Wednesday, March 31, 2010

Illinois EPA Refers Alleged Stormwater Dischargers to Attorney General for Enforcement

The Illinois Environmental Protection Agency has asked the Illinois Attorney General's Office to file an enforcement action against the owners of an ethanol plant located at 23029 E. County Highway 6 in Canton, Fulton County, Illinois, and companies associated with an adjacent grain operations/storage site.

According to the Illinois EPA, an inspection revealed "that both of the sites were discharging contaminated stormwater entering a small lake approximately 11 acres in surface area on the Riverland property.  No fish were evident in the small lake, which has odorous black solids and sludge deposits and a delta of distillers grain solids, but at least 50 dead turtles were found.  Following the March 12 inspection, an ethanol plant employee removed a beaver dam that had been blocking the small lake outlet, lowering the water level and resulting in a slug of contaminated water entering the larger lake that is approximately 37 acres in surface area."

The Illinois EPA alleges that the owners of these facilities "have violated the Illinois Environmental Protection Act by allowing the discharge of runoff from rotting corn condensate and leachate, stockpiled ash (from the power station) and corn milling products."  EPA requests that the Attorney General’s Office seek a court order requiring the owners of the facilities "to clean up contamination on the ground and cease all contaminated discharges; plug an outfall from the small lake to the larger lake and install aeration in both lakes; remove sludge deposits from the small lake; and remove the 2.3 million gallons of wastewater at the ethanol plant and transport it for proper treatment, obtaining all required Illinois EPA permits.  The Illinois EPA is also recommending that civil penalties be sought."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, March 30, 2010

Six Weeks of Intensive Sampling Leads to Discovery of Zero Asian Carp

On March 29th, the Asian Carp Regional Coordinating Committee gave an update on sampling in Chicago-area waterways to find out if Asian carp have eluded an electric barrier designed to block their path to Lake Michigan.  After six weeks of sampling, no Asian carp were discovered:

"Over the last six weeks, field crews from the Illinois Department of Natural Resources (DNR), U.S. Fish and Wildlife Service (Service) and U.S. Army Corps of Engineers intensively sampled throughout the entire Chicago Area Waterway System and no Asian carp were observed or collected. . . .

Field crews set approximately 5.6 miles of net and sampled for a total of 60 hours using electrofishing gear in the main channels, barge slips, marinas and other offchannel areas.  Species collected in highest abundance were common carp (1,000) and gizzard shad (+1,000).  Other species observed or collected included bluntnose minnow, drum, pumpkinseed sunfish, largemouth bass, northern pike, channel catfish, yellow perch, green sunfish and yellow bullhead.  All fish collected were returned to the channel."

Plans are being developed to continue monitoring for Asian carp over the next three months.  Previous monitoring efforts have yielded one Asian carp and the discovery of Asian carp DNA.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Friday, March 26, 2010

Chicago Ranks Fifth in Number of Energy Star-Labeled Buildings

According to the U.S. EPA, Chicago ranked fifth on a list of U.S. metropolitan areas with the largest number of energy-efficient buildings that earned EPA’s Energy Star in 2009.  Chicago now has 134 Energy Star-labeled buildings, up from 125 last year when it was sixth on the list.  Almost 60 million square feet of floor space in the Chicago area is in Energy Star-labeled buildings.  EPA says that, by adopting Energy Star standards, these buildings prevented greenhouse gas emissions equal to the emissions of more than 44,500 homes a year.

EPA awards the Energy Star to commercial buildings that perform in the top 25 percent of buildings nationwide compared to similar buildings.  These buildings typically use 35 percent less energy and emit 35 percent less carbon dioxide into the atmosphere than average buildings.

