent
incorporates
by reference
its
responses
to
paragraph
I through
22
of Count
I
as if fully
set
forth
herein.
23.
Section
12(d)
of
the Act,
415
ILCS
ILCS
5/12(d)
(2006),
provides
as
follows:
No
person
shall:
3\0233543
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FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
***
*
(d)
Deposit
any
contaminants
upon
the
land
in
such
place
and
manner
so
as
to
create
a
water
pollution
hazard.
Response:
The
Section
of
the
Act
cited
in
paragraph
23
speaks
for
itself
and,
therefore,
no
response
is
required.
24.
By
grading
the
entire
147
acres
site
without
first
implementing
adequate
erosion
controls,
Respondent
allowed
silt
to
be
deposited
and
remain
exposed
at
the
Site
in
such
place
and
manner
as
to
create
a
water
pollution
hazard,
in
violation
of
Section
12(d)
of
the
Act,
415
ILCS
5/12(d)
(2006).
Response:
Paragraph
24
consists
of
a
legal
conclusion
to
which
no
response
is
required.
To
the
extent
a
response
is
required,
Respondent
denies
the
factual
allegations
set
forth
in
paragraph
24.
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
in
favor
of
Complainant
and
against
Respondent
with
respect
to
this
Count
II:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
Respondent
will
be
required
to
answer
the
allegations
herein;
2.
Finding
that
Respondent
has
violated
Section
12(d)
of
the
Act,
415
ILCS
5/12(d)
(2006);
3.
Ordering
Respondent
to
cease
and
desist
from
any
further
violations
of
Section
12(d)
of
the
Act,
415
ILCS
5/12(d)
(2006);
.3\0233543
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1() -
THIS
FILING
IS
SUBMITTED
ON
RECYCLED PAPER
4.
Assessing
against
the
Respondent
a
civil
penalty
of
Fifty
Thousand
Dollars
($50,000.00) each
for
each
and
every
violation
of the
Act,
with
an additional penalty
of Ten
Thousand
Dollars
($10,000.00)
per
day
for
each
day
violation;
5.
Ordering Respondent
to
implement
adequate
erosion
control
measures;
6.
Ordering Respondent
to
pay
all costs
including
attorney,
expert
witness
and
consultant
fees
expended
by
the State
in
its pursuit
of
this action;
and
7.
Granting
such
relief
as the
Board
deems
appropriate and just.
Response:
Paragraphs
I through
7
of the
Prayer
for
Relief
contain
legal
conclusions
and
requests
for
relief
to
which
no
response
is
required.
Respondent denies
that
Petitioner
is entitled
to
the
relief
requested.
COUNT
III
VIOLATION OF
NPDES
PERMIT
1-22.
Complainant
realleges
and
incorporates
by
reference
herein
paragraph
I
through
22
of
Count
II as paragraphs
I through
22
of
this Count
III.
Response:
Respondent
incorporates
by
reference
its responses
to
paragraph
I through
22
of
Count
II
as
if
frilly
set forth
herein.
23.
Section
12(f)
of
the
Act,
415 ILCS
5/12(f)
(2006),
provides
as
follows:
No
person
shall:
**
*
*
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(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.
Response:
The
Section
of the
Act cited
in
paragraph
23
speaks
for
itself
and,
therefore,
no
response
is
required.
24.
Section 309.102(a)
of the Board
Water
Pollution
Regulations,
35
III.
Adm.
Code
309.102(a),
titled,
NPDES
Permit
Required,
provides
as follows:
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.
Response:
The
Section of the
Act cited
in
paragraph
24
speaks for
itself
and,
therefore,
no
response
is
required.
25.
Respondent’s
General
NPDES
Permit
for
Storm Water
Discharges
from
Construction
Site Activities
No. ILR1OFI94,
Part
IV. D.2(a)
provides
in
pertinent
part
as follows:
“...stabilization measures
shall
be initiated
as
soon as practicable
in
portions
of the
site
where construction
activities
have
temporarily
or permanently
ceased,
but in
no
case
more
than 14
days
after
the
construction
activity
in
that portion
of
the site has
temporarily
or permanently
ceased.”
Response:
The
Section
of the
General
NPDES
Permit
for
Storm Water
Discharges
from
Construction
Site Activities
cited in
paragraph
25
speaks for
itself
and,
therefore,
no response
is
required.
.3\0233543
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12-
THIS
FILING IS SUBMITTED
ON
RECYCLED
PAPER
26.
