BEFORE THE ILLINOIS POLLUTION
    CONTROL
    BOAR1ECEVED
    CLERKS
    OFFICE
    PEOPLE
    OF THE STATE OF ILLINOIS,
    )
    cp
    8
    2009
    )
    Complainant,
    )
    STATE OF
    ILUNOIS
    )
    Pollution
    Control
    Board
    v.
    )
    PCB NO. 07-81
    )
    Enforcement
    DURRE BROS. WELDING AND MACHINE
    )
    SHOP, INC , an Illinois Corporation,
    )
    )
    Respondent.
    ANSWER
    Respondent, Durre Bros. Welding and Machine Shop, Inc., by its attorney J. Reed
    Roesler of Davis &
    Campbell L.L.C., answers the Complaint 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 (“Act”), 415
    ILCS 5/31 (2004).
    ANSWER:
    Admitted.
    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 (2004), and charged, inter alia,
    with the duty
    of enforcing the Act in
    proceedings
    before the
    Illinois Pollution Control Board
    (“Board”).
    ANSWER:
    Admitted.
    1

    3.
    Durre
    Bros. Welding
    and Machine Shop, Inc. (“Durre”),
    is
    an
    Illinois
    corporation in
    good standing.
    ANSWER:
    Admitted.
    4.
    Durre is
    the
    operator of an
    industrial site (“site”), a welding and machine
    shop facility located
    at
    405
    S. Chestnut Street, Minonk, Woodford County, Illinois.
    ANSWER:
    Admitted.
    5.
    Since
    1998, Dune
    has conducted the
    following industrial activities
    at
    the
    site:
    metal
    sawing, flame
    and laser cutting, press break welding, shot blasting, drilling, spray
    washing and
    powder
    coat
    painting.
    ANSWER:
    Admitted.
    6.
    A
    one-third acre, seventeen foot deep pond on site is stocked
    with fish
    and is
    a water
    of the State.
    ANSWER:
    Admitted,
    except that the allegation that the referenced
    pond
    is a
    “water
    of the state” is a legal
    conclusion
    to
    which no answer
    is
    required.
    7.
    A smaller, approximately 400 square
    foot pond
    is also on site,
    discharges
    to
    the pond
    referenced in paragraph 6, and is also a water
    of the
    State.
    ANSWER:
    Admitted, except that the
    allegation that
    the
    referenced
    pond is a
    “water
    of the state” is a legal
    conclusion
    to which no
    answer
    is
    required.
    2

    8.
    The federal Clean Water Act
    regulates the discharge
    of pollutants from
    a
    point source
    into navigable waters and prohibits
    such point source discharges without
    an
    NPDES
    permit. The United
    States Environmental Protection
    Agency (“USEPA”)
    administers the NPDES program in
    each State unless the USEPA has
    delegated
    authority
    to do so to that
    State.
    The USEPA
    has authorized the
    State
    of Illinois
    to
    issue
    NPDES
    permits through the Illinois EPA in compliance with
    federal regulations.
    ANSWER:
    Admitted.
    9.
    Section 12 of the Act, 415 ILCS 5/12 (2004), provides the following
    prohibitions:
    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;
    ***
    (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, on in violation
    of
    any NPDES
    permit
    filing requirement established under
    Section 39(b), or in
    3

    violation
    of any regulations
    adopted by the Board or of
    any order adopted
    by the Board with respect
    to the
    NPDES
    program.
    ***
    ANSWER:
    The whole of this allegation
    is a legal conclusion to which
    no answer is
    required.
    10.
    Section 309.102(a) of the Board’s Water Pollution
    Regulations, 35111. Adm.
    Code 309.102(a), provides:
    a)
    Except
    as
    in
    compliance with the provision 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.
    ANSWER:
    The whole of this allegation is a legal conclusion to
    which no answer is
    required.
    11.
    The Respondent is a “person”
    as that term is defined under
    Section 3.315
    of
    the Act,
    415 ILCS
    5/3.315 (2004), as follows:
    “Person” is any
    individual, partnership, copartnership, firm,
    company,
    corporation,
    association, joint stock company, trust, estate,
    political
    subdivision, state agency, or
    any other legal entity, or their legal
    representative, agency or assigns.
    ANSWER:
    The whole of this allegation is a legal conclusion to
    which no answer is
    required.
    12.
    Section 3.545 of the Act, 415
    ILCS 5/3.545 (2004), provides 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
    4

