State Enforcement Action Alleging Water Pollution Violations At Industrial Park Partially Settled

The Illinois Pollution Control Board recently accepted a stipulation and proposed settlement in People v. Freeport Area Economic Development Foundation, Case No. PCB 10-89, which concerned
a site known as "Mill Race Industrial Park," a 145-acre property located east of Springfield Road, north of Hiveley Road, and south of Business 20, in Freeport, Stephenson County, Illinois.  This settlement only concerned one of the defendants, the Freeport Area Economic Development Foundation ("FAEDF").

The State alleged that the defendants violated the Illinois Environmental Protection Act by (1) failing to maintain storm water controls at the site, thus causing or allowing contaminants to discharge into a water of the State, causing water pollution (count I), (2) allowing discharges containing color and turbidity of other than natural origin and causing bottom deposits in Silver Creek (count II), and (3) depositing sediment onto the land in such a place and manner so as to create a water pollution hazard (count III).  The State also alleges that FAEDF alone failed to implement provisions of its storm water pollution prevention plan and allowing contaminants to discharge into Silver Creek (count IV).

Under the terms of the settlement, FAEDF admits the alleged violations and agrees to pay a civil penalty of $546.

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