During
the
September
13,
2007
inspection,
the
Illinois
EPA
inspector
observed
that
oniy
two houses
on the
147 acre
site were
built
and the
remaining
areas
of
the
Site
remained
dormant
as of
May
2008,
and
the Site
was
not stabilized
even
though
construction
activity
had
ceased.
Stabilization
measures
should
have
been
initiated
within
14
days of
the cessation
of
construction
activities
as required
by
NPDES
Permit
No. ILR10
Part
IV.D.2(a).
Response:
Paragraph
26
consists
of
a
legal
conclusion
to which
no
response
is requird.
To
the extent
a
response
is required,
Respondent
denies
the
factual
allegations
set forth
in
paragraph
26.
27.
Failure
to stabilize
the
Site
as
soon
as
possible
in portions
of
the
Site
where
construction
activities
had ceased
is a
violation
of
NPDES
Permit
ILRIOFI94
and also
a
violation
of Section
309.102(a)
of the Board
Water
Pollution
Regulations,
35 III.
Adm. Code
309.102(a).
Response:
Paragraph
27 consists
of
a legal
conclusion
to which
no
response
is required.
To
the
extent
a response
is required,
Respondent
denies
the factual
allegations
set
forth in
paragraph
27.
28.
By
failing
to take
stabilization
measures
as
called
for
by
NPDES
Permit
No.
ILRIOF194
Part
IV.D.2(a),
at
its
construction
site,
Respondent
violated
35
III.
Adm.
Code
309.l02(a)
and
Section
12(f)
of
the Act,
415
ILCS
5/12(f)
(2006).
Response:
Paragraph
28 consists
of a
legal
conclusion
to which
no
response
is
required.
To the
extent
a
response
is
required,
Respondent
denies
the factual
allegations
set forth
in
paragraph
28.
.3\0233543
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THIS
FILING
IS
SUBMIrrED
ON
RECYCLED
PAPER
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
request
that
the
Board
enter an
order
in
favor
of Complainant
and
against
Respondent
with
respect
to this
Count
III:
1.
Authorizing
a hearing
in
this
matter
at which
time
Respondent
will
be required
to
answer
the
allegations
herein;
2.
Finding
that
Respondent
has
violated
Section
12(f)
of the
Act,
415
ILCS
5/12(f)
(2006),
and
35 III.
Adm.
Code 309.102(a);
3.
Ordering
Respondent
to cease
and desist
from
any
further
violations
of Section
12(f)
of the Act,
415
ILCS
5/12(f)
(2006),
Section
309.102(a)
of
the Board
Water
Pollution
Regulations,
35
Ill. Adm.
Code
309.102(a),
and
NPDES
permit
conditions;
4.
Assessing
a civil
penalty
of Ten
Thousand
Dollars
($10,000.00)
per
day
of violation
for each
day
of
violating
Section
12(f)
of the
Act,
415
ILCS
5/12
(f) and
35
III. Adm.
Code
30
9
.l02(a)
of
the
Board
Water
Pollution
Regulations,
35 III. Adm.
Code 309.102(a);
5.
Ordering
Respondent
to
implement
adequate
erosion
control
and
protection
measures;
6.
Ordering
Respondent
to pay
all
costs
including
attorney,
expert
witness
and
consultant
fees expended
by
the
State
in its
pursuit
of this
action;
and
7.
Granting
such
relief
as the
Board
deems
appropriate
and just.
.3\0233543
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THIS
FILING
IS
SUBMITI’ED ON RECYCLED
PAPER
Response:
Paragraphs I through 7 of the
Prayer
for Relief contain legal
conclusions and
requests for relief to
which
no
response is required.
Respondent denies that
Petitioner is entitled to
the
relief
requested.
COUNT IV
NPDES PERMIT VIOLATION- FAILURE TO POST
NOTIFICATION OF
COVERAGE
1-22. Complainant
realleges and incorporates
by reference herein paragraphs 1 through 22
of
Count
III
as
paragraphs I through 22 of this Count IV.
Response: Respondent incorporates
by
reference
its responses to paragraph I through
22
of Count III as if fully set forth herein.
23.
Part ILD.2 of NPDES Permit
#ILRIOFI94 provides
as follows:
A copy of the letter of notification
of coverage
or other indication that
storm water
discharges
from the site are
covered under an NPDES
permit shall
be posted
at the
site in
a prominent place for
public viewing
(such as alongside a building
permit).