Rounding out the top ten on EPA's list are: (1) Los Angeles, (2) Washington, D.C., (3) San Francisco, (4) Denver, (5) Chicago, (6) Houston, (7) Lakeland, Florida, (8) Dallas-Fort Worth, (9) Atlanta, and (10) New York City.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, March 25, 2010

Settlement of State Enforcement Action Against Operator of CCDD Facility

On March 18th, the Illinois Pollution Control Board accepted the settlement in People v. Western Sand & Gravel Co., No. PCB 10-022, which concerned the defendant's Clean Construction or Demolition Debris ("CCDD") Facility at the intersection of 178 and I-80 in La Salle County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to: (1) conduct visual inspections, inspections with a photo ionization detection ("PID") instrument for each incoming load, and discharge inspections of at least one randomly selected load delivered to the facility each day, (2) failing to retain records evidencing that a load checking program is being used at the facility, (3) failing to properly train its personnel at the facility to identify material that is not CCDD, and (4) failing to keep and maintain a calibrated PID instrument at the facility for checking loads of CCDD.  The State also alleged that the defendant failed to (1) restrict unauthorized vehicular access to the working face of the facility and (2) post a permanent sign at the entrance to the facility stating that only CCDD is accepted for use as fill.  The State also alleged that the defendant failed to maintain an operating record at the facility.

Under the terms of the settlement, the defendant neither admits nor denies the alleged violations but agrees to pay a civil penalty of $3,120.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, March 24, 2010

IL Department Of Public Health Tells Residents of Rockford Mobile Home Park To Test Their Water

On March 23rd, the Illinois Department of Public Health warned residents who obtain their drinking water from private wells in the GEM Suburban Mobile Home Park (MHP) area in Rockford, Winnebago County, Illinois to test their water for possible groundwater contamination.  IDPH stated that "routine testing of the GEM Suburban Mobile Home Park community water supply wells by the Illinois Environmental Protection Agency indicates contaminants could be present in the area’s private wells."

Specifically, "the contaminant trichloroethylene was detected at levels lower than the Illinois Groundwater Standard.  Although the contaminant’s levels were lower than the standard, this is the same groundwater that serves private wells and it is possible the levels of the contaminants may be higher in private wells."

For more information, including a list of certified testing laboratories, IDPH recommends contacting: (1) Clay Simmonson, clay.simmonson@illinois.gov, Illinois Department of Public Health Rockford Regional Office, 4302 N. Main St, Rockford, IL. 61103, phone (815) 987-7511 or (2) Todd Marshall, tmarshall@wchd.org, Winnebago County Health Department, 401 Division Street, Rockford, IL 61104, phone (815) 720-4118.

Despite its warnings, IDPH states that "no violations of state or federal drinking water standards have occurred at GEM Suburban MHP."
 
Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, March 23, 2010

Penalty of $7,500 Against Operator of Open Dump Imposed by IL Pollution Control Board

On March 18th, the Illinois Pollution Control Board imposed a penalty on an administrative citation filed in County of Ogle v. Haan, No. AC 10-16, which dealt with the Mt. Morris Estates Trailer Park in Ogle County, Illinois.

The County alleged that the defendant, who operated the trailer park, violated the Illinois Environmental Protection Act by causing or allowing open dumping resulting in litter, open burning and deposition of construction or demolition debris.

To contest an administrative citation, a defendant must file a petition with the Pollution Control Board no later than 35 days after being served with the administrative citation. If the defendant fails to do so, the Pollution Control Board must find that the defendant committed the violations alleged and impose the corresponding civil penalty.

Because the defendant failed to file a petition with the Pollution Control Board, the Board found that the defendant committed the alleged violations and imposed a $7,500 penalty.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, March 22, 2010

U.S. Supreme Court Rejects Michigan's Asian Carp Argument for a Second Time

As reported previously on this blog, the State of Michigan renewed its request, last month, to the U.S. Supreme Court for a preliminary injunction that would have immediately closed Chicago-area locks to protect against Asian carp.  Today, the Supreme Court rejected that renewed motion in a one sentence order.

This does not mean that the court battle over Asian carp is over--far from it.  Although the Supreme Court ruled that a preliminary injunction is not warranted at this time, the Court could eventually rule on the merits that an injunction is appropriate.  It will just take a lot longer than Michigan and its allies would like.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Sunday, March 21, 2010

Court Rules Damages Not Recoverable When Plaintiffs Left Home Due to Mold

In Mayer v. Chicago Mechanical Services, Inc., No. 2-09-0239, the Appellate Court of Illinois, Second District, ruled that residents are not entitled to compensation for being forced to leave their homes due to mold.

One of the defendants, Chicago Mechanical Services, installed a heating and air conditioning system in a condominium unit occupied by two of the plaintiffs.  The plaintiffs alleged that the heating and air conditioning system was defective and caused mold growth, which rendered the unit uninhabitable for an extended period of time.  The plaintiffs claimed that they were entitled to compensation for the discomfort and inconvenience associated with being displaced from their homes.

The court ruled that the relief plaintiffs requested--damages for inconvenience and discomfort associated with temporary housing arrangements--were not recoverable as a matter of law:

"In essence, plaintiffs' theory of damages is rooted more in the sentimental attachment to their homes than in the tangible comforts and conveniences of living in those homes.  At oral argument, plaintiffs' attorney contended that one's home is a unique environment for which there can be no substitute and that damages for discomfort and inconvenience are appropriate no matter how luxurious the alternative quarters might be.  By virtue of this reasoning, one could seek recompense for displacement without regard to his or her actual living conditions.  We cannot subscribe to such a sweeping view.  The type of harm for which plaintiffs seek recovery is simply too nebulous to serve as a basis for an award of damages."

Under prior precedent, Illinois courts have allowed damages were the plaintiff suffered discomfort and inconvenience while they continued to occupy their property.  However, the court in Mayer refused to extend this theory of damages to a case where plaintiffs sought compensation for inconvenience and discomfort resulting from being forced to leave their homes.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, March 20, 2010

IDOT to Pay $100,000 to Settle Federal Enforcement Action

On March 18th, the U.S. Environmental Protection Agency announced the settlement of an enforcement action against the Illinois Department of Transportation concerning the Route 22/12 project in Lake Zurich, Illinois.

U.S. EPA alleged that IDOT violated water quality standards and failed to maintain proper erosion controls, conduct inspections, and maintain proper records.  Under the terms of the settlement, IDOT corrected the problems at the site and paid a penalty of $100,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, March 18, 2010

Settlement of Federal Enforcement Action Alleging Safe Drinking Water Violations

On March 16th, the U.S. Environmental Protection Agency provided notice in the Federal Register of the lodging of a consent decree in United States v. Evenhouse Enterprises, Inc., No. 10–CV–2056 (C.D. Ill.), which concerned two separate community water systems serving the Skyview subdivision mobile home park and the Windmill estate subdivision mobile home park, both of which are located in Kankakee County, Illinois.  EPA alleged that the defendant failed to comply with the monitoring, reporting, public notification, and record-keeping requirements of the National Primary Drinking Water Regulations.

Under the terms of the consent decree, the defendant must must pay a total civil penalty of $20,000.  Also, the defendant will be required to take samples from its public water system to monitor for various contaminants and provide the results to the EPA on a quarterly basis; to prepare and distribute Consumer Confidence Reports; to provide public notification of any violations found in its monitoring process; and to obtain a Responsible Person in Charge and Certified Operator for Skyview and Windmill.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, March 16, 2010

Environmental Register for February 2010

The Illinois Pollution Control Board has issued its Environmental Register publication for February 2010.

The Environmental Register features a letter from Chairman Girard, an appellate court update, a rulemaking update, a summary of actions of the Board, a summary of new cases, and the Board's calendar.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, March 15, 2010

Proposed Legislation Would Ban Perc in Drycleaning

Under a bill proposed by Representative Julie Hamos (HB6115), the State of Illinois would phase out and ultimately ban the use of perchloroethylene ("perc") in drycleaning.  The bill would mandate as follows:

1) Beginning January 1, 2011, no person shall install a drycleaning machine that uses perchloroethylene.

2) Beginning January 1, 2013, no person shall use perchloroethylene in drycleaning that is conducted in (i) a building that contains a residence or (ii) a facility that shares a common wall, floor, or ceiling with a residence.

3) Beginning January 1, 2013, no person shall use a drycleaning machine that uses perchloroethylene if the machine is 15 years old or older based on its date of manufacture.

4) Beginning January 1, 2026, no person shall use perchloroethylene in drycleaning.

The bill would impose taxes on perc and require the tax money to be deposited into a grant account to be used, subject to certain limitations, to establish a demonstration program to showcase green solvent drycleaning technologies and provide grants to encourage a transition to use of those technologies.

According to U.S. EPA, perc has been linked to neurological, liver, and kidney problems in humans.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Sunday, March 14, 2010

EPA Reports that U.S. Greenhouse Gas Emissions Rose 14% from 1990 to 2008

U.S. EPA has released its global warming document entitled "Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 – 2008."  In this document, EPA reported on domestic greenhouse gas emissions:

"In 2008, total U.S. greenhouse gas emissions were 6,946.1 Tg CO2 Eq. Overall, total U.S. emissions have risen by 14 percent from 1990 to 2008.  Emissions declined from 2007 to 2008, decreasing by 2.9 percent (206.1 Tg CO2 Eq.).  This decrease is primarily a result of a decrease in demand for transportation fuels associated with the record high costs of these fuels that occurred in 2008.  Additionally, electricity demand declined in 2008 in part due to a significant increase in the cost of fuels used to generate electricity.  In 2008, temperatures were cooler in the United States than in 2007, both in the summer and the winter.  This lead to an increase in heating related energy demand in the winter, however, much of this increase was offset by a decrease in cooling related electricity demand in the summer."

According to EPA, the "primary greenhouse gas emitted by human activities in the United States was CO2, representing approximately 85.0 percent of total greenhouse gas emissions.  The largest source of CO2, and of overall greenhouse gas emissions, was fossil fuel combustion."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, March 13, 2010

$15,000 Settlement of State Enforcement Action Against Construction Debris Landfill

On March 4th, the Illinois Pollution Control Board accepted a settlement in People v. Reliable Sand and Gravel Co., IPCB No. 09-129, which concerned the defendant's clean construction and demolition debris (CCDD) fill operation at 2121 South River Road in McHenry, McHenry County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to: (1) conduct and maintain records of routine inspections of incoming loads and at least one discharge load by failing to both visually inspect the loads and use a specified PID or other device; (2) demonstrate that site personnel are trained to identify non-CCDD material; (3) conduct field measurements in accordance with permitted operating procedures; (4) keep records of training reports, written procedures for load checking, and load rejection notifications; and (5) obtain an interim authorization for operating the facility.  The State also alleged that the defendant violated the Act by dumping, depositing, or placing approximately 100 cubic yards of non-CCDD landscape waste at the face of the fill area, without a permit, and failing to restrict vehicular access to the working face of the area or post a sign excluding non-CCDD waste.

Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $15,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Friday, March 12, 2010

IL Department Of Public Health Tells South Elgin Residents To Test Their Water

On March 9th, the Illinois Department of Public Health warned residents who obtain their drinking water from private wells in the South Elgin, Kane County, Illinois area (east of Randall Road, south of the College Green Road, west of the Fox River, and north of Hopps Road) to test their water for possible groundwater contamination.  IDPH stated that "routine testing of South Elgin community water supply wells by the Illinois Environmental Protection Agency (IEPA) indicates contaminants could be present in the area’s private wells."

Specifically, "the contaminant tetrachloroethylene was detected at levels lower than the Illinois Groundwater Standard.  Although the contaminant’s levels were lower than the standard, this is the same groundwater that serves private wells and it is possible the levels of the contaminants may be higher in private wells.

For more information, including a list of certified testing laboratories, IDPH recommends contacting: (1) Joe O’Connor, IDPH West Chicago Regional Office, 245 West Roosevelt Road, Bldg 5, West Chicago, IL 60185, phone (630) 293-6800 or joe.o’connor@illinois.gov or (2) Tom Schlueter, Kane County Health Department, 1240 North Highland Ave, Suite 26, Aurora, IL 60506, phone (630) 444-3098 or SchlueterTom@co.kane.il.us.

Despite its warnings, IDPH states that "no violations of State of Illinois or federal drinking water standards have occurred in South Elgin."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, March 11, 2010

$7,500 Administrative Penalty Citation Issued by IL Pollution Control Board for Open Dumping

On February 18, 2010, the Illinois Pollution Control Board issued an administrative citation order in County of Jackson v. Clover, IPCB No. AC 10-5, which concerned defendant’s facility located in Jackson County, Illinois and known as the “Murphysboro/Gary Clover site".

Jackson County alleged that the defendant violated the Illinois Environmental Protection Act by allowing litter, open burning, and deposition of general construction or demolition debris or clean construction or demolition debris.  Because the defendant failed to file a proper petition for review of the administrative citation, the Pollution Control Board found that the defendant committed the violations alleged and imposed the civil penalty provided in the regulations. 

The civil penalty for violating the relevant regulation is $1,500 for each violation, except that the penalty amount is $3,000 for each violation that is the person’s second or subsequent adjudicated violation of that provision.  Because there were three violations of the regulation in this case, and the record indicated that two of them are second or subsequent adjudicated violations, the total civil penalty was $7,500.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, March 10, 2010

IL Department of Public Health Says "It Is Possible" That Contaminated Drinking Water In Crestwood Caused Cancer Increase

On March 5th, the Illinois Department of Public Health released a study entitled "Incidence of Cancer in the Village of Crestwood, (Cook County) Illinois 1994-2006." 

In response to concerns about cancer incidence in Crestwood related to the contamination of the area's drinking water system with probable or known cancer-causing chemicals, a cancer assessment was initiated by the Illinois State Cancer Registry, Illinois Department of Public Health.  "The assessment identified several cancers as significantly elevated in Crestwood: lung cancer in males and females (standardized incidence ratio, SIR=1.34 in males; SIR=1.35 in females), kidney cancer in males (SIR=1.92), and most gastrointestinal (GI) cancers in males: oral cavity and pharynx (SIR=1.73), esophagus (SIR=2.00) and colon-rectum (SIR=1.40).  GI cancers, as a combined group that includes oral cavity and pharynx, esophagus, stomach and colorectal cancers, were also significantly elevated among males when assessed collectively (SIR=1.48)."

The Department of Health concludes: "It is possible that the historical presence of PCE and its degradation products in the Crestwood water contributed to the increase of these cancers.  Due to methodological and data limitations, however, the assessment could not establish with certainty this relationship, nor rule out such a possibility.  Future monitoring of the area's cancer incidence is needed to evaluate possible changes in cancer incidence following the discontinuation of the contaminated drinking water.  Without regard to causation, increasing education and intervention programs in the area to promote cancer screening, particularly colorectal cancer screening, is recommended."

According to a Chicago Tribune article, a contaminated well was shut off by an Illinois Environmental Protection Agency order in 2007.  An EPA test performed in 2007 found that the well's water was contaminated with twice the legal limit of vinyl chloride, a chemical linked with cancer that is considered dangerous at any level of exposure.  The EPA also discovered that Crestwood had been piping the water, untreated, to residents despite claiming that their tap water came exclusively from Lake Michigan.

The Crestwood water problem has apparently spawned a lawsuit by the Illinois Attorney General as well as a class action civil lawsuit.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, March 9, 2010

U.S. Adds Two Illinois Sites to National Priorities List

The U.S. Environmental Protection Agency announced that two sites in Illinois--the Chemetco site in Hartford and the Lake Calumet Cluster site in Chicago--to the Superfund National Priorities List ("NPL").  The National Priorities List is a list of the most serious sites identified for possible long-term cleanup.

Here's how U.S. EPA described the two sites:

"The Chemetco site is on Illinois Route 3 in Madison County, about two miles south of Hartford.  It was a secondary copper smelter from 1969 to 2001 before filing Chapter 7 bankruptcy.  More than 500,000 cubic yards of processing slag, sludge and other hazardous materials were left on portions of the 41-acre site. Elevated levels of the heavy metals copper, cadmium, lead and zinc have been found in adjacent wetlands and in the sediment of nearby Long Lake.  Chemetco was proposed for addition to the NPL in September 2009.  Now that the site is on the list, Chemetco is eligible for further analysis and development of cleanup options by EPA in partnership with Illinois EPA.

"The 87-acre Lake Calumet Cluster site, on Chicago’s southeast side, is composed of four separate parcels. The Cluster site is bounded by the Land and Lakes Landfill to the west, 122nd Street to the south, the Norfolk Southern Railroad right-of-way and Indian Ridge Marsh to the east, and the Paxton I & II Landfills to the north.  The site was originally a wetland that was used for disposal of steel mill slag and industrial, chemical and municipal waste from the 1940s to 1970s.  Environmental concerns include contaminated soil and contaminated surface water runoff from the site into the adjacent wetland areas.  These wetlands are used by at least 14 federal or state endangered or threatened species.  From 1983 to 1985, and in 1990, EPA performed limited-scope cleanups including drum removals.  The Cluster site was proposed for addition to the NPL in September 2005. In 2007 – 2008, Illinois EPA began construction of a landfill cap. Now that the Cluster site is on the NPL, Illinois EPA can use federal money to complete the cap and investigate the full extent of contaminated groundwater at the site."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, March 8, 2010

$7,000 Settlement of State Enforcement Action Alleging Violations of Tire Storage Regulations

On February 18, 2010, the Illinois Pollution Control Board accepted a settlement in People v. Marathon Tire Service of Olney, Inc., IPCB No. 10-19, which concerned a retail tire business and general automotive repair shop located at 220 N. West Street in Olney, Richland County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) storing used or waste tires on the site for more than 14 days without altering, reprocessing, converting, covering, or otherwise preventing the tires from accumulating water; (2) failing to properly prepare a contingency plan, daily tire records, and an annual tire summary and by conducting a tire storage operation in violation of the Board’s recordkeeping and reporting requirements; and (3) failing to pay the annual fees for a tire storage site.

According to U.S. EPA's website, "a tire's physical structure, durability, and heat-retaining characteristics make these stockpiles a potential threat to human health and the environment.  The curved shape of a tire allows rainwater to collect and creates an ideal habitat for rodents and mosquitoes.  Prone to heat retention, tires in stockpiles also can ignite, creating tire fires that are difficult to extinguish and can burn for months, generating unhealthy smoke and toxic oils.  Illegal tire dumping pollutes ravines, woods, deserts, and empty lots. For these reasons, most states have passed scrap tire regulations requiring proper management."

Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $7,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, March 6, 2010

U.S. EPA Awards Chicago $500,000 To Reduce Energy Use By Hospitals

The U.S. Environmental Protection Agency recently announced that the City of Chicago will receive a $500,000 federal grant to reduce energy use by hospitals as one of 20 Climate Showcase Communities nationwide.

Chicago has partnered with Health Care Without Harm to create the Chicago Green Healthcare Initiative.  According to Chicago’s Comprehensive Climate Action Plan, energy use by hospitals and other buildings is one of the primary contributors to the city’s greenhouse gas emissions.

The partnership will use EPA funds to help 22 hospitals reduce energy use by 5 to 10 percent and will provide educational assistance to a total of 111 hospitals to help improve their energy efficiency.  Typically, hospitals increase energy use 1 to 3 percent annually.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Friday, March 5, 2010

$5,000 Settlement of State Enforcement Action Alleging Water Pollution

On February 18, 2010, the Illinois Pollution Control Board accepted the settlement in People v. Mathews, IPCB No. 07-133, which concerned defendant’s property bordering a small unnamed stream that leads to Wonder Lake, located at the intersection of Westmoor Drive and East Oakwood Drive in Wonder Lake, McHenry County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) causing, allowing or threatening to cause water pollution, and (2) depositing large piles of fill material on his property in such place and manner so as to create a water pollution hazard.

Under the terms of the settlement, the defendant does not affirmatively admit the alleged violations, but the defendant agrees to pay a civil penalty of $5,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, March 3, 2010

$14,300 Settlement of State Enforcement Action Alleging Dumping of Pesticides

On February 4, 2010, the Illinois Pollution Control Board accepted a settlement in People v. Buysee, IPCB No. 09-31, which concerned the defendant’s business as a landscape contractor located at Route 6 and Niabi Road approximately two miles north of Coal Valley, Rock Island County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) causing or allowing the discharge of a hydroseed mixture; (2) by dumping the hydroseed mixture on the bank of Shaffer Creek; (3) by causing or allowing dumping of leftover hydroseed mixture at the site; (4) by disposing of leftover hydroseed mixture at the site; (5) by spilling the hydroseed mixture onto the bank and into Shaffer Creek; and (6) by discharging the bright green colored hydroseed on to land and into the waters of the state.

The hydroseed mixture contained the pesticides DDT (at a concentration of 17 parts per billion) and DDE (at a concentration of 16 parts per billion).  Both DDT and DDE are banned for use in the United States.  The hydroseed mixture also contained aroclor-1248 (at a concentration of 320 parts per billion).  Aroclor is a polychlorinated biphenyl (PCB) and is listed as a hazardous substance under the federal Superfund law. 

Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $14,300.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, March 2, 2010

Settlement of State Enforcement Action Alleging Illegal Water Main Extension

On January 21, 2010, the Illinois Pollution Control Board accepted a settlement in People v. Warren, IPCB No. 09-22, which concerned a water main extension allegedly installed onto the Carlyle North water system, along Bull Frog Lane near the intersection with Walcott Road in Carlyle, Clinton County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by (1) causing or allowing the change of or addition to an existing public water supply without first obtaining a construction permit issued by the Illinois Environmental Protection Agency, and (2) causing or allowing an alteration, change, or addition to an existing community water supply in a manner that may affect the sanitary or mineral quality of the water or the adequacy of the supply of the water where a construction permit had not previously been obtained by the official custodian of the community water supply.

Under the terms of the settlement, the defendant does not admit the alleged violations, but he agreed to pay a civil penalty of $5,000.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, March 1, 2010

State Enforcement Action Alleging Wastewater Discharge Violations Settled for $84,570

On January 7, 2010, the Illinois Pollution Control Board accepted the settlement of a state enforcement action in People v. Kraft Foods Global, Inc., IPCB No. PCB 07-124.  The action concerned discharges in 2005 of various process wastewaters from the defendant's food processing and production facility, located at 1555 West Ogden Avenue, Naperville, DuPage County, Illinois.

The State alleged that the defendant violated the Illinois Environmental Protection Act by: (1) causing, allowing or threatening to cause water pollution, and (2) depositing process wastewater on the land in such place and manner so as to create a water pollution hazard, (3) discharging process wastewater without a permit under the National Pollutant Discharge Pollution Elimination System, (4) failing to take remedial action to repair its treatment works and associated facilities in a timely manner, (5) to avoid causing violations of applicable standards, including the (6) failing to employ entrapment dikes in sewers or to take other reasonable measures to prevent any spillage of contaminants from causing water pollution, and (7) discharging effluent at levels in excess of the standards for five-day biochemical oxygen demand and total suspended solids.

Under the settlement, the defendant does not admit the alleged violations, but it agrees to pay a civil penalty of $84,570.00.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.