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.