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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT,
CHANCERY DIVISION
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN, Attomey
General of the State of Illinois
Plaintiff,
v,
OLYMPIC OIL LTD., an Illinois corporation
d,/b/a DELTA COMPANIES GROUP,
No'
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Environmental
Protection Agency, complains of the Defendant, oLyMpIc oll LTD., an
Illinois corporation
d/b/a DELTA COMPANIES
GROUp, as follows:
Defendant.
Plaintiff, PEOPLE oF THE srATE oF ILLINOIS, ex rel, LTsAMADIGAN,
Anomey
General ofthe state oflllinois, on her orvn motion and at the request of the lllinois
tlt
.c
-l
'6
l. This Count is brought on behalfofthe People of the State of lllinois, ex rel. Lisalco
Madigan, 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) olthe
Illinois Environmental Protection Acr ("Acr"),415
ILcs sla3@) (2012),and
is an action to
restrain a substantial
danger to human health and the environment.
2' The Illinois EPA is an administrative
agency ofthe state of Illinois created
pursuant
to Section 4 ofthe Act,4l5 ILCS 514 (2012),
and is charged, inter alia,wirh the duty of
enforcing the Act.
3. At all times relevant to this Verified complaint, the Defendant,
olyMprc orl
I
U:r
COUNT I
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 and
packages 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 is
a 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 to
twenty 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
incident was reported to the Illinois Emergency Management Agency ("IEMA") (Incident
Report 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. At
that 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. At
the 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
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 the
Facility into the Canal.
12. on August 22, 2014, Illinois EpA inspected the Fac ity in response to the NRC
and 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 oil
across 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, 2014
inspection, olympic oil skimmed and removed 1,650 gallons
of oil and oily wastewater from the
retention 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, the
oil sheen in the canal had significantly increased since August22,20l4
and there was a sheen
both 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 depression
caused 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
and oily wastewater had been pumped from the wharf area soils.
15. The release ofoil and its constituent compounds into the soil, surlace water and
groundwater
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 released
into 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, as
follows:
(a)
In circumstances
of substantial danger to the environment
or to the
public health of persons
or to the welfare of persons
where such
danger is to the livelihood ofsuch persons,
the State's Affomey or
Attomey General, upon request of the Agency or on his own
motion, may institute a civil action lor an immediate injunction to
halt any discharge or other activity causing or contributing
to the
danger or to require such other action as may be necessaiy. The
court may issue an ex parte order and shall schedule a hearing on
the matter not later than 3 working days from the date- of
injunction.
I 8. The conditions at olympic o 's
Facility have not yet been fully remediated,
and
the soils at the Facility show signs of contamination from oil and its constituent
compounds. The
cause ofthe discharge is still unknown and an on-going discharge or threat ofdischarge
to the
soils and Canal remains' Defendant has not taken adequate steps to determine
what amounts of
oil and its constituents remain below surface in the soils and groundwater
and whether those
contaminants
may be migrating to the Canal.
l9 Defendant,
by causing and/or allowing the release
of oil and its constituent
compounds 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 the
Act.
20. The substantial danger alleged herein shall continue until such time as Defendant
removes 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 unless
and 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 permanent
injunction in favor of the Plaintifland against the Defendant, OLyMplC OIL LTD. d,/b/a
DELTA COMPANIES GROUP, on this Count I:
l. Finding that the Defendant has created and is maintaining a substantial danger to
the environment and public health;
2. Enjoining the Defendant from creating any further substantial endangerment
pursuant 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 as
directed 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
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. Lisa
Madigan, 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 l6
ofCount 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 the
environment in any state so as to cause or tend to cause water pouution
in Illinois, either alone or in combination with matter from other sources,
or so as to violate regulations or standards adopted by the
pollution
Control Board under this Act.
18. Section 3.315 of the Act,415 ILCS St3.3t5 (20t2),provides
the following
definition:
"PERSON" is any individual, partnership,
co-partnership,
firm, company, limited
liability company, corporation, association,
joint
stock company, truit, estate,
political
subdivision, state agency, or any other legal entity, or iheir legal
representative,
agent or assigls,
19. Olympic Oil, a corporation, is a,,person,,'as that term is defined by 415 ILCS
sl3.31s (20t2).
20. Section 3.165 of the Act,415 ILCS 513.165 (2012), provides
the following
definition:
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor, or
any form of energy, from whatever source.
21. Oil and its constituent compounds are "contaminants" as that term is defined in
Section 3.165 ofthe Act, 415 ILCS 5/3.165
(2012).
22. Section 3.545 of the Act, 415 ILCS 513.545 (2012), provides the following
definition:
"WATER POLLUTION" is such alteration of the physical, thermal,
chemical, biological or radioactive properties of any waters of the State, or
such discharge ofany contaminant into any waters ofthe State, as will or
is likely to create a nuisance or render such waters harmful or detrimental
or 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 following
definition:
"WATERS" means all accumulations of water, surface and underground,
natural, and artificial, public and private, or parts thereof, which are
wholly or partially within, flow through, or border upon this State.
24. The Canal and groundwater beneath the Facility are each "waters," as that term is
defined in Section 3.550 ofthe Act,415 ILCS 513.550 (2012).
25. By releasing oil and its constituent compounds, which are contaminants, into the
Canal 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).