    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.
    ANSWER:
    The
    whole
    of this
    allegation is
    a
    legal
    conclusion
    to
    which
    no
    answer
    is
    required.
    13.
    Section
    3.165 of the Act,
    415 ILCS
    5/3.165 (2004),
    provides the
    following
    definition:
    “Contaminant” is
    any solid, liquid,
    or
    gaseous
    matter, any odor,
    or
    any form of
    energy, from
    whatever source.
    ANSWER:
    The whole of
    this
    allegation
    is a legal conclusion
    to which
    no answer
    is
    required.
    14.
    On April 19, 2005,
    the Illinois EPA
    inspected the site.
    On that
    date,
    an active
    industrial
    storm water discharge
    was present
    on
    site.
    Wastewater
    from the
    shot blaster
    equipment was discharged
    to the stocked
    pond.
    ANSWER:
    Denied, except
    that
    the IEPA’s
    inspection on
    April 19, 2005,
    is
    admitted.
    15.
    Unpermitted
    effluent from
    a
    private
    sewage system on
    site enters the
    small
    pond. A sample
    from the small pond
    taken on
    April 19, 2005, was
    later analyzed
    and
    results demonstrated
    high levels
    of organic wastes,
    comparable
    to that of raw sewage.
    ANSWER:
    Denied,
    except the allegation
    that effluent
    from a private
    sewage
    system on site
    enters the
    small pond
    is
    admitted.
    Further,
    Respondent
    affirmatively
    states that effluent
    from
    the
    private sewage
    system is
    regulated by
    the Illinois
    Department
    of Public
    Health.
    5

    16.
    On
    or before
    April 19,
    2005,
    Respondent
    caused,
    allowed
    or threatened
    the
    discharge
    of wastewater
    from
    the
    site into
    waters
    of the
    State so
    as to cause
    or tend
    to
    cause
    water
    pollution
    by creating
    a
    nuisance
    or rendering
    such
    waters
    harmful
    or
    detrimental
    or
    injurious
    to fish or
    other aquatic
    life.
    ANSWER:
    Denied.
    17.
    On or
    before April
    19, 2005,
    Respondent
    caused,
    allowed
    or threatened
    the
    discharge
    of effluent
    containing
    high
    levels
    of
    organic
    wastes from
    the site
    into
    waters
    of
    the State
    so as
    to cause
    or tend
    to cause water
    pollution
    by
    likely
    rendering
    such
    waters
    harmful
    or detrimental
    or
    injurious
    to
    aquatic
    life.
    ANSWER:
    Denied.
    18.
    By
    so
    causing,
    allowing
    or
    threatening
    to
    cause
    water
    pollution,
    the
    Respondent
    has
    violated
    Section
    12(a) of
    the Act,
    415 ILCS
    5/12(a)
    (2004).
    ANSWER:
    The whole
    of
    this
    allegation
    is
    a
    legal
    conclusion
    to
    which no
    answer
    is
    required.
    COUNT
    II
    OPERATION
    WITHOUT
    AN NPDES
    PERMIT
    1-14. Complainant
    realleges
    and incorporates
    by
    reference
    herein paragraphs
    1
    to
    14
    of Count las
    paragraphs
    Ito 14
    of
    this
    Count
    II.
    ANSWER:
    See prior
    answers
    to
    the referenced
    paragraphs.
    6

