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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISCOUNTY DEPARTMENT,
CHANCERY DIVISION
PEOPLE OF THE STATE OF ILLINOIS,ex rel. LISA MADIGAN,
AttomeyGeneral of the State of Illinois
Plaintiff,
v,
OLYMPIC OIL LTD., an Illinois corporationd,/b/a DELTA COMPANIES
GROUP,
No' ?o14cH145]96I,4i-rr{I}+ft'..FiBBl'ltil*lE o*:+irini uncti
on
))))
Itr
Environmental Protection Agency, complains of the Defendant,
oLyMpIc oll LTD., anIllinois corporation d/b/a DELTA COMPANIES
GROUp, as follows:
Defendant.
Plaintiff, PEOPLE oF THE srATE oF ILLINOIS, ex rel, LTsAMADIGAN,
AnomeyGeneral ofthe state oflllinois, on her orvn motion and at the
request of the lllinois
tlt.c
-l
'6l. This Count is brought on behalfofthe People of the State of
lllinois, ex rel. LisalcoMadigan, Attomey General of the State of
Illinois, on her own motion and at trre request of the
Illinois Environmental Protection Agency ("lllinois EpA"),
pursuant to section 43(a) oltheIllinois Environmental Protection
Acr ("Acr"),415 ILcs sla3@) (2012),and is an action torestrain a
substantial danger to human health and the environment.
2' The Illinois EPA is an administrative agency ofthe state of
Illinois createdpursuant to Section 4 ofthe Act,4l5 ILCS 514
(2012), and is charged, inter alia,wirh the duty ofenforcing the
Act.
3. At all times relevant to this Verified complaint, the
Defendant, olyMprc orl
IU:r
COUNT I
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LTD. d/b/a DELTA COMPANIES GROUP ("Olympic Oil"), was and is an
Illinois corporation
in good standing with the State of Illinois.
4. Since at least 1984, Olympic Oil has operated a bulk oil
terminal that blends andpackages petroleum lubricating oil and
antifreeze products ("Facility" or "Site"). The Facility is
located adjacent to the Chicago Ship and Sanitary Canal
("Canal") at 5000 West 41't Street,
Cicero, Cook County, Illinois. Materials at the Facility are
moved on and off-site via rail car,
tanker truck and barge.
5. The Facility sits on the south bank ofthe Canal. Directly
adjacent to the Canal isa flat wharf area of gravel and soil
approximately six to eight feet wide that abuts metal sheet
piling separating the Facility from the Canal. South ofthe wharf
is a retention area
approximately 20 feet by 100 feet that captures stormwater
run-off, petroleum and other product
from the Facility's storage and loading areas. The retention
area has concrete walls on three
sides and a soil and gravel base. No concrete wall exists on the
south edge of the retention area.
6. South ofthe retention area is a steep gravel embankment that
leads up fifteen totwenty feet in elevation to the Facility's truck
loading area. The truck loading area has a pipe
system that includes detachable hoses and pumps that are used
for on and off-loading materials
from tanker trucks. Undemeath the piping system in the truck
loading area is a drip pan which
captures residual product. Residual product from the drip pan is
piped into a used oil tank below
the drip pan. The truck loading area also includes a truck scale
that has a low concrete barrier
around the outer edge. Some parts ofthe truck loading area have
a concrete floor and others are
soil and gravel.
7. on July 28,2014' olympic oil reported a release of used motor
oil mixed with
rainwater to the National Response center ('NRC") (lncident
Report No. 1090490)' The same
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incident was reported to the Illinois Emergency Management
Agency ("IEMA") (IncidentReport No. H-2014-0883) on July 30,2014.
Defendant reporred that it had caused between 500
to 1,000 gallons of oil and water to be released into the
retention area at the Facility and that the
release was the result ofheavy rain causing the drip pan under
the truck loading area to overflow.