26. From at least July 28,2014 through the filing ofthis Verified Complaint, on dates
better 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, 415
ILCS 5/12(a) (2012);
3. Ordering the Defendant to immediately undertake the necessary corrective action
that will result in a final and permanent abatement ofviolations of Section l2(a) ofthe Act, 415
ILCS 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 Ten
Thousand Dollars ($10,000.00) for each day ofviolation;
5. Ordering Defendant pursuant to Section 42(f1 ofthe Act,415 ILCS 5/42(f)
(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, as
follows:
No person shall:
(d) Deposit any contaminants upon the land in such place and manner so as
to create a water pollution hazard.
25. From at least July 28, 2014 through the filing of this Verified Complaint, on dates
better 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 irreparably
injured 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
l0
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,415
ILCS 5/r2(d)
(2012);
3. Ordering the Defendant to immediately undertake the necessary conective action
that 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
1l
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. Code
302.203, provides, in pertinent part, as follows:
Offensive Conditions
Waters of the State shall be free from sludge or bottom deposits, floating
debris, visible oil, odor, plant or algal growth, color or turbidity of other
than natural origin. . . .
26. Defendant's discharge ofoil and its constituent compounds caused the waters of
the Canal to have visible oil and ururatural color and turbidity.
27. By allowing oil and its constituent compounds to enter the Canal, where it caused
visible 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 ineparably
injured 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:
12
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. Code
302.203;
2. Enjoining Defendant from ftrther violations of Section l2(a) olthe Act,4l5
ILCS 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 action
that will result in a final and permanent abatement ofviolations
ofSection l2(a) ofthe Act,4l5
ILCS 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 ren
Thousand 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, 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 andjust.
COUNT V
OPEN DUMPING
l-18. Plaintiff realleges and incorporates
by reference herein paragraphs
2 through l6
ofcount 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.
l3
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 a
disposal 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 supply
treatrnent plant, or air pollution
control facility or other discarded material,
including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining and agricultural operations, and from community
activities...
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 or
placing
of any waste or hazardous waste into or on any land or watei or into Ly
well so that such waste or hazardous waste or any constituent thereof may entei
the environment or be emitted into the air or discharged into any waters, lncluding
ground
waters,
14
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 of
waste on land meeting the requirements of the Resoruce Conservation and
Recovery Act, P.L. 94-580, and regulations thereunder, and without creating
nuisances or hazards to public health or safety, by confining the refuse to the
smallest practical volume and covering it with a layer ofeadh at the conclusion of
each day's operation, or by such other methods and intervals as the Board may
provide 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-solid
substances 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./or
semi-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 the
Site.
31. Since Defendant does not have a permit from the Illinois EPA for the disposal of
waste at the Site, the Site does not meet the requirements of a "sanitary landfill," as that term is
15
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 Site
constitutes "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 dates
better 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 ineparably
injured 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 5
ILCS s/21(a) (2012);
3. Ordering the Defendant to immediately undertake the necessary corrective action
that will result in a final and permanent abatement ofviolations of Section 2l(a) ofthe Act, 415
ILCS 5/12(a) (2012);
4. Assessing against Defendant civil penalties pursuant to Section 42(a) ofthe Act,
16
415 ILCS 5142(a) (2012), of Fifty Thousand Dollars ($50,000.00)
for each violation and Ten
Thousand 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, 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 VI
COST RECOVERY
l. This count is brought on behalf of the
pEopLE
oF THE srATE oF ILLINOTS
by LISA MADIGAN,
Attomey General of the state of Illinois, on her own motion, pursuant
to
the terms and provisions
of section l0(d) of the oil Spilr Responders
Liability Act, 740 ILCS
I l3i 10(d) (2012),
and is an action to recover removal costs incuned for overseeing
response and
cleanup activities arising from the release ofoil and its degradation
byproducts.
2 -16. Plaintiff realleges and incorporates
by reference herein paragraphs
2 through l6 of
Count 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, whether
present
or future, resulting from or arising out ofany discharg.,
u, Jlnn.a
in 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 exist
under 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
t7
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 other
than dredged spoil, but does not include petroleum, including crude oil or
any flaction of crude oil, that is specifically listed or designated as a
hazardous substance under subparagraphs (A) though (F)
of Section
1 01
(14) of the federal Comprehensive Environmental Response
Compensation and Liability Act (42 U.S.C. 9601) and that is subject to the
provision of that Act.
"Person" means an individual, a corporation, a partnership,
an association,
the State, a municipality, a conmission, or a
political
subdivision of the
State, or an interstate body.
"Removal costs" means the cost of removal incuned after a discharge of
oil or when there is a substantial threat ofa discharge of oil, the costs to
prevent, minimize, or mitigate oil pollution from an incident.
"Responsible party" means a responsible party as defined under Section
l00l 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 facilities
In the case ofan onshore facility
(other than a pipeline), any person
owning or operating the facility, except a Federal agency, State,
municipality, cqmmission, or political subdivision of a State, or any
interstate body, that as the owner transfers possession and right to use the
property 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.
l8
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 Responders
Liability Act, 740 ILCS I l3l10(d);
2. Ordering Defendant to pay to the State all costs incuned as a result ofthe release
of 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 General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental EnforcemenV
Asbestos Litigation Division
Environmental Bureau North
Assistant Attorney General
Of Counsel:
CHRISTOPHER GRANT
L, NICHOLE SANGHA
Assistant Attomeys General
Environmental Bureau North
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-s388
cgrant@atg.state. il.us
lsaneha@ate. state. il. us
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