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 settlement agreement stated that the defendant came into compliance when it completed construction of its store, and the defendant agreed to pay a $12,000 civil penalty.  Click here to view the settlement documents.