    15.
    The following
    industrial
    activities
    conducted
    at the site fall
    under Standard
    Industrial
    Classification
    (“SIC”) code
    35, industrial machinery
    and
    equipment:
    metal
    sawing,
    flame and laser
    cutting, press break
    welding, shot
    blasting, drilling, spray
    washing
    and
    powder coat painting.
    ANSWER:
    Admitted.
    16.
    Pursuant
    to 40 C.F.R. 122.26(b)(14),
    such activities trigger
    the NPDES
    industrial storm water permit requirement.
    ANSWER:
    This is
    a
    legal
    conclusion to which no answer
    is
    required.
    17.
    On April 19, 2005, the site
    was not covered by an NPDES industrial
    storm
    water permit.
    ANSWER:
    Admitted.
    18.
    By
    conducting
    SIC code 35 industrial activities at the site, and discharging
    wastewater associated from these activities without an NPDES permit, the
    Respondent
    caused,
    threatened or allowed the discharge of any contaminant into the waters
    of the
    State
    in violation of Section 12(f) of the Act, 415 ILCS 5/12(f) (2004).
    ANSWER:
    The whole of this allegation is a legal conclusion
    to
    which
    no
    answer is
    required.
    7

    COUNT
    Ill
    WATER
    POLLUTION
    HAZARD
    1-14. Complainant
    realleges
    and
    incorporates
    herein
    by reference
    paragraphs
    1
    through
    14
    of Count
    las paragraphs
    1 through
    14
    of this Count
    Ill.
    ANSWER:
    See
    prior answers
    to the referenced
    paragraphs.
    15.
    On
    or before
    April
    19, 2005,
    the
    site
    discharged
    wastewater
    from its
    wash
    line onto
    the land
    surface
    on
    the north
    side of the
    facility.
    ANSWER:
    Admitted.
    16.
    The
    Respondent
    therefore
    caused
    or allowed
    wastewater,
    a
    contaminant,
    to
    remain
    on land surfaces
    on
    site in
    close proximity
    to the
    ponds
    on site.
    ANSWER:
    Denied.
    17.
    The Respondent
    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 waters
    of the
    State,
    thereby
    violating
    Section
    12(d)
    of the
    Act, 415
    ILCS 5/12(d)
    (2004).
    ANSWER:
    The
    whole of
    this allegation
    is a
    legal conclusion
    to
    which
    no
    answer
    is
    required.
    8

    COUNT
    IV
    LAND
    POLLUTION
    VIOLATIONS
    1-7.
    Complainant
    realleges
    and
    incorporates
    by reference
    herein
    paragraphs
    1
    through
    5
    and
    14
    of
    Count
    I,
    and paragraph
    15
    of Count
    III,
    as
    paragraphs
    I through
    7
    of
    this
    Count
    IV.
    ANSWER:
    See
    prior
    answers
    to the
    referenced
    paragraphs.
    8.
    Section
    21 of
    the Act,
    415
    ILCS
    5/21 (2004),
    provides,
    in
    pertinent
    part,
    as
    follows:
    No
    person
    shall:
    (a)
    Cause
    or allow
    the
    open
    dumping
    of any
    waste.
    (d)
    Conduct
    any
    waste-storage, waste-treatment,
    or waste-disposal
    operation:
    (1)
    without
    a permit
    granted
    by
    the
    Agency
    or
    in
    violation
    of any
    conditions
    imposed
    by
    such
    permit;
    ***
    (2)
    in violation
    of any
    regulations
    or
    standards
    adopted
    by the
    Board
    under
    this Act;
    ***
    (e)
    Dispose,
    treat,
    store
    or
    abandon
    any
    waste,
    or transport
    any
    waste
    into
    this State
    for
    disposal,
    treatment,
    storage
    or
    abandonment, except
    at
    a
    site
    or
    facility
    which
    meets
    the
    requirements
    of this
    Act
    and
    of regulations
    and
    standards
    thereunder.
    ANSWER:
    The
    whole
    of
    this
    allegation
    is a
    legal
    conclusion
    to
    which
    no
    answer
    is
    required.
    9

    9.
    Section
    3.305
    of the Act, 415
    ILCS 5/3.305
    (2004),
    provides
    as
    follows:
    “Open dumping”
    means
    the consolidation
    of refuse
    from one or
    more
    sources at a disposal
    site
    that does not fulfill
    the
    requirements of a
    sanitary landfill.
    ANSWER:
    The
    whole of
    this allegation is
    a legal conclusion
    to which no
    answer
    is
    required.
    10.
    Section
    3.535
    of the Act, 415
    ILCS
    5/3.535 (2004), provides
    as follows:
    “Waste” means
    any garbage, sludge
    from a waste treatment
    plant,
    water supply treatment
    plant,
    or
    air
    pollution
    control
    facility or other
    discarded material,
    including solid,
    liquid, semi-solid,
    or contained
    gaseous material resulting
    from
    industrial, commercial,
    mining and
    agricultural operations,
    and from community
    activities.
    ANSWER:
    The whole of this
    allegation is
    a
    legal conclusion
    to which no
    answer
    is
    required.
    11.
    On or
    before
    April 19, 2005,
    and continuing
    through a date
    better known
    to
    Respondent,
    Durre caused
    or allowed the open
    dumping
    of waste at
    the site through the
    consolidation
    and land
    application
    of industrial
    liquid waste.
    The site is not
    permitted by the
    Illinois
    EPA as a
    sanitary landfill
    nor does
    the
    site meet the
    requirements
    of
    the Act and of
    the
    regulations
    and
    the
    standards
    promulgated
    thereunder.
    ANSWER:
    Denied.
    12.
    By causing
    or allowing
    the open dumping
    of waste,
    Durre violated Section
    21(a)
    of the
    Act,
    415
    ILCS 5/21(a)
    (2004).
    ANSWER:
    The
    whole
    of
    this allegation is a
    legal conclusion
    to
    which no answer
    is
    required.
    10

    13.
    By
    disposing of waste
    at
    a
    site that is not
    permitted
    by the
    Illinois
    EPA
    as a
    sanitary
    landfill, Durre violated
    Section
    21(d)(2) of the
    Act, 415 ILCS
    5121(d)(2) (2004).
    ANSWER:
    The
    whole of this
    allegation is
    a legal conclusion
    to which no answer
    is
    required.
    14.
    By
    disposing of waste at
    a
    site
    that does not meet the requirements
    of
    the
    Act and of the regulations and the
    standards promulgated thereunder, Durre
    violated
    Section 21(e) of the Act, 415 ILCS
    5/21(e) (2004).
    ANSWER:
    The
    whole of this allegation is
    a
    legal conclusion
    to which no answer is
    required.
    COUNT V
    USED OIL MANAGEMENT STANDARD VIOLATIONS
    1-6.
    Plaintiff
    realleges
    and
    incorporates
    by
    reference herein paragraphs I through
    5
    and 14 of Count I as
    paragraphs I through 6 of this Count
    V.
    ANSWER:
    See prior
    answers
    to
    the referenced paragraphs.
    7.
    Section 739.122 of
    the Pollution Control Board’s Standards for the
    Management of
    Used Oil, 35 III. Adm. Code
    739.122, provides
    as
    follows:
    Used
    Oil Storage
    ***
    c)
    Labels.
    1)
    Containers and aboveground tanks used to store used oil at
    generator facilities must be labeled or marked clearly with the words
    “Used
    Oil.”
    ANSWER:
    The
    whole of
    this
    allegation
    is a
    legal conclusion
    to
    which no answer
    is
    required.
    11