Response: The
Section of the General
NPDES Permit
for Storm
Water Discharges
from
Construction
Site Activities
cited
in paragraph
23 speaks for
itself and,
therefore, no response
is
required.
24.
During
the March
21, 2007
inspection,
a copy of
the letter
of notification
of
coverage
was not
posted
at the Site.
Response:
Respondent
denies
the allegations
contained
in paragraph
24.
25.
By
failing
to
post the
notification
of
coverage,
Respondent violated
Part
II.D.2
of
NPDES Permit
No.
1LR10F194.
.3\0233543
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15 -
THIS
FILING
IS
SUBMITTED
ON RECYCLED
PAPER
Response:
Paragraph
25
consists
of
a
legal
conclusions
to
which
no
response
is
required.
To
the
extent
a
response
is
required,
Respondent
denies
the
factual
allegations
set
forth
in
paragraph
25.
26.
By
violating
Part
ILD.2
of
the
NPDES
Permit
No.
ILRIOFI94,
Respondent
also
violated
Section
12(f)
of
the
Act,
415
ILCS
5/12(f)(2006)
and
Section
309.102(a)
of
the
Board
Water
Pollution
Regulations,
35
III.
Adm.
Code
309.102(a).
Response:
Paragraph
26
consists
of
a
legal
conclusion
to
which
no
response
is
required.
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
against
the
Respondent
Mohammad
Akrabawi,
on
this
Count
IV:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
Mohammad
Akrabawi
will
be
required
to
answer
the
allegations
herein;
2.
Finding
that
the
Respondent
has
violated
Part
II.D.2
of
its
NPDES
Permit
No.
ILRIOFI94
Permit,
Section
12(f)
of
the
Act,
415
ILCS
5/12(f)(2006),
and
Section
309.102(a)
of
the
Board
Water
Pollution
Regulations,
35
III.
Adm.
Code
309.102(a);
3.
Ordering
the
Respondent
to
cease
and
desist
from
any
further
violations
of
Part
II.D.2
of
its
NPDES
Permit
No.
ILRIOFI94,
Section
12(f)
of
the
Act,
415
ILCS
5/12(f)(2006),and
Section
309.102(a)
of
the
Board
Water
Pollution
Regulations,
35
III.
Adm.
Code
309.102(a);
4.
Assessing
against
the
Respondent,
pursuant
to
Section
42(b)(1)
of
the
Act,
a
civil
penalty
of
Ten
Thousand
Dollars
($10,000.00)
for
each
day
of
each
violation
of
Section
12(f)
of
the
Act
and
35
III.
Adm.
Code
309.102(a);
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5.
Ordering the
Respondent, pursuant
to Section
42(f) of the Act, 415 ILCS
5/42(f)
(2006), to
pay all costs expended
by the State in its
pursuit of this
action,
including
attorney,
expert
witness,
and consultant
fees; and
6.
Granting
such other relief
as the
Board
deems
appropriate and
just.
Response:
Paragraphs I through
7
of the
Prayer
for
Relief
contain legal conclusions
and
requests
for relief
to which no
response is required.
Respondent
denies that
Petitioner is
entitled
to
the
relief requested.
COUNT
V
NPDES
PERMIT
VIOLATION-
FAILURE
TO
HAVE
STORM
WATER
POLLUTION
PREVENTION
PLAN
AVAILABLE
AT THE
SITE
1-22.
Complainant
realleges
and incorporates
by
reference
herein
paragraphs
1
through
22
of
Count
IV as
paragraphs I
through 22
of this Count
V.
Response:
Respondent
incorporates
by reference
its
responses
to paragraph
1
through
22
of
Count IV
as
if fully
set forth
herein.
23.
Part
IV.B.1
of NPDES
Permit
#ILRIOFI94
provides
as
follows:
Part IV.
Storm
water
Pollution
Prevention
Plans
***
*
The
plan
shall
be signed
in
accordance
with
Part
\TLG
(Signatory
Requirements),
and
be
retained
on-site
at the
facility
which
generates
the
storm
water
discharge
in
accordance
with
Part
VLE
(Duty
to Provide
Information)
of this
permit.
.3\0233543
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17 -
THIS
FILING IS
SUBMIrTED
ON
RECYCLED
PAPER
Response:
The
Section
of
the
General
NPDES
Permit
for
Storm
Water
Discharges
from
Construction
Site
Activities
cited
in
paragraph
23
speaks
for
itself
and,
therefore,
no
response
is
required.
24.