8. On Jdy 29,2014, the Illinois EPA conducted an inspection
ofthe Faciliry. Atthat time, the concrete barrier around the truck
loading area was cracked at the north end at two
comers. Oil was leaking from the cracks in the concrete and
migrating outside of the truck
loading area and seeping into the ground. The concrete border of
the relention area was also
compromised and leaking. Oil was pooled inside the retention
area, and oil staining and residue
were present outside ofthe retention area migrating towards the
Canal. An oily sheen was
present in the Canal adjacent to the Facility.
9. On August 8, 2014, Illinois EPA conducted another inspection
ofthe Facility. Atthe time, there was pooling oil and water at
various locations lhroughout the Facility and staining
of the soils and structures, including the truck loading area,
piping system and retention area. In
the truck loading area, oil and water were pooled around the
used oil tank and undemeath the
truck scale, and there was staining in and around the loading
area. The concrete banier around
the truck loading area was damaged and cracked such that fluids
from the truck loading area
could migrate down the embankment to the retention area and
wharf below. The embankment
was heavily stained with oil. The retention area had oil
floating on the surface ofthe water
within it. The wharl adj acent to the Canal had oil stains and
pools ofoil and water on the gravel.
10. On August 19,2014, the Illinois EPA inspected the Facility
again. At that time,conditions at the Facility were substantially
similar to conditions on August 8, 2014. The ground
was stained from oil and other material around the truck loading
area, on the embankment area
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and in the gravel wharf adjacent to the Canal; some areas were
heavily stained. Oil was leaking
from the darnaged concrete barrier around the truck loading
area. The retention area still had a
layer ofoil across the surface ofthe water, and pooled oil and
water was still present in the
wharL
I l. On August 22, 2014, Olympic Oil reported to NRC (Incident
Report #1093081)and IEMA (Incident Report #H-2014-0977) a release
of "unknown petroleum product" from theFacility into the Canal.
12. on August 22, 2014, Illinois EpA inspected the Fac ity in
response to the NRCand IEMA reports. At that time, a visible oil
sheen was on the surface of the canal waters_
olympic oil had placed a hard containment boom in the water to
control the migration of oilacross the surface of the canal. The
containment boom enclosed approximately 200 square feet
ofthe canal,50-75% of which was covered in an oil sheen.
Additionally, an estimated 30,000
gallons of oily wastewater was present in the retention
area,
13. Following the August 22,2014 inspection and prior to the
August 25, 2014inspection, olympic oil skimmed and removed 1,650
gallons of oil and oily wastewater from theretention area, added a
soft absorbent boom inside the initial hard containment boom in
the
Canal, and generated and containerized four 55-gallon containers
of saturated absorbent pads.
14. on August 25,2014, the Illinois EpA retumed to the Facility.
At rhar time, theoil sheen in the canal had significantly increased
since August22,20l4 and there was a sheenboth inside and outside of
the hard containment boom. Also at that time, a portion of the
gravel
from the wharfadjacent to the canal had been excavated. oil was
pooling in the depressioncaused by the excavation and was
recharging each time the area wels pumped down to remove
the oil that had refilled it. Since the August 22,2014 release,
approximately 1,300 galtons of oil
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and oily wastewater had been pumped from the wharf area
soils.
15. The release ofoil and its constituent compounds into the
soil, surlace water andgroundwater can adversely affect birds, fish
and other aquatic life in and around the canal.
16. Oil and its constituent compounds will leach lrom and/or
continue to be releasedinto the soil at the Facility and the Canal
until such time as the contaminants and their source are
identifi ed and remediated.
17 . Secrion 43(a) of the Act, 4 r 5 ILcs 5la3@) (2012),
provides, in pertinent part, asfollows:
(a) In circumstances of substantial danger to the environment or
to thepublic health of persons or to the welfare of persons where
suchdanger is to the livelihood ofsuch persons, the State's Affomey
orAttomey General, upon request of the Agency or on his ownmotion,
may institute a civil action lor an immediate injunction tohalt any
discharge or other activity causing or contributing to thedanger or
to require such other action as may be necessaiy. Thecourt may
issue an ex parte order and shall schedule a hearing onthe matter
not later than 3 working days from the date- ofinjunction.
