The Illinois Attorney General's office recently settled an enforcement action seeking an injunction and civil penalties for alleged water pollution violations.  The case, People v. Inverse Investments LLC, dealt with an owner of property located in McHenry, Illinois, which was formerly used at various times as an automotive repair shop, a dry cleaning operation, and as a tire shop.  The Attorney General alleged that since at least August 2003, chlorinated volatile organic compounds were present in the groundwater at the Site.  Thus, an enforcement action was brought against the defendant alleging that it caused, threatened, or allowed the discharge of contaminants into the environment so as to cause or tend to cause water pollution.  The action sought a civil penalty of $50,000 for each violation plus an additional $10,000 per day of violation, along with an order requiring that the defendant cease and desist from committing any further violations of the Illinois Environmental Protection Act.

U.S. EPA recently announced that a proposed consent decree in United States v. S.H. Bell Co., Case No. 16-cv-07955, was lodged with the U.S. District Court for the Northern District of Illinois.  In a civil action filed in August 2016, the United States sought a civil penalty against the defendant for alleged violations of the Clean Air Act.  These violations were alleged to have occurred at the defendant's bulk material handling facility located at 10218 South Avenue O in Chicago, Illinois.  Click here for a copy of the consent decree.

According to a recent court decision, the Illinois Pollution Control Board exceeded its authority and acted arbitrarily and capriciously when it placed several conditions on an adjusted pollution standard in a wastewater discharge permit.  This case is significant because it curbs the ability of the Board to impose requirements on businesses that are unreasonable and not authorized by Illinois law. At issue in Emerald Performance Materials, LLC v. Illinois Pollution Control Board was a wastewater treatment plant that Emerald Performance Materials used to process wastewater from operations that included PVC resin manufacturing and production of accelerators and antioxidants.  After treatment, the wastewater is eventually discharged into the Illinois River, and the discharge exceeds the 3 mg/L total ammonia nitrogen effluent levels allowed by Illinois law.  The ammonia nitrogen that is discharged is formed in the wastewater treatment process and apparently not during the manufacturing processes used by Emerald.

The Illinois Attorney General's Office recently settled an environmental enforcement action that serves as a reminder to all construction companies and businesses that plan to build new facilities or stores.  The enforcement action sought civil penalties for alleged violations of the clean water provisions of the Illinois Environmental Protection Act.  In People v. Casey's Retail Co., the State alleged that the defendant violated the water pollution, water pollution hazard, and storm water permit provisions of the IEPA Act during construction of a retail store located in Peru, IL.  More specifically, the State alleged that the defendant failed to properly manage storm water erosion controls and failed to make available proper documentation as required by the storm water permit for the site.  For instance, the State claimed that the defendant failed to maintain and provide adequate documentation of a Storm Water Pollution Prevention Plan ("SWPPP").  The SWPPP failed to include an adequate description of appropriate controls to be implemented at the Site, failed to include a description of the procedures to maintain the erosion and sediment control measures, and failed to comply with ongoing inspection requirements.

The U.S. Environmental Protection Agency recently proposed changes to existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act to align these regulations with revisions to the Occupational Safety and Health Administration’s Hazard Communications Standard, and with changes to the OSHA Respiratory Protection Standard and the National Institute for Occupational Safety and Health respirator certification requirements pertaining to respiratory protection of workers from exposure to chemicals.  Click here to view the proposed rule published in the Federal Register.

The Illinois Supreme Court has ruled, in Hampton v. Metropolitan Water Reclamation District of Greater Chicago, that property owners may recover compensation under the Illinois Takings Clause when government action results in temporary flooding of their properties.  The Plaintiffs sued the MWRD, which is responsible for stormwater management, alleging that their properties were flooded and their sewers backed up when the MWRD took actions in the face of a heavy rainfall.

Yesterday, the Illinois Pollution Control Board published its January 2016 Environmental Register, which summarizes the Board's actions with regard to rulemaking and decisions in environmental lawsuits.  The Board remains very active on the regulatory front regarding water pollution, especially concerning the public water supply and surface water discharges.  The Environmental Register also trumpets the Second District Court of Appeals' ruling that affirmed the Board's administrative citation against a business for open dumping of litter and general construction or demolition debris.  It appears that the Board remains a hardworking group of professionals in a very tough political climate.