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

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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

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

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

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

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.

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

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).

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).

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)

(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

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,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

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. 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.

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 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,

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 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

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,

16

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

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 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.

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 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) 814-s388cgrant@atg.state. il.uslsaneha@ate. state. il. us

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