I 8. The conditions at olympic o 's Facility have not yet been
fully remediated, andthe soils at the Facility show signs of
contamination from oil and its constituent compounds. Thecause
ofthe discharge is still unknown and an on-going discharge or
threat ofdischarge to thesoils and Canal remains' Defendant has not
taken adequate steps to determine what amounts ofoil and its
constituents remain below surface in the soils and groundwater and
whether thosecontaminants may be migrating to the Canal.
l9 Defendant, by causing and/or allowing the release of oil and
its constituentcompounds at the Facility and into the Canal, has
created circumstances ofsubstantial danger to
the public health and welfare and environment in direct
contravention ofthe requirements of theAct.
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20. The substantial danger alleged herein shall continue until
such time as Defendantremoves all contaminants lrom the Facility
and sunounding soil, surface water and groundwater,
and demonstrates to Plaintiffthat the activities complained
ofherein no longer present a danger
to or threaten human health and the environment.
2l . Plaintilf is without an adequate remedy at law. plaintiff
will be ineparably
injured and violations ofthe pertinent environmental statutes
and regulations will continue unlessand until this court grants
equitable relief in the form of immediate, and, after a
hearing,
preliminary injunctive relief.
WHEREFORE, Plaintiff, PEOPLE oF THE srATE oF ILLINots,
respectfully requests
that this court grant an immediate and preliminary injunction
and, after trial, a permanentinjunction in favor of the
Plaintifland against the Defendant, OLyMplC OIL LTD. d,/b/aDELTA
COMPANIES GROUP, on this Count I:
l. Finding that the Defendant has created and is maintaining a
substantial danger tothe environment and public health;
2. Enjoining the Defendant from creating any further substantial
endangermentpursuant to Section 43(a) ofthe Act;
3. Ordering the Defendant to immediately delineate the nature
and extent ofsoil,groundwater and surface water contamination and
remediate any and all soil, groundwater and,/or
surface water contamination found in consultation with the
Illinois EpA;
4. ordering Defendant to conduct water and soil sampling
ofimpacted areas asdirected by Illinois EPA;
5. Assessing against Defendant civil penalties pursuant to
section 42(a) ofthe Act,4l 5 ILCS 5la2@) (2012), of Fifty Thousand
Dollars ($50,000.00) for each violarion and Ten
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Thousand Dollars ($10,000.00) for each day ofviolation;
6. Ordering Defendant pursuant to Section 42(f) ofthe Act,415
ILCS 5/42(D(2012), to pay all costs, including oversight, sampling
and clean-up costs, and attomey, expert
witness and consultant fees expended by the Plaintiffin pursuit
ofthis action; and,
7. Granting such other reliefas this Court deems equitable
andjust.COUNTII
WATERPOLLUTION
l. This count is brought on behalf of the People of the State of
lllinois, ex rel. LisaMadigan, Attomey General of the state of
Illinois, on her own motion, pursuant to sections
42(d) and (e) ofthe Act, 415 ILCS 5/42(d) and (e) (2012).
2-16. Plaintiff realleges and incorporates by reference herein
paragraphs 2 through l6ofCount I as paragraphs 2 through l6 ofthis
Count II.
17 . Section l2(a) of the Act, 415 ILCS sltl(a) (2012), provides
as follows:No person shall:
(a) Cause or threaten or allow the discharge of any contaminants
into theenvironment in any state so as to cause or tend to cause
water pouutionin Illinois, either alone or in combination with
matter from other sources,or so as to violate regulations or
standards adopted by the pollutionControl Board under this Act.
18. Section 3.315 of the Act,415 ILCS St3.3t5 (20t2),provides
the followingdefinition:
"PERSON" is any individual, partnership, co-partnership, firm,
company, limitedliability company, corporation, association, joint
stock company, truit, estate,political subdivision, state agency,
or any other legal entity, or iheir legalrepresentative, agent or
assigls,
19. Olympic Oil, a corporation, is a,,person,,'as that term is
defined by 415 ILCSsl3.31s (20t2).
