The Illinois Pollution Control Board recently accepted the parties’ stipulation and proposed settlement in People v. American Excavation & Septic Services, Inc., Case No. PCB 11-55, which concerned a site located at 8937 West Stagecoach Trail in Galena, Jo Daviess County, Illinois.
The State alleged that the defendants violated the Illinois Environmental Protection Act and environmental regulations through the following actions: (1) by allowing silt-laden water to be discharged from the site into a roadside ditch and a tributary to the Galena River, respondents caused or allowed water pollution; (2) by operating heavy construction equipment in their mining operations which was capable of causing or contributing to water pollution in the roadside ditch and the tributary to the Galena River, without first obtaining an IEPA-issued construction or operating permit; (3) by depositing contaminants upon the land in such place and manner so as to create a water pollution hazard; (4) by allowing the discharge of a contaminant into the waters of the State without a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges; and (5) by preparing land for mining activities and constructing a mine-related facility without a construction permit and by conducting mining activities without an operating permit.
Under the terms of the settlement, defendants admit the alleged violations and will pay a civil penalty totalling of $8,000.
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