    8.
    On
    April
    19,
    2005,
    containers
    that
    stored
    used
    oil
    were
    not
    labeled
    with
    the
    words
    “used
    oil.”
    ANSWER:
    Admitted.
    9.
    By
    storing
    containers
    filled
    with
    used
    oil without
    clearly
    labeling
    them
    as
    to
    the
    containers’ contents,
    the
    Respondent
    violated
    Section
    739.122
    of the
    Pollution
    Control
    Board’s
    Standards for
    the
    Management
    of
    Used
    Oil,
    35
    III. Adm.
    Code
    739.122.
    ANSWER:
    The
    whole
    of
    this
    allegation
    is
    a
    legal
    conclusion
    to
    which
    no answer
    is
    required.
    DAV
    &
    CAMPBELL
    L’L.C.
    /
    //
    /
    /
    /1’
    /
    \
    /
    -
    )
    J.\ReedRoler
    /
    D4vis4
    Campbell
    L.L.C.
    /
    41 Main
    Street,
    Suite
    1600
    Poria,
    Illinois
    61602-1241
    Tle:
    (309)
    673-1681
    Fax:
    (309)
    673-1690
    -
    /
    00013241
    12

    BEFORE
    THE
    ILLINOIS POLLUTION
    CONTROL
    BOARD
    DURRE BROS. WELDING
    AND
    MACHINE
    SHOP,
    INC., an Illinois Corporation,
    )
    )
    )
    )
    PCB
    NO. 07-81
    Enforcement
    CERTIFICATE
    OF SERVICE
    I certify that I filed and
    served the Respondent’s
    Answer
    by by depositing a copy
    of
    the same in envelopes addressed
    to:
    Carol Webb
    Hearing Officer
    Illinois Pollution
    Control Board
    1021
    North Grand Avenue East
    P0 Box 19724
    Springfield, IL 62794-9274
    Christine
    Zeivel
    Office of the
    Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, IL
    62706
    and by depositing the original in an envelope addressed
    to:
    John T. Therriault
    Illinois Pollution Control Board
    James
    R.
    Thompson
    Center
    100 W. Randolph Street, Suite 11-500
    Chicago, IL 60601
    and by
    depositing those envelopes in the
    U.S. Mail
    fully prepaid, this
    1frday
    of September
    00013241
    PEOPLE OF THE
    STATE
    OF ILLINOIS,
    Complainant,
    V.
    )
    )
    )
    )
    )
    )
    Respondent.
    first-class
    postage
    Reed Roes ler
    13

    DAVIS
    &
    CAMPBELL L.L.C.
    FILE NUMBER:
    30612-003
    September 24, 2009
    401 MAIN STREET
    SUITE
    1600
    PEORIA, ILLINOIS
    61602-1241
    TEL:
    (309)
    673-1681
    FAX:
    (309)
    673-1690
    www. dcarnplaw. corn
    ECEvED
    CLERKS
    OFFICE
    SEP
    2
    82009
    Mr. John T. Therriault
    Illinois Pollution
    Control Board
    James
    R. Thompson Center
    100
    W. Randolph Street, Suite 11-500
    Chicago,
    IL 60601
    Re:
    People
    v. Durre Bros. Welding and
    Machine
    Shop,
    Inc.
    PCB No. 07-8 1
    Dear Mr. Therriault:
    Enclosed is
    the original
    and one (1)
    above. Please file the original and
    addressed stamped envelope
    JRRJsra
    Enclosures
    cc:
    Carol Webb
    Hearing Officer
    Illinois
    Pollution Control Board
    1021
    North
    Grand Avenue East
    P0 Box 19724
    Springfield, IL 62794-9274
    00014153. WPD
    STATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    of Respondent’s
    Answer in the matter referred
    to
    to
    me in the enclosed
    self-
    Roesler
    Zeivel
    of the Attorney General
    Environmental
    Bureau
    500
    South Second Street
    Springfield,
    IL 62706
    PEORIA, ILLINOIS
    CHICAGO, ILLINOIS
    WASHINGTON,
    D.C.

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