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20. Section 3.165 of the Act,415 ILCS 513.165 (2012), provides
the followingdefinition:
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor,
orany form of energy, from whatever source.
21. Oil and its constituent compounds are "contaminants" as that
term is defined inSection 3.165 ofthe Act, 415 ILCS 5/3.165
(2012).
22. Section 3.545 of the Act, 415 ILCS 513.545 (2012), provides
the followingdefinition:
"WATER POLLUTION" is such alteration of the physical,
thermal,chemical, biological or radioactive properties of any
waters of the State, orsuch discharge ofany contaminant into any
waters ofthe State, as will oris likely to create a nuisance or
render such waters harmful or detrimentalor 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.
23. Section 3.550 of the Ac1, 415 ILCS 513.550 (2012), provides
the followingdefinition:
"WATERS" means all accumulations of water, surface and
underground,natural, and artificial, public and private, or parts
thereof, which arewholly or partially within, flow through, or
border upon this State.
24. The Canal and groundwater beneath the Facility are each
"waters," as that term isdefined in Section 3.550 ofthe Act,415
ILCS 513.550 (2012).
25. By releasing oil and its constituent compounds, which are
contaminants, into theCanal and groundwater at the Site, Defendant
altered the physical and chemical properties ofthe
Canal and groundwater at the Site and created a nuisance and/or
rendered such waters harmful or
detrimental or injurious to public health, safety or welfare,
and to commercial, industrial and/or
other legitimate uses, or birds, fish, or other aquatic life,
and thereby resulted in "water
pollution," as that term is defined in Section 3,545 ofthe
Act,4l5 ILCS 5/3.545 (2012).
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26. From at least July 28,2014 through the filing ofthis
Verified Complaint, on datesbetter known to Defendant, Defendant
caused, th,reatened or allowed the discharge of
contaminants into the environment so as to cause or tend to
cause water pollution in lllinois, in
violation ofSection l2(a) of the Act,415 ILCS 5/12(a)
(2012).
27 . Plaintiff is without an adequate remedy at law.
Plaintiffwill be ineparably
injured and violations of the pertinent environmental statutes
and regulations will continue unless
and until this Court grants equitable reliefin the form of
preliminary and, after trial, permanent
injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays
that this Court
enter a preliminary and, after trial, permanent injunction and
an order in favor of Plaintilf and
against Defendant, OLYMPIC OIL LTD. d,/b/a DELTA COMPANIES
CROUP, on this Count
II:
l. Finding that Defendant has violated Section l2(a) ofthe
Act,415 ILCS 5/12(a)(20t2);
2. Enjoining Defendant from further violations of Section 12(a)
of the Act, 415ILCS 5/12(a) (2012);
3. Ordering the Defendant to immediately undertake the necessary
corrective actionthat will result in a final and permanent
abatement ofviolations of Section l2(a) ofthe Act, 415ILCS 5/12(a)
(2012);
4. Assessing against Defendant civil penalties pursuant to
Section 42(a) ofthe Act,4l5ILCS 5142(a) (2012),of Fifty Thousand
Dollars ($50,000.00) for each violation and TenThousand Dollars
($10,000.00) for each day ofviolation;
5. Ordering Defendant pursuant to Section 42(f1 ofthe Act,415
ILCS 5/42(f)
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(2012), to pay all costs, including oversight, sampling and
clean-up costs, and attomey, expert
witness and consultant fees expended by the Plaintiffs in their
pursuit ofthis action; and
6. Granting such other reliefas this Court deems equitable
andjust.COUNT III
WATER POLLUTION HAZARI)l-23. Plaintiff realleges and
incorporates by reference herein paragraphs 2 through 16
ofCount I, and paragraphs l, and 18 through 24 of Count II, as
paragraphs I tluough 23 ofthis
Count III.
24. Section l2(d) of the Act,415 ILCS 5/12(d) (2012), provides,
in perrinent part, asfollows:
No person shall:
(d) Deposit any contaminants upon the land in such place and
manner so asto create a water pollution hazard.
25. From at least July 28, 2014 through the filing of this
Verified Complaint, on datesbetter known to Defendant, Olympic Oil
caused or allowed the release ofoil and its constituent
compounds to be discharged on the soil at the Site. From the
soil at the Site, the contaminants
migrate below ground surface towards the groundwater and above
ground surface via stormwater
to the Canal. By its actions or omissions as alleged, Defendant
created a water pollution hazard
in violation ofSection 12(d) ofthe Act,4l5 ILCS 5/12(d)
(2012).
26. Plaintiffis without an adequate remedy at law. Plaintiffwill
be irreparablyinjured and violations ofthe pertinent environmental
statutes and regulations will continue unless
and until this Court $ants equitable reliefin the form of
preliminary and, after trial, permanent
injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays
that rhis Court
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enter a preliminary and, after trial, permanent injunction and
an order in favor of Plaintiff and
against Defendant, OLYMPIC OIL LTD, d,/b/a DELTA COMPANIES
GROUP, on this Count
III:
1. Finding that Defendant has violated Section l2(d) ofthe
Act,415 ILCS 5/12(d)(20t2);
2. Enjoining Defendant from further violations of Section l2(d)
ofthe Act,415ILCS 5/r2(d) (2012);
3. Ordering the Defendant to immediately undertake the necessary
conective actionthat will result in a final and permanent abatement
ofviolations of Section 12(d) ofthe Act,415
rLCS s/I2(d) (2012);
4. Assessing against Defendant civil penalties pursuant to
Section 42(a) ofthe Act,415ILCS
5la2@)(2012),ofFiftyThousandDollars($50,000.00)foreachviolationandTen
Thousand Dollars ($10,000.00) for each day of violation;
5. Ordering Defendant pursuant to Section 42(f) ofthe Act' 415
ILCS 5/42(0(2012), to pay all costs, including oversight, sampling
and clean-up costs' and attomey, expert
witness and consultant fees expended by the Plaintiffs in their
pursuit of this action; and
6. Granting such other reliefas this Court deems equitable and
just.COUNT IV
VIOLATION OF WATER OUALITY STANDARDS: OF.FENSIVE CONDITIONS
1-23. Plaintiff realleges and incorporates by reference herein
paragraphs 2 through 16
ofCount I, and paragraphs l, 17 through 21,23 and24 ofCount II
as paragraphs 1 through 23 of
this Count IV.
24. Pursuant to authority granted in Sections 13 and 2'l ofthe
Act,415 ILCS 5/13 and
5/27 (2012), the Illinois Pollution Control Board ("Board") has
promulgated rules and
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regulations to control water pollution in Illinois, codified at
35 Ill. Adm. Code Subtitle C,
Chapter I ("Board Water Pollution Regulations").
25. Section 302.203 of the Board Water Pollution Regulations, 35
Ill. Adm. Code302.203, provides, in pertinent part, as follows:
Offensive Conditions
Waters of the State shall be free from sludge or bottom
deposits, floatingdebris, visible oil, odor, plant or algal growth,
color or turbidity of otherthan natural origin. . . .
26. Defendant's discharge ofoil and its constituent compounds
caused the waters ofthe Canal to have visible oil and ururatural
color and turbidity.
27. By allowing oil and its constituent compounds to enter the
Canal, where it causedvisible oil, and unnatural color and
turbidity, Defendant created "offensive conditions," as
defined in 35 Ill. Adm. Code 302.203, in violation of Section
302.203 of the Board Water
Pollution Regulations.
28. By violating Section 302.203 of the Board Water Pollution
Regulations,Defendant also thereby violated Section l2(a) ofthe
Act,4l5 ILCS 5/12(a) (2012).
29. Plaintiff is without an adequate remedy at law. Plaintiff
will be ineparablyinjured and violations ofthe pertinent
environmental statutes and regulations will continue unless
and until this Court $ants equitable relief in the form of
preliminary and, after trial, permanent
injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays
that this Court
enter a preliminary and, after trial, permanent injunction and
an order in favor ofPlaintiffand
against Defendant, OLYMPIC OIL LTD. d/b/a DELTA COMPANIES GROUP,
on this Count
IV:
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l. Finding that Defendant has violated Section l2(a) ofthe
Act,415 ILCS 5/12(a)(2012), and Section 302.203 of the Board Water
pollution Regulations, 35 Ill. Adm. Code302.203;
2. Enjoining Defendant from ftrther violations of Section l2(a)
olthe Act,4l5ILCS 5/12(a) (2012), and section 302.203 of the Board
water pollution Regulations, 35 Ill.Adm. Code 302.203:
3. Ordering the Defendant to immediately undertake the necessary
conective actionthat will result in a final and permanent abatement
ofviolations ofSection l2(a) ofthe Act,4l5ILCS 5/12(a) (2012), and
section 302.203 ofthe Board water pollution Regulations, 35
Ill.Adm. Code 302.203;
4. Assessing against Defendant civil penalties pursuant to
Section 42(a) ofthe Act,415 ILCS 5/a2@) (2012), ofFifty Thousand
Dollars ($50,000.00) for each violation and renThousand Dollars
($10,000.00) for each day of violation;
5. Ordering Defendant pursuant to Section 42(f) ofthe Act,4l5
ILCS 5/42(0(2012)' to pay all costs, including oversight, sampling
and clean-up costs, and attomey, expertwitness and consultant fees
expended by the plaintiffs in their pursuit of this action; and
6. Granting such other reliefas this Court deems equitable
andjust.COUNT V
OPEN DUMPING
l-18. Plaintiff realleges and incorporates by reference herein
paragraphs 2 through l6ofcount I, and paragraphs 1, l8 and 19
ofcount II, as paragraphs l through lg of this count v.
19. Section 2l(a) ofthe Acr, 415 ILCS S/21(a) (2012),provides as
follows:No person shall:
(a) Cause or allow the open dumping ofany waste.
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20.
definition:
2t.
definition:
22.
definition:
23.
definition:
24.
definition:
)\definition:
Section 3.305 of the Act,4l5 ILCS 513.305 (2012), provides the
following
"Open dumping" means the consolidation of refuse from one or
more sources at adisposal site that does not fulfill the
requirements ofa sanitary landfill.
Section 3.385 ofthe Act,415ILCS 5/3.385 (2012), provides the
following
"Refuse" means waste.
Section 3.535 of the Act,4l5 ILCS 5/3.535 (2012),provides the
following
"Waste" means any garbage, sludge from a waste heatment plant,
water supplytreatrnent plant, or air pollution control facility or
other discarded material,including solid, liquid, semi-solid, or
contained gaseous material resulting fromindustrial, commercial,
mining and agricultural operations, and from
communityactivities...
Section 3.540 of the Act,4l5 ILCS 513.540 (20t2),provides the
following
"Waste disposal site" is a site on which solid waste is
disposed.
Section 3.470 of the Act,415 ILCS 513.470 (2012),provides the
following
"Solid waste" means waste.
Section 3.185 of the Act, 415 ILCS Sl3.lB5 (2}t?),provides the
following
"Disposal' means the discharge, deposit, injection, dumping,
spilling, leaking orplacing of any waste or hazardous waste into or
on any land or watei or into Lywell so that such waste or hazardous
waste or any constituent thereof may enteithe environment or be
emitted into the air or discharged into any waters, lncludingground
waters,
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26.
definition:
Section 3.445 of the Act,415 ILCS 5/3.445 (2012), provides the
following
"Sanitary landfill" means a facility permitted by the Agency for
the disposal ofwaste on land meeting the requirements of the
Resoruce Conservation andRecovery Act, P.L. 94-580, and regulations
thereunder, and without creatingnuisances or hazards to public
health or safety, by confining the refuse to thesmallest practical
volume and covering it with a layer ofeadh at the conclusion ofeach
day's operation, or by such other methods and intervals as the
Board mayprovide by regulation.
27. The oil and its constituent compounds, which Defendant
leaked, spilled,discharged or otherwise deposited onto the soils at
the Site were discarded by Defendant and
therefore constitute "waste" as that term is defined in Section
3.535 of the Act,415 ILCS 5/3.535
(2012), "refuse" as that term is defined in Section 3.385 olthe
Act,415 ILCS 5/3.385 (2012),
and "solid waste," as that term is defined in Section 3.470
ofthe Act,415 ILCS 513.470 (2012).
28. Defendant's dumping, depositing, or placing solid, liquid,
and,/or semi-solidsubstances in the form of oil and its constituent
compounds on the ground, and allowing the oil
and its constituent compounds to migrate below ground surface
towards the groundwater at the
Site and the Canal, constitutes "disposal" as that term is
defined in Section 3.185 ofthe Act, 415
rLCS 5/3.185 (2012).
29. The Site where Defendant caused or allowed the disposal
ofsolid, liquid, and./orsemi-solid substances in the form of oil
and its constituent compounds constilutes a "waste
disposal site" as that term is defined in Section 3.540 ofthe
Act,415 ILCS 5/3.540 (2012).
30. Defendant does not have a permit from the Illinois EPA to
dispose ofwaste at theSite.
31. Since Defendant does not have a permit from the Illinois EPA
for the disposal ofwaste at the Site, the Site does not meet the
requirements of a "sanitary landfill," as that term is
15
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defined in Section 3.445 ofthe Act, 415 ILCS 5/3.445 (2012).
32. Defendant's dumping, depositing, or placing of waste on the
ground at the Siteconstitutes "open dumping," as that term is
defined in Section 3.305 of the Act,415 ILCS
st3.30s (2012).
33. From at least July 28,2014 through the filing of this
Verified Complaint, on datesbetter known to Defendant, by causing
or allowing the open dumping of waste at the Site,
Defendant violated Section 21(a) ofthe Act,415 ILCS 5l2l(a)
(2012).
34. Plaintiff is without an adequate remedy at law. Plaintiff
will be ineparablyinjured and violations ofthe pertinent
environmental statutes and regulations will continue unless
and until this Court grants equitable reliefin the form of
preliminary and, after trial, permanent
injunctive relief.
WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays
that this Court
enter a preliminary and, after trial, permanent injunction and
an order in favor ofPlaintiffand
against Defendant, OLYMPIC OIL LTD. d/b/a DELTA COMPANIES GROUP,
on rhis Count
l Finding that the Defendant violated Section 21(a) ofthe
Act,415 ILCS 5/21(a)(2012);
2. Enjoining the Defendant from further violations of Section
21(a) of the Act, 41 5ILCS s/21(a) (2012);
3. Ordering the Defendant to immediately undertake the necessary
corrective actionthat will result in a final and permanent
abatement ofviolations of Section 2l(a) ofthe Act, 415ILCS 5/12(a)
(2012);
4. Assessing against Defendant civil penalties pursuant to
Section 42(a) ofthe Act,
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415 ILCS 5142(a) (2012), of Fifty Thousand Dollars ($50,000.00)
for each violation and TenThousand Dollars ($10,000.00) for each
day ofviolation;
5. Ordering Defendant pursuanr to Section 42(f) ofthe Acr,415
ILCS 5/42(f)(2012), to pay all costs, including oversight, sampling
and clean-up costs, and attomey, expertwitness and consultant fees
expended by the plaintiffs in their pursuit ofthis action; and
6. Granting such other reliefas this Court deems equitable
andjust.COUNT VI
COST RECOVERY
l. This count is brought on behalf of the pEopLE oF THE srATE oF
ILLINOTSby LISA MADIGAN, Attomey General of the state of Illinois,
on her own motion, pursuant tothe terms and provisions of section
l0(d) of the oil Spilr Responders Liability Act, 740 ILCSI l3i
10(d) (2012), and is an action to recover removal costs incuned for
overseeing response andcleanup activities arising from the release
ofoil and its degradation byproducts.
2 -16. Plaintiff realleges and incorporates by reference herein
paragraphs 2 through l6 ofCount I as paragraphs 2 through 16 ofthis
Count VL
17 . Secrion l0(d) ofthe oil Spill Responders Liabiliry Act, 740
ILCS l l3l10(d)(2012), provides as follows:
A responsibre party is liable for any damage or removal costs,
whetherpresent or future, resulting from or arising out ofany
discharg., u, Jlnn.ain Section 5.
l 8' Section 5 0f the oil Spill Responders Liability Acr, 740
ILCS n3r5 (2012),provides the following defi nitions:
',Damages" means.damages of any kind for which liability may
existunder the laws of this state resulting from, arising out oq
o.."iat"a L tn"discharge or threatened discharge
oioil..,Discharge"
means an emission, other than natural seepage, intentional
or
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unintentional, and includes, but is not limited to, spilling,
leaking,pumping, pouring, emitting, emptying, or dumping.
***
"Oil" means oil of any kind or in any form, including, but not
limited to,petroleum, fuel oil, sludge, oil refuse, and oil mixed
with a waste otherthan dredged spoil, but does not include
petroleum, including crude oil orany flaction of crude oil, that is
specifically listed or designated as ahazardous substance under
subparagraphs (A) though (F) of Section1 01 (14) of the federal
Comprehensive Environmental ResponseCompensation and Liability Act
(42 U.S.C. 9601) and that is subject to theprovision of that
Act.
"Person" means an individual, a corporation, a partnership, an
association,the State, a municipality, a conmission, or a political
subdivision of theState, or an interstate body.
"Removal costs" means the cost of removal incuned after a
discharge ofoil or when there is a substantial threat ofa discharge
of oil, the costs toprevent, minimize, or mitigate oil pollution
from an incident.
"Responsible party" means a responsible party as defined under
Sectionl00l of the Oil Pollution Act of 1990, Public Law No.
101-380 (33 U.S.C.r 001).
19. Section 1001(32) ofthe Oil Pollution Act ol 1990, 33 U.S.C.
2701(32), defines"responsible party" as:
(B) Onshore facilitiesIn the case ofan onshore facility (other
than a pipeline), any personowning or operating the facility,
except a Federal agency, State,municipality, cqmmission, or
political subdivision of a State, or anyinterstate body, that as
the owner transfers possession and right to use theproperty to
another person by lease, assignment, or permit.
The State oflllinois has incuned and will continue to incur
costs as a result of the
release ofoil and its constituent compounds into the
environment.
21. Olympic Oil is liable for the State's removal costs.
20.
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WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays
that this courr
enter an order in favor of Plaintiff and against Defendan!
OLYMPIC OIL LTD. d/b/a DELTA
COMPANIES GROUP, on this Count VI:
I . Finding that Defendant is liable for the removal costs
incurred by the Plaintiff as a
result ofthe release ofoil into the Canal, pursuant to Section
l0(d) ofthe Oil Spill RespondersLiability Act, 740 ILCS I
l3l10(d);
2. Ordering Defendant to pay to the State all costs incuned as a
result ofthe releaseof oil into the Canal; and,
3. Granting such other and further reliefas this Court deems
appropriate andjust.
PEOPLE OF THE STATE OF ILLINOIS,ex. rel. LISA MADIGAN, Attomey
Generalof the State of Illinois
MATTHEW J. DUNN, ChiefEnvironmental EnforcemenVAsbestos
Litigation Division
Environmental Bureau NorthAssistant Attorney General
Of Counsel:CHRISTOPHER GRANTL, NICHOLE SANGHAAssistant Attomeys
GeneralEnvironmental Bureau North69 W. Washington St., Suite
1800Chicago, Illinois 60602(312) [email protected].
il.uslsaneha@ate. state. il. us
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