Governor Pat Quinn recently signed an Executive Order establishing the Illinois Coastal Management Program within the Illinois Department of Natural Resources. According to a DNR press release, "through the federally-funded program, Illinois will receive $2 million annually from the National Oceanic and Atmospheric Administration (NOAA) to improve the northeast Illinois economy and create jobs by protecting the state’s coastal resources along Lake Michigan. . . . The program will be fully funded with federal dollars, which will be used to restore threatened habitats and to 'green' harbors on Lake Michigan. It will also help municipalities develop plans to restore and sustain shorelines.
"Some of the ICMP’s goals include: supporting local, state and federal partnerships as agencies work to manage coastal resources; developing strategies to mitigate and adapt to climate change; developing long-term solutions to address toxins and invasive species; working to expand the use of green infrastructure to control storm water, promoting groundwater recharge and reduce flooding; and helping communities identify opportunities for water-related economic development."
More information can be found on the Illinois Coastal Management Program's website.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Showing posts with label Stormwater. Show all posts
Showing posts with label Stormwater. Show all posts
Wednesday, January 5, 2011
Wednesday, December 29, 2010
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.
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.
Tuesday, November 30, 2010
Illinois Pollution Control Board Orders Residential Developer to Pay $45,000 Penalty for Clean Water Act Violations
The Illinois Pollution Control Board recently granted the State's uncontested motion for summary judgment in People v. Moline Place Development, LLC, Case No. PCB 07-53, which concerned a
residential housing area called One Moline Place, located at 6th Street and 11th Avenue in Moline, Rock Island County, Illinois.
The State alleged that the defendant, which was developing a residential community, terminated coverage of a Clean Water Act permit for its stormwater discharges associated with construction site activities. However, the defendant terminated coverage too early--before all disturbed soils had been finally stabilized, and before all stormwater discharges had been eliminated.
The State alleged that the defendant caused, allowed or threatened to cause water pollution by failing to provide adequate storm water pollution controls; failed to obtain coverage under the general National Pollutant Discharge Elimination System ("NPDES") storm water permit prior to commencing construction site activities; failed to prepare and implement an adequate Storm Water Pollution Prevention Plan ("SWPPP"); and submitted a Notice of Termination of permit coverage prior to final stabilization being achieved at the site.
After granting summary judgment, the Pollution Control Board held that the defendant must pay a $45,000 civil penalty. The Board also ordered that the defendant "must properly implement the SWPPP in its NPDES permit, and comply with all other requirements of that permit. When final site stabilization has been accomplished and all storm water discharges from construction activities have been eliminated, [defendant] must promptly submit a Notice of Termination to IEPA." The Board also ordered that the defendant "must cease and desist from further violations of the [Illinois Environmental Protection] Act and the Board’s regulations."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
residential housing area called One Moline Place, located at 6th Street and 11th Avenue in Moline, Rock Island County, Illinois.
The State alleged that the defendant, which was developing a residential community, terminated coverage of a Clean Water Act permit for its stormwater discharges associated with construction site activities. However, the defendant terminated coverage too early--before all disturbed soils had been finally stabilized, and before all stormwater discharges had been eliminated.
The State alleged that the defendant caused, allowed or threatened to cause water pollution by failing to provide adequate storm water pollution controls; failed to obtain coverage under the general National Pollutant Discharge Elimination System ("NPDES") storm water permit prior to commencing construction site activities; failed to prepare and implement an adequate Storm Water Pollution Prevention Plan ("SWPPP"); and submitted a Notice of Termination of permit coverage prior to final stabilization being achieved at the site.
After granting summary judgment, the Pollution Control Board held that the defendant must pay a $45,000 civil penalty. The Board also ordered that the defendant "must properly implement the SWPPP in its NPDES permit, and comply with all other requirements of that permit. When final site stabilization has been accomplished and all storm water discharges from construction activities have been eliminated, [defendant] must promptly submit a Notice of Termination to IEPA." The Board also ordered that the defendant "must cease and desist from further violations of the [Illinois Environmental Protection] Act and the Board’s regulations."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, June 4, 2010
U.S. EPA Cites Developer for Alleged Stormwater Violations
U.S. EPA Region 5 recently issued a complaint and final order against Sharp Homes-Hunter’s Ridge Development and Charles D. Sharp for failure to comply with federal stormwater rules. EPA alleges that the defendant (a Joliet, Illinois company) failed to prevent or minimize discharges, initiate stabilization measures, conduct inspections and maintain proper records.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Sunday, April 25, 2010
Developer to Pay $8,000 to Settle Alleged Water Pollution Violations
On April 15th, the Illinois Pollution Control Board accepted the settlement in People v. Andalusia Ventures, LLC, No. PCB 09-75, which concerned the defendant's residential housing development, known as Fancy Creek Crossing, located at 101st Street West and Andalusia Road (Route 92) in Andalusia, Rock County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act, beginning in 2006 through at least July 2009, by discharging sediment of other than natural origin into a receiving stream, thereby causing or threatening to cause water pollution, and by failing to submit accurate incidents of noncompliance letters and reports, and failing to have on site storm water pollution prevention plan and rainfall reports.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $8,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act, beginning in 2006 through at least July 2009, by discharging sediment of other than natural origin into a receiving stream, thereby causing or threatening to cause water pollution, and by failing to submit accurate incidents of noncompliance letters and reports, and failing to have on site storm water pollution prevention plan and rainfall reports.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $8,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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.
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.
Wednesday, December 16, 2009
Builder Settles State Enforcement Action Alleging Water Pollution Violations
On December 3, 2009, the Illinois Pollution Control Board accepted the proposed settlement in the case of People v. Montalbano Builders, Inc., PCB No. 09-30. The allegations concerned Montalbano’s development property known as the Huntington Ridge subdivision located on the southwest corner of Harvard Hills and Crowley Road in Harvard, McHenry County, Illinois.
The State alleged that Montalbano violated environmental law "by (1) causing, threatening, or allowing the discharge of silt-laden runoff from the site into the waters of the State resulting in water pollution, (2) allowing disturbed soils and soil stockpiles with inadequate erosion controls to remain adjacent to wetland areas resulting in a water pollution hazard, and (3) failing to maintain adequate stormwater pollution prevention measures and discharging silt-laden runoff from the site into the adjacent wetland and waters of the State in violation of Montalbano’s National Pollutant Discharge Elimination System (NPDES) permit."
Under the settlement, Montalbano agrees to pay a civil penalty of $10,000.00 but does not affirmatively admit the violations alleged by the State.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that Montalbano violated environmental law "by (1) causing, threatening, or allowing the discharge of silt-laden runoff from the site into the waters of the State resulting in water pollution, (2) allowing disturbed soils and soil stockpiles with inadequate erosion controls to remain adjacent to wetland areas resulting in a water pollution hazard, and (3) failing to maintain adequate stormwater pollution prevention measures and discharging silt-laden runoff from the site into the adjacent wetland and waters of the State in violation of Montalbano’s National Pollutant Discharge Elimination System (NPDES) permit."
Under the settlement, Montalbano agrees to pay a civil penalty of $10,000.00 but does not affirmatively admit the violations alleged by the State.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, December 1, 2009
U.S. EPA Publishes Final Rule to Regulate Stormwater Discharges from Construction Sites
Today, U.S. EPA published in the Federal Register a final rule entitled "Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category." The rule contains first-time national performance standards and monitoring requirements for stormwater discharges associated with the construction industry.
Construction activities, including excavating and grading, can lead to disturbed soil that, if not managed properly, can be easily washed off-site during rain events. According to EPA, "[i]mproper control of stormwater discharges associated with construction activity is a contributor of sediment, turbidity, nutrients and other pollutants to surface waters in the United States. . . . The sediment, turbidity, and other pollutants entrained in stormwater discharges associated with construction activity contribute to aquatic ecosystem
degradation, increased drinking water treatment costs, and impairment of the recreational use and aesthetic value of impacted waters. Sediment can also accumulate in rivers, lakes, and reservoirs, leading to the need for dredging or other mitigation in order to prevent reduced water storage or navigation capacity."
Construction companies are generally required to obtain a permit under the Clean Water Act and to implement control measures to manage discharges associated with construction activity.
Under the rule published today, all construction sites will be required by February 1, 2010 to meet certain standards, including: erosion and sediment controls, soil stabilization, dewatering, pollution prevention measures, and surface outlets. Also, four categories of discharges are entirely prohibited.
The rule also sets a daily maximum value of 280 NTU for turbidity and requires companies to monitor and take samples of stormwater discharges to ensure that turbidity does not exceed the daily maximum value.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Construction activities, including excavating and grading, can lead to disturbed soil that, if not managed properly, can be easily washed off-site during rain events. According to EPA, "[i]mproper control of stormwater discharges associated with construction activity is a contributor of sediment, turbidity, nutrients and other pollutants to surface waters in the United States. . . . The sediment, turbidity, and other pollutants entrained in stormwater discharges associated with construction activity contribute to aquatic ecosystem
degradation, increased drinking water treatment costs, and impairment of the recreational use and aesthetic value of impacted waters. Sediment can also accumulate in rivers, lakes, and reservoirs, leading to the need for dredging or other mitigation in order to prevent reduced water storage or navigation capacity."
Construction companies are generally required to obtain a permit under the Clean Water Act and to implement control measures to manage discharges associated with construction activity.
Under the rule published today, all construction sites will be required by February 1, 2010 to meet certain standards, including: erosion and sediment controls, soil stabilization, dewatering, pollution prevention measures, and surface outlets. Also, four categories of discharges are entirely prohibited.
The rule also sets a daily maximum value of 280 NTU for turbidity and requires companies to monitor and take samples of stormwater discharges to ensure that turbidity does not exceed the daily maximum value.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Sunday, November 15, 2009
Paving Company Agrees to $15,200 Penalty for Stormwater Violations
On November 5, 2009, the Illinois Pollution Control Board accepted a settlement of the Attorney General's enforcement action for environmental violations at a temporary concrete batch plant located at the intersection of I-74 and I-474 west of Peoria, Peoria County, Illinois.
In People v. Illinois Valley Paving Co., PCB 09-40, the Attorney General alleged the following violations: (1) discharging contaminant-laden stormwater runoff into Kickapoo Creek via an unnamed tributary; (2) creating a water pollution hazard by depositing concrete wastes and residues upon the land without the protection of adequate erosion controls; and (3) violating the terms of a National Pollutant Discharge Elimination System permit.
In settlement documents, the company agreed to a civil penalty of $15,200. Also, the company must "cease and desist from future violations of the Environmental Protection Act and Board regulations that were the subject of the complaint."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
In People v. Illinois Valley Paving Co., PCB 09-40, the Attorney General alleged the following violations: (1) discharging contaminant-laden stormwater runoff into Kickapoo Creek via an unnamed tributary; (2) creating a water pollution hazard by depositing concrete wastes and residues upon the land without the protection of adequate erosion controls; and (3) violating the terms of a National Pollutant Discharge Elimination System permit.
In settlement documents, the company agreed to a civil penalty of $15,200. Also, the company must "cease and desist from future violations of the Environmental Protection Act and Board regulations that were the subject of the complaint."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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