During
the
March
21,
2007
inspection,
Respondent
did
not
maintain
on
Site
a
copy
of
the
Stormwater
Pollution
Prevention
Plan
as
required
by
NPDES
Permit.
Response:
Respondent
denies
the
allegations
contained
in
paragraph
24.
25.
By
failing
to
retain
and
post
at
the
Site
a
copy
of
the
Stormwater
Pollution
Prevention
Plan,
Respondent
Akrabawi
violated
Part
IV.B.1
of
NPDES
Permit
ILRIOFI94.
Response:
Paragraph
25
consists
of
a
legal
conclusion
to
which
no
response
is
required.
To
the
extent
a
response
is
required,
Respondent
denies
the
factual
allegations
set
forth
in
paragraph
25.
26.
By
violating
Part
IV.B.1
of
NPDES
Permit
#JLRIOF194,
Respondent
violated
Section
12(f)
of
the
Act,
415
ILCS
5/12(f)(2006)
and
Section
309.102(a)
of
the
Board
Water
Pollution
Regulations,
35
III.
Adm.
Code
309.102(a)(2006).
Response:
Paragraph
26
consists
of
a
legal
conclusions
to
which
no
response
is
required.
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
against
the
Respondent,
on
this
Count
V:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
.3\0233543
- 18
-
THIS
FILING
IS
SUBMITTED
ON
RECYCLED PAPER
2.
Finding that
the Respondent
has violated Part
IV.B.1 of NPDES
Permit
#1LR10F194,
Section 12(f)
of the
Act,
415 ILCS 5/12(f)(2006),
and Section 309.102(a)
of
the Board
Water
Pollution Regulations,
35
III. Adm.
Code 309.102(a);
3.
Ordering the Respondent
to
cease and desist from
any further violations of
Part
IV.B.1 of the General
Stormwater Permit,
Section 12(f)
of the Act, 415 ILCS
5/12(f) (2006),
and
Section
309.102(a)
of the Board Water Pollution
Regulations,
35
III.
Adm. Code 309.102(a);
4.
Assessing
against
the
Respondent,
pursuant
to Section 42(b)(1)
of the Act,
a civil
penalty of
Ten Thousand
Dollars ($10,000.00)
for each
day of each
violation
of
Section 12(f)
of
the
Act
and 35 III.
Adm. Code 309.102(a);
5.
Ordering
the Respondent,
pursuant
to Section
42(f)
of the Act,
415
ILCS
5/42(f)
(2006),
to pay all
costs expended
by the State in its
pursuit
of this action,
including
attorney,
expert
witness,
and consultant
fees; and
6.
Granting
such other relief
as
the Board
deems
appropriate
and
just.
Response: Paragraphs
I
through 7 of
the Prayer
for Relief
contain
legal
conclusions
and
requests
for
relief
to which
no
response
is required.
Respondent
denies
that Petitioner
is
entitled
to
the
relief
requested.
.3\0233543
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THIS
FILING
IS
SUBMIrrED
ON RECYCLED
PAPER
DATE:
August
26,
2009
Respectfully
submitted,
MOHAMMAD
AKRABAWI,
d/b/a
DEERFIELD
CROSSINGS,
LLC
By:______
Francis
X.
Lyons
Allyson
Wilcox
(lson
Bryan
Cave
LLP
161
North
Clark
Street
Suite
4300
Chicago,
Illinois
60601-3715
Telephone:
312-602-5057
Facsimil
.
312-698-7457
CERTIFICATE
OF SERVICE
I,
Francis
X.
Lyons,
an Attorney,
do
certify
that
I caused
to
be
served
on
this
26
th
day
of
August
2009,
the
foregoing
Notice
of Filing,
and
an Answer
to Complaint,
upon:
Zemeheret
Bereket-AB
Assistant
Attorney
General
Environmental
Bureau
69
West
Washington
Street
18th
Floor
Chicago,
Illinois
60602
(312)
814-3816
Division
Chief
of Environmental
Enforcement
Office
of the
Attorney
General
69
West
Washington
Street
18th
Floor
Chicago,
Iffinois
60602
(312)
814-3816
Illinois
Pollution
Control
Board
Attn:
Clerk
James
R.
Thompson
Center
100
West
Randolph
Street
Suite 11-500
Chicago,
Illinois
60601
via U.S.
Mail
by
placing
same
in an
envelope
bearing
sufficient
postage
with
the
United
States
Postal
Service
located
at
161
North
Clark
Street,
Chicago,
Illinois.
.3\0233543
By:
Francis
X.
Lyo
-
20 -
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER