IN THE COURT OF COMMON PLEAS FRANKLIN · PDF file30 EAST BROAD STREET, ... COMPLAINT The State of Ohio, ... Site #16 is discharged to an unnamed tributary to Anderson Fork;

IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO

STATE OF OHIO, ex rel. JIM PETRO, : CASE NO. _______________ ATTORNEY GENERAL OF OHIO, : 30 EAST BROAD STREET, 25TH FLOOR : JUDGE __________________ COLUMBUS, OHIO 43215-3400 : : Plaintiff, : : v. : : PILOT OIL CORPORATION : (PILOT OIL) : c/o CT CORPORATION SYSTEM, : STATUTORY AGENT : 1300 EAST NINTH STREET : CLEVELAND, OHIO 44114 : : and : : PILOT TRAVEL CENTERS LLC : c/o CT CORPORATION SYSTEM, : STATUTORY AGENT : 1300 EAST NINTH STREET : CLEVELAND, OHIO 44114 : : Defendants. :

COMPLAINT

The State of Ohio, on relation of its Attorney General Jim Petro, at the written request of

the Director of the Ohio Environmental Protection Agency (hereinafter “Director” and “Ohio

EPA” respectively), hereby institutes this action to enforce Chapter 6111 of the Ohio Revised

Code (hereinafter “R.C.”) and the rules adopted thereunder.

Pursuant to Rule 8(A) of the Ohio Rules of Civil Procedure, the State of Ohio recites that

this Complaint seeks civil penalties in excess of twenty-five thousand dollars ($25,000).

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I. GENERAL ALLEGATIONS

1. Defendant Pilot Oil Corporation (Pilot Corporation) is a corporation organized and

existing under the laws of the State of Tennessee, that currently holds a valid Certificate of

Registration with the Ohio Secretary of State to transact business in the State of Ohio

(hereinafter “Defendant” and/or “Pilot Oil”).

2. Defendant Pilot Travel Centers LLC is a limited liability company formed on

September 1, 2001, organized and existing under the laws of the State of Delaware, that currently

holds a valid Certificate of Registration with the Ohio Secretary of State to transact business in

the State of Ohio (hereinafter “Defendant” and/or “Pilot Travel”).

3. Pilot Oil and Pilot Travel both maintain their principal place of business at 5508

Lonas Drive, Knoxville, Tennessee, 37909.

4. Pilot Oil and Pilot Travel are both “persons” as that term is defined by R.C. 1.59(C),

R.C. 6111.01(I) and O.A.C. 3745-33-01(Z).

5. At all times relevant to this Complaint, Defendants Pilot Oil and/or Pilot Travel have

been the owners and/or operators of at least the following 24 travel centers in the State of Ohio:

Site #2, 2246 State Route 45, Austinburg, OH 44010 (Ashtabula County); Site #3, 1150 North Canfield-Niles Road, Austintown, OH 44515 (Mahoning County); Site #4, 39115 Colorado Road, Avon, OH 44011 (Lorain County); Site #6, 61700 Southgate Road, Cambridge, OH 43725 (Guernsey County); Site #8, 25600 US Highway 23 South, Circleville, OH 43113 (Pickaway County); Site #9, 6830 Franklin-Lebanon Road, Franklin, OH 45005 (Warren County); Site #11, 10920 Market Street, North Lima, OH 44452 (Mahoning County); Site #12, 3430 Libbey Road, Perrysburg, OH 43551 (Wood County); Site #13, 8924 Lake Road, Seville, OH 44273 (Medina County); Site #14, 7680 East State Route 36, Sunbury, OH 43074 (Delaware County); Site #15, 5820 Hagman Road, Toledo, OH 43612 (Lucas County); Site #16, 5772 US 68 North Wilmington, OH 45177 (Clinton County); Site #130, 5219 Brecksville Road, Richfield, OH 44286 (Summit County); Site #213, 3600 Interchange Rd., Columbus, OH 43204 (Franklin County); Site #239, 1600 East Wyandot Ave., Upper Sandusky, OH 43351 (Wyandot County); Site #281, 2786 Salt Springs Road, Girard, OH 44420 (Trumbull County);

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Site #285, 10258 Lancaster Road SW, Hebron, OH 43025 (Licking County); Site #286, 6141 US 127 North, Eaton, OH 45320 (Preble County); Site #287, 10048 Avon Lake Road, Burbank, OH 44214 (Wayne County); Site #309, 44133 Fairground Road, Caldwell, OH 43724 (Noble County); Site #360, 11471 State Route 613, West Findlay, OH 45840 (Hancock County); Site #454, 1365 S.R. 42 NE, London, OH 43140 (Madison County); Site #455, 488 State Rt. 61, Marengo, OH 43334 (Morrow County); and Site #457, 427 East Main St., Beaverdam, OH 45808 (Allen County), (hereinafter “Defendants’ 24 Ohio Sites”). Each of these travel centers has restrooms, showers,

fuel dispensing islands, truck washing facilities, and at least one restaurant. Certain of these

travel centers also offer laundry rooms.

6. On or about September 1, 2001, Defendant Pilot Travel assumed ownership and/or

responsibility for all of the Pilot Travel Centers that were owned by Defendant Pilot Oil on or

about August 31, 2001.

7. From about September 1, 2001 until about March 10, 2003, Defendant Pilot Travel

owned and/or operated a travel center located at 7837 East Lincoln Highway, Lima, Oh 45801,

Allen County, (hereinafter “Site #005”). During Defendant Pilot Travel’s ownership this travel

center had restrooms, fuel dispensing islands, and truck washing facilities.

A. Defendants Generate(d) Wastewater At Each Of Defendants’ 24 Ohio Sites 8. Each of Defendants’ 24 Ohio Sites generate(d) wastewater as a direct result of various

aspects of operation including the restrooms, showers, restaurants, and/or laundry facilities at the

Sites.

9. The wastewater generated at each of Defendants’ 24 Ohio Sites is, and at all times

relevant to this Complaint has been, “sewage,” “industrial waste,” “other wastes,” and/or

“pollutants” as those terms are defined in R.C. 6111.01(B), (C) and (D), and in O.A.C. 3745-33-

01(BB) respectively.

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10. The “sewage,” “industrial waste,” “other waste,” and/or “pollutants” generated by

Defendants at each of Defendants’ 24 Ohio Sites (hereinafter “wastewater”) is sent to municipal

wastewater treatment works or “Publicly Owned Treatment Works” for treatment, with the

exception of Sites #16, #285, #286 and #360.

11. At all times relevant to this Complaint at Sites #16, #285, #286 and #360, Defendants

have owned and/or operated “sewerage systems,” “treatment works,” “disposal systems,” and/or

“wastewater treatment facilities,” as those terms are defined by R.C. 6111.01(E), (F) and (G) and

O.A.C. 3745-33-01(QQ) respectively (hereinafter “WWTW”).

12. The wastewater generated at Defendants’ Sites #16, #285, #286, and #360 is treated

in an on-site WWTW, then discharged to “waters of the state” as that term is defined in R.C.

6111.01(H) and O.A.C. 3745-33-01(UU), specifically, the wastewater generated at Defendants’:

Site #16 is discharged to an unnamed tributary to Anderson Fork; Site #285 is discharged to Bell Run; Site #286 is discharged to an unnamed tributary to Goose Run; and Site #360 is discharged to Rock Ford Creek.

B. Defendant Pilot Travel Generated Wastewater At Site #005 13. Site #005 generated wastewater as a direct result of various aspects of operation

including the restrooms, showers, and restaurant at the Site.

14. The wastewater generated at Site #005 was, and at all times relevant to this

Complaint had been, “sewage,” “industrial waste,” “other wastes,” and/or “pollutants” as those

terms are defined in R.C. 6111.01(B), (C) and (D), and in O.A.C. 3745-33-01(BB) respectively.

15. From about September 1, 2001 to about March 10, 2003, Defendant Pilot Travel

owned and/or operated a WWTW at Site #005.

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16. The wastewater generated at Site #005 was treated in the on-site WWTW then

discharged to “waters of the state” as that term is defined in R.C. 6111.01(H) and O.A.C. 3745-

33-01(UU), specifically, Little Riley Creek.

C. Defendants Generate Wastewater Associated With The Fuel Dispensing Islands At Each Of Defendants’ 24 Ohio Sites 17. Each of Defendants’ 24 Ohio Sites generates wastewater in the form of spilled or

used gasoline, diesel, kerosene, motor oil, detergents, surfactants, degreasers, and/or wash

waters, mixed with water, as a direct result of using and operating the fuel dispensing islands and

truck washing facilities (hereinafter “island area waste”).

18. The island area waste generated at each of Defendants’ 24 Ohio Sites is, and at all

times relevant to this Complaint has been, “industrial waste,” “other wastes,” and/or “pollutants”

as those terms are defined in R.C. 6111.01(C) and (D), and in O.A.C. 3745-33-01(BB)

respectively.

19. The island area waste generated by Defendants at Sites #9 and #455 is sent to

municipal wastewater treatment works or “Public Owned Treatment Works” for treatment.

20. The island area waste generated by Defendants at each of Defendants’ 24 Ohio Sites

is sent to and treated by at least one (1) on-site Oil and Water Separator (hereinafter “O/S”) and

then, with the exception of Sites #9 and #455, is discharged to “waters of the state” as that term

is defined in R.C. 6111.01(H) and O.A.C. 3745-33-01(UU). Specifically: the island area waste

generated at Defendants’:

Site #2 is discharged to Coffee Creek; Site #3 is discharged to an unnamed tributary of Meander Reservoir; Site #4 is discharged to French Creek; Site #6 is discharged to an unnamed tributary of Wills Creek; Site #8 is discharged to an unnamed tributary of Scippo Creek; Site #11 is discharged to an unnamed tributary of Mill Creek; Site #12 is discharged to an unnamed tributary of Crane Creek;

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Site #13 is discharged to an unnamed tributary of Chippewa Creek; Site #14 is discharged to an unnamed tributary of Johnson Run; Site #15 is discharged to Silver Creek; Site #16 is discharged to an unnamed tributary of Anderson Fork; Site #130 is discharged to an unnamed tributary of Furnace Run; Site #213 is discharged to Dry Run Creek; Site #239 is discharged to the Sandusky River; Site #281 is discharged to Four Mile Run; Site #285 is discharged to Bell Run; Site #286 is discharged to an unnamed tributary to Goose Run; Site #287 is discharged to an unnamed tributary of Little Killbuck Creek; Site #309 is discharged to an unnamed tributary of Duck Creek; Site #360 is discharged to Rock Ford Creek; Site #454 is discharged to an unnamed tributary of Glade Run; Site #457 is discharged to an unnamed tributary of May Ditch.

21. Each of the O/Ss located at Defendants’ 24 Ohio Sites are, and at all times relevant to

this Complaint have been, “disposal systems” and “treatment works” as those terms are defined

by R.C. 6111.01(G) and (F) respectively.

22. Certain substances discharged into the O/Ss located at each of Defendants’ 24 Ohio

Sites, including detergents, surfactants, degreasers, and/or wash waters, interfered with the

ability of the O/Ss to remove spilled gasoline, diesel, kerosene and/or motor oil prior to

discharging effluent to waters of the state, thereby allowing spilled or used gasoline, diesel,

kerosene, motor oil, detergents, surfactants, degreasers, and/or wash waters to pass through the

O/Ss and into waters of the state.

D. Defendant Pilot Travel Generated Wastewater Associated With Fuel Dispensing Islands At Site #005 23. Defendant Pilot Travel’s Site #005 generated wastewater in the form of spilled or

used gasoline, diesel, kerosene, motor oil, detergents, surfactants, degreasers, and/or wash

waters, mixed with water, as a direct result of using and operating the fuel dispensing islands and

truck washing facilities (hereinafter “island area waste”) which was, and at all times relevant to

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this Complaint had been, “industrial waste,” “other wastes,” and/or “pollutants” as those terms

are defined in R.C. 6111.01(C) and (D), and in O.A.C. 3745-33-01(BB) respectively.

24. The island area waste generated by Defendant Pilot Travel at Site #005 was sent to

and treated by at least one (1) on-site O/S and then discharged to “waters of the state” as that

term is defined in R.C. 6111.01(H) and O.A.C. 3745-33-01(UU), specifically, to Little Riley

Creek.

25. Each of the O/Ss located at Site #005 was, and at all times relevant to this Complaint

had been, a “disposal system” and “treatment works” as those terms are defined by R.C.

6111.01(G) and (F) respectively.

26. Certain substances discharged into the O/Ss located at Site #005, including

detergents, surfactants, degreasers, and/or wash waters, interfered with the ability of the O/Ss to

remove spilled gasoline, diesel, kerosene and/or motor oil prior to discharging effluent to waters

of the state, thereby allowing spilled or used gasoline, diesel, kerosene, motor oil, detergents,

surfactants, degreasers, and/or wash waters to pass through the O/Ss and into waters of the state.

E. NPDES Permits Are Required For Discharges Of Sewage, Industrial Wastes And/Or Other Wastes To Waters Of The State And Discharges Must Comply With The Terms And Conditions Of The NPDES Permits 27. R.C. 6111.01(A) defines “pollution” as the placing of any sewage, industrial waste or

other wastes into any waters of the state.

28. R.C. 6111.04(A) and O.A.C. 3745-33-02 prohibit any person from causing pollution

or placing or causing to be placed any industrial waste or other wastes in a location where they

cause pollution of any waters of the state unless that person holds a valid, unexpired NPDES

Permit issued by the Director. O.A.C. 3745-33-02 was issued or adopted by the Director

pursuant to R.C. 6111.03 and has been in effect at all times relevant to this Complaint.

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29. R.C. 6111.07 provides that no person shall violate or fail to perform any duty

imposed by R.C. 6111.01 through 6111.08 or violate any rule issued or adopted by the Director

pursuant to R.C. 6111.03, or violate terms or conditions of a permit issued or adopted by the

Director pursuant to R.C. 6111.01 through 6111.08.

30. At all times relevant to this Complaint, Defendants held valid, unexpired NPDES

Permits issued by the Director pursuant to R.C. 6111.01 through 6111.08 which imposed terms

and conditions on the discharges of sewage, industrial waste and/or other wastes from

Defendants’ WWTWs located at Defendants’ Sites #16, #285, #286 and #360 and at Site #005.

31. At all times relevant to this Complaint, Defendants held valid, unexpired NPDES

Permits issued by the Director pursuant to R.C. 6111.01 through 6111.08 which imposed terms

and conditions on the discharges of industrial waste and/or other wastes from Defendants’ O/Ss

located at Sites #2, #11, #12, #281, #285, and #286.

32. Defendants failed to obtain valid, unexpired NPDES Permits issued by the Director

pursuant to R.C. 6111.01 through 6111.08 for discharges of industrial waste and/or other wastes

from Defendants’ O/Ss located at Sites #3, #4, #005, #6, #8, #13, #14, #15, #16, #130, #213,

#239, #287, #309, #360, #454, and #457, and this failure continues to present, with the exception

of Site #005.

33. R.C. 6111.04(C) prohibits any person to whom an NPDES Permit has been issued

from placing or discharging, or causing to be placed or discharged, in any waters of the state, any

sewage, industrial waste, or other wastes in excess of the permissive discharge limitations

specified under an existing NDPES Permit.

34. R.C. 6111.07(A) prohibits any person from violating any term or condition of a

permit issued by the Director pursuant to R.C. 6111.01 through 6111.08.

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35. Defendants discharged pollutants to waters of the state from their WWTWs in excess

of the permissive discharge limitations and in violation of the terms and conditions specified in

the applicable NPDES Permits at Sites #285, #286, #360 and #005, and these violations continue

to present, with the exception of Site #005.

36. Defendants discharged pollutants to waters of the state from its O/Ss in excess of the

permissive discharge limitations and in violation of the terms and conditions specified in the

applicable NPDES Permits at Sites #12, #281, #285 and #286, and these violations continue to

present.

F. Permits To Install Are Required Prior To Installation Or Modification Of O/Ss

37. O.A.C. 3745-31-02(A)(1), effective at all times relevant to this Complaint through

October 16, 2003, renumbered and effective as O.A.C. 3745-42-02(A)(1) on October 17, 2003,

states, in relevant part, that no person shall cause, permit or allow the installation owned by

Defendant Pilot Travel.

G. Defendants’ Operations Place Materials Into Waters Of The State In Violation Of O.A.C. 3745-1-04 38. O.A.C. 3745-1-04 requires that all waters of the state be free from, among other

things:

(A) suspended solids or other substances that enter the water as a result of human activity and that will settle to form putrescent or otherwise objectionable sludge deposits, or that will adversely affect aquatic life; (B) floating debris, oil, scum and other floating materials entering the waters as a result of human activity in amounts sufficient to be unsightly or cause degradation; (C) materials entering the waters as a result of human activity producing color, odor or other conditions in such a degree as to create a nuisance; (D) substances entering the waters as a result of human activity in concentrations that are toxic or harmful to human, animal or aquatic life and/or are rapidly lethal in the mixing zone.

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O.A.C. 3745-1-04 was issued or adopted by the Director pursuant to R.C. 6111.03 and has been

in effect at all times relevant to this Complaint.

39. R.C. 6111.07(A) prohibits any person from violating any rule issued by the Director

pursuant to R.C. 6111.01 through 6111.08.

40. Defendants placed spilled gasoline, diesel, kerosene and/or motor oil on Sites #12,

#14, #130, #213, #285, #360 and #457 in locations where they entered waters of the state,

creating conditions that adversely affect aquatic life, creating conditions that are harmful to

human, animal and/or aquatic life, creating conditions that may impair designated instream or

downstream uses, creating nuisance conditions, creating unsightly conditions, causing noticeable

accumulations of sheen, and/or causing degradation, thereby violating O.A.C. 3745-1-04, R.C.

6111.04 and R.C 6111.07(A), and these violations continue to present.

41. Defendants discharged spilled gasoline, diesel, kerosene and/or motor oil to waters of

the state from their O/Ss and/or placed, or caused or allowed to be placed, spilled gasoline,

diesel, kerosene and/or motor oil in locations where they entered waters of the state from Sites

#213, #281 and #285, creating conditions that adversely affect aquatic life, creating conditions

that are harmful to human, animal and/or aquatic life, creating conditions that may impair

designated instream or downstream uses, creating nuisance conditions, creating unsightly

conditions, causing noticeable accumulations of sheen, and/or causing degradation, thereby

violating O.A.C. 3745-1-04, R.C. 6111.04 and 6111.07(A), and these violations continue to

present.

42. The Allegations contained in Paragraphs one (1) through forty-one (41) are hereby

incorporated into each and every Count of this Complaint as if fully restated therein.

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II. COUNT ONE - SITE #285 DEFENDANTS FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF

THE NPDES PERMIT(S) ISSUED FOR SITE #285 43. On March 23, 1995, the Director issued NPDES Permit No. 4IN00158*AD to

Defendant Pilot Oil, permitting Pilot Oil to discharge sewage and industrial waste from outfall

001, the WWTW at Site #285, and industrial waste from outfall 002, the O/S at Site #285, to Bell

Run in accordance with the terms and conditions of the Permit. The effective date of NPDES

Permit No. 4IN00158*AD was May 1, 1995. A copy of NPDES Permit No. 4IN00158*AD is

attached hereto as Exhibit A and is hereby incorporated by reference as if fully rewritten herein.

44. On February 6, 2001, the Director issued NDPES Permit No. 4IN00158*BD to

Defendant Pilot Oil, permitting Pilot Oil to discharge sewage and industrial waste from the

WWTW and industrial waste from the O/S at Site #285, to Bell Run in accordance with the

terms and conditions of the Permit. NPDES Permit No. 4IN00158*BD became effective on

March 1, 2001. A copy of this permit is attached hereto as Exhibit B and is hereby incorporated

by reference as if fully rewritten herein.

45. On November 8, 2002, the Director approved a Notice of Intent to Transfer NDPES

Permit No. 4IN00158*BD to Defendant Pilot Travel, permitting Pilot Travel to discharge sewage

and industrial waste from the WWTW and industrial waste from the O/S at Site #285, to Bell

Run in accordance with the terms and conditions of the Permit. The effective date of the transfer

was September 1, 2001.

A. Defendants Violated The Discharge Effluent Limitations In The NPDES Permit(S) For Site #285 A. Concentration Limitation Violations For Site #285- Pilot Oil

46. On or about July 27, 1995; March 14, 1996; August 7, 1996; October 10, 1996;

December 10, 1996; May 22, 1997; September 2, 1997; November 5, 26, 1997; December 3,

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1997; March 17, 1998; April 19, 28, 1998; June 6, 1999; July 27, 1999; February 23, 2000; April

12, 26, 2000; July 19, 2000; September 13, 2000; October 25, 2000; December 14, 27, 2000;

January 23, 2001; February 6, 2001; and at other times as yet unknown to Plaintiff, Defendant

Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A) by discharging

sewage, industrial waste and/or other wastes from its WWTW at Site #285 to waters of the state

in excess of the daily maximum effluent concentration limitation for total suspended solids

set forth in the NPDES Permit.

47. On or about March 13, 27, 2001; May 1, 2001; June 5, 19, 2001; July 10, 2001; and

at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No.

4IN00158*BD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes

from its WWTW at Site #285 to waters of the state in excess of the daily maximum effluent

concentration limitation for total suspended solids set forth in the NPDES Permit.

48. On or about July 1995, December 1995, February 1996, March 1996, August 1996,

October 1996, November 1996, December 1996, January 1997, May 1997, September 1997,

November 1997, December 1997, March 1998, February 2000, April 2000, July 2000,

September 2000, October 2000, November 2000, December 2000, January 2001, February 2001,

and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No.

4IN00158*AD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes

from its WWTW at Site #285 to waters of the state in excess of the thirty (30) day effluent


49. On or about March 2001, May 2001, June 2001, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A)

by discharging sewage, industrial waste and/or other wastes from its WWTW at Site #285 to

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waters of the state in excess of the thirty (30) day effluent concentration limitation for total

suspended solids set forth in the NPDES Permit.

50. On or about July 1995, February 1996, March 1996, April 1996, May 1997, twice in

September 1997, twice in February 1998, April 2000, September 2000, twice in December 2000,

January 2001, February 2001, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil

violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A) by discharging sewage,

industrial waste and/or other wastes from its WWTW at Site #285 to waters of the state in excess

of the seven (7) day effluent concentration limitation for carbonaceous biological oxygen

demand set forth in the NPDES Permit.

51. On or about twice in March 2001, April 2001, May 2001, June 2001, and at other

times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No.


from its WWTW at Site #285 to waters of the state in excess of the seven (7) day effluent

concentration limitation for carbonaceous biological oxygen demand set forth in the NPDES

Permit.

52. On or about July 1995, August 1995, September 1995, October 1995, November,

1995, December 1995, January 1996, February 1996, March 1996, April 1996, May 1996, May

1997, September 1997, February 1998, April 2000, December 2000, January 2001, February

2001, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES

Permit No. 4IN00158*AD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or

other wastes from its WWTW at Site #285 to waters of the state in excess of the thirty (30) day

effluent concentration limitation for carbonaceous biological oxygen demand set forth in the

NPDES Permit.

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53. On or about March 2001, April 2001, May 2001, June 2001, and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*BD and R.C.

6111.07(A) by discharging sewage, industrial waste and/or other wastes from its WWTW at Site

#285 to waters of the state in excess of the thirty (30) day effluent concentration limitation for

carbonaceous biological oxygen demand set forth in the NPDES Permit.

54. On or about June 1996, August 1996, October 1996, May 1997, thrice in June 1997,

thrice in July 1997, twice in September 1997, October 1997, October 1998, twice in February

1999, twice in June 1999, July 1999, August 1999, September 1999, October 1999, March 2000,

twice in April 2000, twice in May 2000, twice in June 2000, twice in July 2000, twice in August

2000, twice in September 2000, October 2000, twice in December 2000, and at other times yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C.


#285 to waters of the state in excess of the seven (7) day effluent concentration limitation for

nitrogen, ammonia set forth in the NPDES Permit.

55. On or about March 2001, June 2001, and at other times yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by

discharging sewage, industrial waste and/or other wastes from its WWTW at Site #285 to waters

of the state in excess of the seven (7) day effluent concentration limitation for nitrogen,

ammonia set forth in the NPDES Permit.

56. On or about June 1996, August 1996, October 1996, May 1997, June 1997, July

1997, September 1997, October 1997, October 1998, February 1999, June 1999, August 1999,

September 1999, October 1999, March 2000, April 2000, May 2000, June 2000, July 2000,

August 2000, September 2000, October 2000, December 2000, and at other times as yet

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unknown to Plaintiff, Defendant Pilot Oil violated NDPES Permit No. 4IN00158*AD and R.C.

6111.07(A) by discharging sewage, industrial waste and other wastes from its WWTW at Site

#285 to waters of the state in excess of the thirty (30) day effluent concentration limitation for


57. On or about March 2001, June 2001, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NDPES Permit No. 4IN00158*BD and R.C. 6111.07(A) by

discharging sewage, industrial waste and other wastes from its WWTW at Site #285 to waters of

the state in excess of the thirty (30) day effluent concentration limitation for nitrogen,


58. On or about October 1997, and at other times as yet unknown to Plaintiff, Defendant



in excess of the seven (7) day effluent concentration limitation for fecal coliform set forth in

the NPDES Permit.

59. On or about May 2001, June 2001, and at other times as yet unknown to Plaintiff,



of the state in excess of the seven (7) day effluent concentration limitation for fecal coliform


60. On or about October 1997, July 1999, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A) by


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of the state in excess of the thirty (30) day effluent concentration limitation for fecal coliform


61. On or about May 2001, June 2001, and at other times as yet unknown to Plaintiff,



of the state in excess of the thirty (30) day effluent concentration limitation for fecal coliform


62. On or about September 8, 1999; and at other times as yet unknown to Plaintiff,



of the state in excess of the daily maximum effluent concentration limitation for oil and

grease set forth in the NPDES Permit.

63. On or about April 4, 2002; and at other times as yet unknown to Plaintiff, Defendant

Pilot Oil violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging


in excess of the daily maximum effluent concentration limitation for oil and grease set forth

in the NPDES Permit.

64. On or about September 1999, and at other times as yet unknown to Plaintiff,



of the state in excess of the thirty (30) average maximum effluent concentration limitation

for oil and grease set forth in the NPDES Permit.

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65. On or about April 2002 and at other times as yet unknown to Plaintiff, Defendant



in excess of the thirty (30) average maximum effluent concentration limitation for oil and


66. On or about July 24, 2001, and at other times as yet unknown to Plaintiff, Defendant



in amounts less than the daily minimum effluent concentration limitation for dissolved

oxygen set forth in the NPDES Permit.

67. In May 1998, October 1998, January 1999, February 1999, March 1999, April 1999,

May 1999, June 1999, July 1999, August 1999, September 1999, October 1999, November 1999,

December 1999, January 2000, February 2000, March 2000, and at other times as yet unknown

to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C.

6111.07(A) by discharging industrial waste and/or other wastes from its O/S at Site #285 to

waters of the state in excess of the daily maximum effluent limitation for oil and grease set

forth in the NPDES Permit.

68. In May 1998, October 1998, January 1999, February 1999, March 1999, April 1999,


December 1999, January 2000, February 2000, March 2000, and at other times as yet unknown

to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C.

6111.07(A) by discharging industrial waste and/or other wastes from its O/S at Site #285 to

waters of the state in excess of the thirty (30) day maximum effluent limitation for oil and

18


69. In March 2001, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil

violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging industrial waste

and/or other wastes from its O/S at Site #285 to waters of the state in excess of the daily

maximum effluent limitation for oil and grease set forth in the NPDES Permit.


violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging industrial waste

and/or other wastes from its O/S at Site #285 to waters of the state in excess of the thirty (30)

day average effluent limitation for oil and grease set forth in the NPDES Permit.

b. Concentration Limitation Violations For Site #285 – Pilot Travel

71. On or about September 25, 2001; October 2, 16, 2001; November 20, 2001;

December 6, 2001; February 3, 12, 20, 2002; March 6, 25, 2002; April 4, 2002; May 28, 2002;

June 4, 2002; August 6, 20, 2002; October 8, 2002; February 25, 2003; May 20, 2003; June 10,

2003; October 14, 21, 2003; December 16, 2003; January 27, 2004; February 3, 17, 2004; March

16, 22, 2004; May 18, 2004; June 8, 22, 2004; July 6, 2004; September 2004, October 2004,

November 2004, twice in February 2005, March 2005, twice in May 2005, June 2005, July 2005,

twice in September 2005, twice in October 2005, twice in November 2005, twice in December

2005, twice in January 2006, February 2006, March 2006, twice in April 2006, twice in May

2006, and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES

Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or

other wastes from its WWTW at Site #285 to waters of the state in excess of the daily

maximum effluent concentration limitation for total suspended solids set forth in the NPDES

Permit.

19

72. On or about September 2001, October 2001, November 2001, December 2001,

February 2002, March 2002, April 2002, May 2002, June 2002, August 2002, October 2002,

February 2003, May 2003, June 2003, September 2003, October 2003, December 2003, January

2004, February 2004, March 2004, May 2004, June 2004, July 2004, August 2004, September

2004, October 2004, November 2004, December 2004, January 2005, February 2005, March

2005, May 2005, June 2005, July 2005, September 2005, October 2005, November 2005,

December 2005, January 2006, February 2006, March 2006, April 2006, May 2006, and at other

times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No.


from its WWTW at Site #285 to waters of the state in excess of the thirty (30) day effluent


73. On or about September 2001, twice in October 2001, February 2002, March 2002,

April 2002, August 2002, September 2002, twice in October 2002, February 2003, December

2003, May 2005, July 2005, September 2005, twice in November 2005, twice in December 2005,

twice in January 2006, February 2006, twice in March 2006, twice in April 2006, May 2006, and

at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No.

4IN00158 *BD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other

wastes from its WWTW at Site #285 to waters of the state in excess of the seven (7) day

effluent concentration limitation for carbonaceous biological oxygen demand set forth in the

NPDES Permit.

74. On or about September 2001, October 2001, March 2002, April 2002, August 2002,

September 2002, October 2002, January 2003, February 2003, January 2004, May 2005, July

2005, September 2005, October 2005, November 2005, December 2005, January 2006, February

20

2006, March 2006, April 2006, May 2006, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by


of the state in excess of the thirty (30) day effluent concentration limitation for carbonaceous

biological oxygen demand set forth in the NPDES Permit.

75. On or about twice in October 2001, April 2002, June 2002, December 2003,

February 2005, May 2005, July 2005, September 2005, March 2006, April 2006, and at other



from its WWTW at Site #285 to waters of the state in excess of the seven (7) day effluent

concentration limitation for nitrogen, ammonia set forth in the NPDES Permit.

76. On or about October 2001, April 2002, June 2002, December 2003, May 2005, July

2005, September 2005, October 2005, March 2006, April 2006, and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00l58*BD and

R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from its WWTW at

Site #285 to waters of the state in excess of the thirty (30) day effluent concentration

limitation for nitrogen, ammonia set forth in the NPDES Permit.

77. On or about September 2001, October 2001, August 2002, October 2002, August

2003, October 2003, July 2004, May 2005, June 2005, July 2006, and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and


Site #285 to waters of the state in excess of the seven (7) day effluent concentration limitation

for fecal coliform set forth in the NPDES Permit.

21

78. On or about September 2001, October 2001, May 2002, June 2002, August 2002,

October 2002, August 2003, October 2003, July 2004, August 2004, May 2005, June 2005,

October 2005, July 2006, August 2006, and at other times as yet unknown to Plaintiff, Defendant

Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging


in excess of the thirty (30) day effluent concentration limitation for fecal coliform set forth in

the NPDES Permit.

79. In September 17, 2002; March 16, 2004; August 17, 2004; September 7, 2004;

October 5, 2004; November 30, 2004; May 3, 2005; June 7, 2005; August 9, 2005; September 7,

2005; and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES

Permit No. 4IN00158*BD and R.C. 6111.07(A) by discharging industrial waste and/or other

wastes from its O/S at Site #285 (outfall 002) to waters of the state in excess of the daily

maximum effluent limitation for oil and grease set forth in the NPDES Permit.

80. In September 2002, March 2004, August 2004, September 2004, October 2004,

November 2004, May 2005, June 2005, August 2005, September 2005, and at other times as yet


R.C. 6111.07(A) by discharging industrial waste and/or other wastes from its O/S at Site #285

(outfall 002) to waters of the state in excess of the thirty (30) day average effluent limitation


c. Loading Limitation Violations For Site #285 - Pilot Oil

81. On or about July 1995, March 1996, August 1996, October 1996, December 1996,

May 1997, September 1997, twice in November 1997, December 1997, March 1998, twice in

April 1998, July 1999, twice in April 2000, July 2000, September 2000, October 2000,

22

December 2000, January 2001, February 2001, and at other times as yet unknown to Plaintiff,



of the state in excess of the seven (7) day average effluent loading limitation for total


82. On or about twice in March 2001, twice in June 2001, July 2001, and at other times

as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*BD and


Site #285 to waters of the state in excess of the seven (7) day average effluent loading

limitation for total suspended solids set forth in the NPDES Permit.

83. On or about July 1995, March 1996, August 1996, October 1996, November 1996,

December 1996, January 1997, May 1997, September 1997, March 1998, April 2000, September

2000, October 2000, December 2000, January 2001, February 2001, and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C.


#285 to waters of the state in excess of the thirty (30) day average effluent loading limitation

for total suspended solids set forth in the NPDES Permit.

84. On or about March 2001, June 2001, July 2001, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A)


waters of the state in excess of the thirty (30) day average effluent loading limitation for total


23

85. On or about July 1995, March 1996, May 1996, May 1997, twice in September 1997,

twice in February 1998, April 2000, September 2000, twice in December 2000, January 2001,

February 2001, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A) by discharging sewage, industrial waste

and/or other wastes from its WWTW at Site #285 to waters of the state in excess of the seven (7)

day average effluent loading limitation for carbonaceous biological oxygen demand set forth


86. On or about twice in March 2001, April 2001, May 2001, June 2001, July 10, 2001,



from its WWTW at Site #285 to waters of the state in excess of the seven (7) day average

effluent loading limitation for carbonaceous biological oxygen demand set forth in the

NPDES Permit.

87. On or about July 1995, August 1995, February 1996, March 1996, May 1996, May

1997, September 1997, April 2000, September 2000, December 2000, January 2001, February


Permit No. 4IN00158*AD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or


average effluent loading limitation for carbonaceous biological oxygen demand set forth in

the NPDES Permit.

88. On or about March 2001, April 2001, May 2001, June 2001, July 2001, and at other



24

from its WWTW at Site #285 to waters of the state in excess of the thirty (30) day average

effluent loading limitation for carbonaceous biological oxygen demand set forth in the

NPDES Permit.

89. On or about June 1996, August 1996, October 1996, May 1997, thrice in June 1997,

thrice in July 1997, twice in September 1997, October 1997, October 1998, twice in February

1999, June 1999, August 1999, September 1999, October 1999, March 2000, twice in April

2000, twice in June 2000, twice in July 2000, twice in August 2000, twice in September 2000,

October 2000, twice in December 2000, and at other times as yet unknown to Plaintiff,



of the state in excess of the seven (7) day average effluent loading limitation for nitrogen,


90. On or about March 2001, June 2001, and at other times as yet unknown to Plaintiff,





91. On or about June 1996, August 1996, October 1996, May 1997, June 1997, July

1997, September 1997, October 1997, October 1998, February 1999, June 1999, August 1999,

September 1999, October 1999, April 2000, June 2000, July 2000, August 2000, September

2000, October 2000, December 2000, and at other times as yet unknown to Plaintiff, Defendant



25

in excess of the thirty (30) day average effluent loading limitation for nitrogen, ammonia set


92. On or about June 2001, and at other times as yet unknown to Plaintiff, Defendant



in excess of the thirty (30) day average effluent loading limitation for nitrogen, ammonia set


d. Loading Limitation Violations For Site #285 - Pilot Travel

93. On or about September 2001, twice in October 2001, December 2001, February

2002, March 2002, April 2002, June, twice in August 2002, October 2002, February 2003, June

2003, twice in October 2003, December 2003, January 2004, twice in February 2004, twice in

March 2004, May 2004, twice in June 2004, July 2004,September 2004, October 2004, twice in

February 2005, March 2005, twice in May 2005, June 2005, July 2005, twice in September 2005,

twice in October 2005, twice in November 2005, twice in December 2005, twice in January

2006, February 2006, March 2006, twice in April 2006, twice in May 2006, and at other times as

yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD

and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from its

WWTW at Site #285 to waters of the state in excess of the seven (7) day average effluent

loading limitation for total suspended solids set forth in the NPDES Permit.

94. On or about September 2001, October 2001, December 2001, February 2002, March

2002, April 2002, June 2002, August 2002, October 2002, February 2003, May 2003, June 2003,

September 2003, October 2003, December 2003, January 2004, February 2004, March 2004,

May 2004, June 2004, July 2004, September 2004, October 2004, November 2004, February

26

2005, March 2005, May 2005, June 2005, July 2005, September 2005, October 2005, November

2005, December 2005, January 2006, February 2006, March 2006, April 2006, May 2006, and at

other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No.



effluent loading limitation for total suspended solids set forth in the NPDES Permit.

95. On or about September 2001, twice in October 2001, March 2002, April 2002,

August 2002, September 2002, twice in October 2002, February 2003, May 2005, July 2005,

September 2005, twice in November 2005, twice in December 2005, twice in January 2006,

February 2006, March 2006, April 2006, May 2006, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C.


#285 to waters of the state in excess of the seven (7) day average effluent loading limitation

for carbonaceous biological oxygen demand set forth in the NPDES Permit.

96. On or about September 2001, October 2001, March 2002, April 2002, August 2002,

September 2002, October 2002, January 2003, February 2003, January 2004, May 2005, July


2006, March 2006, April 2006, May 2006, and at other times as yet unknown to Plaintiff,



of the state in excess of the thirty (30) day average effluent loading limitation for


27

97. On or about twice in October 2001, April 2002, June 2002, December 2003,

September 2005, March 2006, April 2006, and at other times as yet unknown to Plaintiff,





98. On or about October 2001, April 2002, June 2002, December 2003, July 2005,

September 2005, October 2005, March 2006, April 2006, and at other times as yet unknown to



#285 to waters of the state in excess of the thirty (30) day average effluent loading limitation

for nitrogen, ammonia set forth in the NPDES Permit.

B. Defendants Violated The Monitoring Requirements In The NPDES Permit(s) For Site #285 a. Pilot Oil

99. On or about all of May 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A), by failing

to conduct daily flow rate monitoring at the WWTW at Site #285 as set forth in the NPDES

Permit.

100. On or about May 2000, and at other times as yet unknown to Plaintiff, Defendant

Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A), by failing to conduct

twice monthly dissolved oxygen monitoring of discharges from the WWTW at Site #285 as set


28

101. On two occasions in May 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD and R.C. 6111.07(A), by failing

to conduct twice monthly pH monitoring of discharges from the WWTW at Site #285 as set



violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A), by failing to conduct the

monthly xylene monitoring of discharges from the O/S at Site #285 as set forth in the NPDES

Permit.


violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A), by failing to conduct the

monthly benzene monitoring of discharges from the O/S at Site #285 as set forth in the NPDES

Permit.

b. Pilot Travel

104. On or about twice in March 2003, twice in April 2003, and at other times as yet


R.C. 6111.07(A), by failing to conduct twice monthly nitrogen, ammonia monitoring of

discharges from the WWTW at Site #285 as set forth in the NPDES Permit.

105. On or about all of May 2002, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A), by

failing to conduct daily flow rate monitoring at the WWTW at Site #285 as set forth in the

NPDES Permit.

106. In March 2003, April 2003, and at other times as yet unknown to Plaintiff,


29

failing to conduct the monthly oil and grease monitoring of discharges from the O/S at Site

#285 as set forth in the NPDES Permit.

107. In October 2001, November 2001, December 2001, February 2002, May 2002, June

2002, August 2002, September 2002, March 2003, April 2003, and at other times as yet


R.C. 6111.07(A), by failing to conduct the monthly total precipitation monitoring of

discharges from the O/S at Site #285 as set forth in the NPDES Permit.



failing to conduct the monthly total suspended solids monitoring of discharges from the O/S at

Site #285 as set forth in the NPDES Permit.



failing to conduct the monthly total xylene monitoring of discharges from the O/S at Site #285

as set forth in the NPDES Permit.

110. In August 2002, March 2003, April 2003, and at other times as yet unknown to


6111.07(A), by failing to conduct the monthly nitrogen, ammonia monitoring of discharges

from the O/S at Site #285 as set forth in the NPDES Permit.



failing to conduct the monthly benzene monitoring of discharges from the O/S at Site #285 as


30



failing to conduct the monthly low level chemical oxygen demand monitoring of discharges

from the O/S at Site #285 as set forth in the NPDES Permit.

C. Defendants Violated The General Effluent Quality Requirements In The NPDES Permit(s) For Site #285 a. Pilot Oil

113. On or about August 9, 1995; July 27, 1997, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD, R.C. 6111.04,

6111.07(A), and/or O.A.C. 3745-1-04 by allowing gasoline, motor oil and/or diesel fuel to be

discharged from an O/S at Site #285 into Bell Run, creating conditions that adversely affect

aquatic life, creating conditions that are harmful to human, animal and/or aquatic life, creating

conditions that may impair designated instream or downstream uses, creating nuisance

conditions, creating unsightly conditions, causing noticeable accumulations of sheen, and/or

causing degradation.

b. Pilot Travel

114. On or about March 7, 2002; May 17, 28, 2002; June 7, 26, 2002; August 23, 2002,

October 22, 2002; February 3, 2003; January 5, 2004; March 31, 2004; September 21, 23, 2004;

October 1, 2004; December 8, 2004; February 2005; July 8, 2005; and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD, R.C.

6111.04 and 6111.07(A), and/or O.A.C. 3745-1-04 by allowing gasoline, motor oil and/or diesel

fuel to be discharged from an O/S at Site #285 into Bell Run, creating conditions that adversely

affect aquatic life, creating conditions that are harmful to human, animal and/or aquatic life,

creating conditions that may impair designated instream or downstream uses, creating nuisance

31


causing degradation,.

115. The acts alleged in this Count constitute violations of R.C. 6111.04, 6111.07(A) and

O.A.C. 3745-1-04, for which Defendants are subject to injunctive relief pursuant to R.C.

6111.07(B), and for which Defendants are liable to pay to the State of Ohio a civil penalty of up

to ten thousand dollars ($10,000) for each day of each violation, including each violation

subsequent to the filing of this Complaint, pursuant to R.C. 6111.09.

III. COUNT TWO - SITE #286 DEFENDANTS FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF

THE NPDES PERMIT(S) ISSUED FOR SITE #286 116. On June 12, 1996, the Director modified NPDES Permit No. IPZ00020*BD by

issuing NPDES Permit No. IPZ00020*CD to Defendant Pilot Oil, permitting Pilot Oil to

discharge sewage and industrial waste from outfall 001, the WWTW at Site #286, and industrial

waste from outfall 002, the O/S at Site #286, to an unnamed tributary to Goose Run in

accordance with the terms and conditions of the Permit. The effective date of NPDES Permit

No. IPZ00020*CD was August 1, 1996. A copy of NPDES Permit No. IPZ00020*CD is

attached hereto as Exhibit C and is hereby incorporated by reference as if fully rewritten herein.

117. On March 2, 2001, the Director issued NPDES Permit No. IPZ00020*DD to

Defendant Pilot Oil, permitting Pilot Oil to discharge sewage and industrial waste from the

WWTW and industrial waste from the O/S at Site #286, to an unnamed tributary to Goose Run

in accordance with the terms and conditions of the Permit. The effective date of NPDES Permit

No. IPZ00020*DD was April 1, 2001. A copy of this permit is attached hereto as Exhibit D and

is hereby incorporated by reference as if fully rewritten herein.

118. The Director approved a Notice of Intent to Transfer NPDES Permit No.

32

IPZ00020*DD to Defendant Pilot Travel, permitting Pilot Travel to discharge sewage and

industrial waste from the WWTW and industrial waste from the O/S at Site #286, to an unnamed

tributary to Goose Run in accordance with the terms and conditions of the Permit. The effective

date of the transfer was September 1, 2001.

A. Defendants Violated The Discharge Concentration Limitations In Its NPDES Permit For Site #286 a. Pilot Oil

119. On or about August 9, 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. IPZ00020*CD and R.C. 6111.07(A) by


of the state in excess of the daily maximum effluent limitation for fecal coliform set forth in

the NPDES Permit.

120. On or about May 3, 2000, and at other times as yet unknown to Plaintiff, Defendant

Pilot Oil violated NPDES Permit No. IPZ00020*CD and R.C. 6111.07(A) by discharging

industrial waste and/or other wastes from its O/S at Site #286 to waters of the state in excess of

the daily maximum effluent limitation for pH set forth in the NPDES Permit.

b. Pilot Travel

121. On or about May 6, 2004, June 4, 2004, July 15, 2004, August 4, 18, 2004,

September 11, 22, 2004, October 8, 22, 2004, May 16, 25, 2005, June 2, 10, 2005, July 6, 21,

2005, August 1, 19, 2005, September 2, 21, 2005, October 20, 2005, and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. IPZ00020*DD and


Site #286 to waters of the state in excess of the daily maximum effluent limitation for total

chlorine residual set forth in the NPDES Permit.

33

B. Defendants Violated The Monitoring Requirements In The NPDES Permit(s) For Site #286 a. Pilot Oil

122. On or about November 1, 11, 1999; all of May 2000; and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. IPZ00020*CD and R.C.

6111.07(A), by failing to conduct daily monitoring of the severity of color in the discharges

from the WWTW at Site #286 as set forth in the NPDES Permit.

123. On or about November 22, 1999; all of May 2000; and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. IPZ00020*CD and R.C.

6111.07(A), by failing to conduct daily monitoring of the severity of odor in the discharges


124. On or about all of March 25, 2003, May 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. IPZ00020*CD and R.C. 6111.07(A),

by failing to conduct daily monitoring of the severity of turbidity in the discharges from the

WWTW at Site #286 as set forth in the NPDES Permit.

125. On or about all of December 1999, all of January 2000, all of February 2000, and at

other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No.

IPZ00020*CD and R.C. 6111.07(A), by failing to conduct the daily flow rate monitoring at the


b. Pilot Travel

126. On or about March 25, 26, 27, 28, 29, 30, 31, 2003, and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. IPZ00020*DD and

R.C. 6111.07(A), by failing to conduct daily monitoring of the severity of turbidity in the

discharges from the WWTW at Site #286 as set forth in the NPDES Permit.

34






IV. COUNT THREE - SITE #360 DEFENDANTS FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF

THE NPDES PERMIT(S) ISSUED FOR SITE #360 128. On October 23, 1997, the Director issued NPDES Permit No. 2PR00095*AD,

permitting Defendant Pilot Oil to discharge sewage and industrial waste from the WWTW at Site

#360 to Rocky Ford Creek in accordance with the terms and conditions of the Permit. NPDES

Permit No. 2PR00095*AD became effective on December 1, 1997. A copy of this permit is

attached hereto as Exhibit E and is hereby incorporated by reference as if fully rewritten herein.

129. On July 21, 2000, the Director issued NPDES Permit No. 2PR00095*BD which

modified NPDES Permit No. 2PR00095*AD, permitting Defendant Pilot Oil to discharge

sewage and industrial waste from the WWTW at Site #360 to Rocky Ford Creek in accordance

with the terms and conditions of the Permit. NPDES Permit No. 2PR00095*BD became

effective on October 1, 2000. A copy of this permit is attached hereto as Exhibit F and is hereby

incorporated by reference as if fully rewritten herein.


2PR00095*BD to Defendant Pilot Travel, permitting Pilot Travel to discharge sewage and

industrial waste from the WWTW at Site #360 to Rocky Ford Creek in accordance with the

terms and conditions of the Permit. The effective date of the transfer was September 1, 2001.

35

131. On February 12, 2003, the Director issued NPDES Permit No. 2PR00095*CD,

permitting Defendant Pilot Travel to discharge sewage and industrial waste from the WWTW at

Site #360 to Rocky Ford Creek in accordance with the terms and conditions of the Permit.

NPDES Permit No. 2PR00095*CD became effective on March 1, 2003. A copy of this permit is

attached hereto as Exhibit G and is hereby incorporated by reference as if fully rewritten herein

A. Defendants Violated The Discharge Concentration Limitations In The NPDES Permit(s) For Site #360 a. Concentration Limitation Violations For Site #360 - Pilot Oil

132. On or about April 2000, July 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by


of the state in excess of the seven (7) day average effluent concentration limitation for total


133. On or about January 2001, February 2001, March 2001, four times in April 2001,

May 2001, June 2001, twice in October 2001, twice in February 2002, May 2002, October 2002,


violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A) by discharging sewage,


of the seven (7) day average effluent concentration limitation for total suspended solids set


134. On or about May 1998, December 1998, March 1999, April 2000, July 2000, and at


2PR00095*AD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other

wastes from its WWTW at Site #360 to waters of the state in excess of the thirty (30) day

36

average effluent concentration limitation for total suspended solids set forth in the NPDES

Permit.

135. On or about January 2001, February 2001, March 2001, April 2001, May 2001,

June 2001, July 2001, February 2002, March 2002, May 2002, June 2002, September 2002,

October 2002, January 2003, February 2003, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A) by


of the state in excess of the thirty (30) day average effluent concentration limitation for total


136. On or about May 1999, April 2000, May 2000, June 2000, July 2000, August 2000,

September 2000, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging sewage, industrial

waste and/or other wastes from its WWTW at Site #360 to waters of the state in excess of the

seven (7) day average effluent concentration limitation for total phosphorus set forth in the

NPDES Permit.

137. On or about May 1998, December 1998, January 1999, February 1999, March

1999, April 1999, May 1999, February 2000, April 2000, May 2000, June 2000, July 2000,

August 2000, September 2000, and at other times as yet unknown to Plaintiff, Defendant Pilot

Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging sewage,


of the thirty (30) day average effluent concentration limitation for total phosphorus set forth


37

138. On or about April 2000, and at other times as yet unknown to Plaintiff, Defendant

Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging


in excess of the seven (7) day average effluent concentration limitation for carbonaceous


139. On or about January 2001, February 2001, March 2001, twice in April 2001, June

2001, August 2001, twice in September 2001, twice in February 2002, October 2002, January

2003, February 2003, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil



of the seven (7) day average effluent concentration limitation for carbonaceous biological

oxygen demand set forth in the NPDES Permit.

140. On or about May 1998, December 1998, February 1999, March 1999, April 2000,

May 2000, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES

Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or


average effluent concentration limitation for carbonaceous biological oxygen demand set


141. On or about January 2001, February 2001, March 2001, April 2001, June 2001, July

2001, August 2001, September 2001, December 2001, February 2002, June 2002, August 2002,

October 2002, December 2002, January 2003, February 2003, and at other times as yet unknown

to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C.


38

#360 to waters of the state in excess of the thirty (30) day average effluent concentration

limitation for carbonaceous biological oxygen demand set forth in the NPDES Permit.

142. On or about January 2001, February 2001, March 2001, twice in April 2001, twice

in May 2001, June 2001, July 2001, thrice in August 2001, twice in September 2001, four times

in October 2001, November 2001, twice in December 2001, January 2002, twice in February

2002, March 2002, twice in May 2002, June 2002, July 2002, August 2002, September 2002,

October 2002, November 2002, December 2002, January 2003, twice in February 2003, and at


2PR00095*BD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes


effluent concentration limitation for nitrogen, ammonia set forth in the NPDES Permit.

143. On or about May 1998, December 1998, January 1999, March 1999, and at other




average effluent concentration limitation for nitrogen, ammonia set forth in the NPDES

Permit.


June 2001, July 2001, August 2001, September 2001, October 2001, November 2001, December

2001, January 2002, February 2002, March 2002, April 2002, May 2002, June 2002, July 2002,

August 2002, September 2002, October 2002, November 2002, December 2002, January 2003,

February 2003, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A) by discharging sewage, industrial waste

39

and/or other wastes from its WWTW at Site #360 to waters of the state in excess of the thirty

(30) day average effluent concentration limitation for nitrogen, ammonia set forth in the

NPDES Permit.


Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A) by discharging


in excess of the seven (7) day average effluent concentration limitation for fecal coliform set



Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging


in excess of the thirty (30) day average effluent concentration limitation for fecal coliform


147. On or about May 2001, August 2002, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A) by


of the state in excess of the thirty (30) day average effluent concentration limitation for fecal

coliform set forth in the NPDES Permit.

148. On or about May 15, 29, 1998; April 1, 6, 10, 17, 24, 30, 1999; May 1, 1999; May

5, 12, 22, 26, 2000; June 5, 14, 21, 2000; July 1, 12, 19, 26, 2000; August 11, 2000; and at other



wastes from its WWTW at Site #360 to waters of the state in excess of the daily minimum

40

effluent concentration limitation for dissolved oxygen set forth in the NPDES Permit.

149. On or about January 4, 11, 2001; October 24, 2002; January 6, 2003; and at other



from its WWTW at Site #360 to waters of the state in excess of the daily minimum effluent

concentration limitation for dissolved oxygen set forth in the NPDES Permit.

150. On or about May 16, 21, 30, 1999; September 4, 2000; and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C.


#360 to waters of the state in excess of the daily effluent concentration limitation for pH set


151. On or about June 23, 2000; August 22, 2000; September 11, 2000; and at other



wastes from its WWTW at Site #360 to waters of the state in excess of the daily maximum

effluent concentration limitation for total residual chlorine set forth in the NPDES Permit.

b. Concentration Limitation Violations For Site #360 - Pilot Travel

152. On or about March 2003, April 2003, May 2003, twice in June 2003, September

2003, October 2003, November 2003, January 2004, February 2004, March 2004, July 2004,

August 2004, September 2004, November 2004, December 2004, January 2005, twice in

February 2005, March 2005, April 2005, June 2005, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C.


41

#360 to waters of the state in excess of the seven (7) day average effluent concentration


153. On or about March 2003, April 2003, May 2003, June 2003, August 2003,

September 2003, October 2003, November 2003, January 2004, February 2004, March 2004,

May 2004, July 2004, August 2004, September 2004, October 2004, November 2004, December

2004, January 2005, February 2005, March 2005, April 2005, May 2005, June 2005, July 2005,

and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit

No. 2PR00095*CD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other


average effluent concentration limitation for total suspended solids set forth in the NPDES

Permit.

154. On or about March 2003, April 2003, May 2003, twice in June 2003, July 2003,

August 2003, September 2003, October 2003, December 2003, January 2004, February 2004,

March 2004, April 2004, July 2004, August 2004, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by


of the state in excess of the seven (7) day average effluent concentration limitation for


155. On or about March 2003, April 2003, May 2003, June 2003, July 2003, August

2003, September 2003, October 2003, December 2003, January 2004, February 2004, March

2004, April 2004, May 2004, July 2004, August 2004, April 2005, June 2005, and at other times

as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD


42

WWTW at Site #360 to waters of the state in excess of the thirty (30) day average effluent

concentration limitation for carbonaceous biological oxygen demand set forth in the NPDES

Permit.


August 2003, September 2003, twice in October 2003, November 2003, December 2003,

January 2004, February 2004, March 2004, April 2004, May 2004, June 2004, July 2004, August

2004, April 2005, June 2005, and at other times as yet unknown to Plaintiff, Defendant Pilot

Travel violated NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by discharging sewage,


of the seven (7) day average effluent concentration limitation for nitrogen, ammonia set




2004, March 2004, April 2004, May 2004, June 2004, July 2004, August 2004, April 2005, May

2005, June 2005, and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated

NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by discharging sewage, industrial waste

and/or other wastes from its WWTW at Site #360 to waters of the state in excess of the thirty

(30) day average effluent concentration limitation for nitrogen, ammonia set forth in the

NPDES Permit.

158. On or about October 28, 2003; September 5, 9, 25, 2003; October 6, 20, 27, 2003;

November 4, 20, 2003; December 1, 2003; January 12, 23, 2004; February 5, 12, 19, 23, 2004;

March 2, 9, 19, 26, 2004; May 6, 2004; July 15, 2004; August 5, 12, 26, 2004; and at other times

as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD

43


WWTW at Site #360 to waters of the state in excess of the daily maximum effluent

concentration limitation for dissolved oxygen set forth in the NPDES Permit.

159. On or about February 1, 2005, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by


of the state in excess of the daily maximum effluent concentration limitation for oil and



Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by discharging


in excess of the seven (7) day average effluent concentration limitation for fecal coliform set





in excess of the thirty (30) day average effluent concentration limitation for fecal coliform


c. Loading Limitation Violations For Site #360 - Pilot Oil

162. On or about May 2000, June 2000, July 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A)


waters of the state in excess of the seven (7) day average effluent loading limitation for total

44


163. On or about January 2001, February 2001, March 2001, twice in April 2001, June

2001, October 2002, January 2003, February 2003, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A)


waters of the state in excess of the seven (7) day average effluent loading limitation for total


164. On or about May 1998, December 1998, March 1999, May 1999, May 2000, June

2000, July 2000, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by discharging sewage, industrial

waste and/or other wastes from its WWTW at Site #360 to waters of the state in excess of the

thirty (30) day average effluent loading limitation for total suspended solids set forth in the

NPDES Permit.


2001, October 2002, January 2003, February 2003, and at other times as yet unknown to



waters of the state in excess of the thirty (30) day average effluent loading limitation for total


166. On or about May 2000, July 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A) by


of the state in excess of the seven (7) day average effluent loading limitation for

45


167. On or about January 2001, April 2001, July 2001, September 2001, October 2002,




of the seven (7) day average effluent loading limitation for carbonaceous biological oxygen


168. On or about May 1998, December 1998, February 1999, March 1999, July 2000,




average effluent loading limitation for carbonaceous biological oxygen demand set forth in

the NPDES Permit.


2001, August 2001, September 2001, February 2002, October 2002, December 2002, January

2003, February 2003, and at other times as yet unknown to Plaintiff, Defendant Pilot Oil



of the thirty (30) day average effluent loading limitation for carbonaceous biological oxygen


170. On or about May 1999, May 2000, July 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A)


46

waters of the state in excess of the seven (7) day average effluent loading limitation for


171. On or about January 2001, February 2001, March 2001, twice in April 2001, twice

in May 2001, June 2001, July 2001, thrice in August 2001, twice in September 2001, four times

in October 2001, November 2001, twice in December 2001, January 2002, March 2002, twice in


December 2002, January 2003, twice in February 2003, and at other times as yet unknown to



waters of the state in excess of the seven (7) day average effluent loading limitation for


172. On or about May 1998, December 1998, January 1999, May 1999, May 2000, July




average effluent loading limitation for nitrogen, ammonia set forth in the NPDES Permit.


June 2001, July 2001, August 2001, September 2001, October 2001, November 2001, December

2001, January 2002, March 2002, May 2002, June 2002, July 2002, August 2002, September

2002, October 2002, November 2002, December 2002, January 2003, February 2003, and at




47

effluent loading limitation for nitrogen, ammonia set forth in the NPDES Permit.

d. Loading Limitation Violations For Site #360 - Pilot Travel

174. On or about March 2003, April 2003, May 2003, June 15, 22, 2003, September

2003, October 2003, January 2004, February 2004, March 2004, July 2004, August 2004,

September 2004, November 2004, December 2004, January 2005, February 2005, April 2005,

July 2005, and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated

NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by discharging sewage, industrial waste

and/or other wastes from its WWTW at Site #360 to waters of the state in excess of the seven (7)

day average effluent loading limitation for total suspended solids set forth in the NPDES

Permit.

175. On or about March 2003, April 2003, May 2003, June 2003, August 2003,

September 2003, October 2003, November 2003, January 2004, February 2004, March 2004,

May 2004, July 2004, August 2004, September 2004, October 2004, November 2004, December

2004, January 2005, February 2005, March 2005, April 2005, July 2005, and at other times as

yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD


WWTW at Site #360 to waters of the state in excess of the thirty (30) day average effluent

loading limitation for total suspended solids set forth in the NPDES Permit.


August 2003, September 2003, October 2003, January 2004, February 2004, March 2004, July

2004, August 2004, and at other times as yet unknown to Plaintiff, Defendant Pilot Travel

violated NPDES Permit No. 2PR00095*CD and R.C. 6111.07(A) by discharging sewage,


48

of the seven (7) day average effluent loading limitation for carbonaceous biological oxygen



2003, September 2003, October 2003, January 2004, February 2004, March 2004, April 2004,

May 2004, July 2004, August 2004, and at other times as yet unknown to Plaintiff, Defendant



in excess of the thirty (30) day average effluent loading limitation for carbonaceous



August 2003, September 2003, twice in October 2003, November 2003, January 2004, February

2004, March 2004, April 2004, May 2004, June 2004, July 2004, August 2004, and at other


2PR00095*CD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes





2004, March 2004, April 2004, May 2004, June 2004, July 2004, August 2004, April 2005, and

at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No.

2PR00095*CD and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes



49

B. Defendants Violated The Monitoring Requirements In The NPDES Permit(s) For Site #360 a. Pilot Oil 180. On or about all of May 1999, all of February 2000, all of April 2000, all of


NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A), by failing to conduct the daily flow

rate monitoring at the WWTW at Site #360 as set forth in the NPDES Permit.

181. On or about all of October 2000, all of November 2000, all of December 2000, and

at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No.

2PR00095*BD and R.C. 6111.07(A), by failing to conduct the daily flow rate monitoring at the


182. On or about May 14, 20, 1999; February 29, 2000; all of April 2000; and at other


2PR00095*AD and R.C. 6111.07(A), by failing to conduct the daily water temperature

monitoring of discharges from the WWTW at Site #360 as set forth in the NPDES Permit.

183. On or about thrice in October 2000, twice in November 2000, thrice in December


Permit No. 2PR00095*BD and R.C. 6111.07(A), by failing to conduct the weekly water

temperature monitoring of discharges from the WWTW at Site #360 as set forth in the NPDES

Permit.



2PR00095*AD and R.C. 6111.07(A), by failing to conduct daily monitoring of the severity of

color in the discharges from the WWTW at Site #360 as set forth in the NPDES Permit.

50

185. On or about October 2000; all of November 2000; all of December 2000; and at


2PR00095*BD and R.C. 6111.07(A), by failing to conduct daily monitoring of the severity of

color in the discharges from the WWTW at Site #360 as set forth in the NPDES Permit.




turbidity in the discharges from the WWTW at Site #360 as set forth in the NPDES Permit.

187. On or about October 2000; all of November 2000; all of December 2000; all of

February 2001; and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A), by failing to conduct daily

monitoring of the severity of turbidity in the discharges from the WWTW at Site #360 as set


188. On or about May 20, 1999; February 29, 2000; all of April 2000; May 14, 2000;



odor in the discharges from the WWTW at Site #360 as set forth in the NPDES Permit.

189. On or about October 2000; all of November 2000; all of December 2000; all of

February 2001; and at other times as yet unknown to Plaintiff, Defendant Pilot Oil violated

NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A), by failing to conduct daily

monitoring of the severity of odor in the discharges from the WWTW at Site #360 as set forth


51

190. On or about twice in May 1999, February 2000, thrice in April 2000, May 2000,


NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A), by failing to conduct the weekly

dissolved oxygen monitoring of discharges from the WWTW at Site #360 as set forth in the

NPDES Permit.


Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A), by failing to conduct

the monthly total residual chlorine monitoring of discharges from the WWTW at Site #360 as


192. On or about twice in October 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A), by failing

to conduct the twice monthly total residual chlorine monitoring of discharges from the




the monthly fecal coliform monitoring of discharges from the WWTW at Site #360 as set forth


194. On or about October 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A), by failing

to conduct the monthly fecal coliform monitoring of discharges from the WWTW at Site #360

as set forth in the NPDES Permit.

195. On or about August 2000, and at other times as yet unknown to Plaintiff, Defendant


52

the monthly nitrogen, ammonia monitoring of discharges from the WWTW at Site #360 as set


196. On or about October 2000, December 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A),

by failing to conduct the monthly nitrogen, ammonia monitoring of discharges from the


197. On or about August 2000, and at other times as yet unknown to Plaintiff, Defendant


the monthly oil and grease monitoring of discharges from the WWTW at Site #360 as set forth


198. On or about October 2000, December 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD and R.C. 6111.07(A),

by failing to conduct the monthly total suspended solids monitoring of discharges from the


b. Pilot Travel

199. On or about March 6, 13, 17, 20, 25, 2003; and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C.

6111.07(A), by failing to conduct the daily water temperature monitoring of discharges from

the WWTW at Site #360 as set forth in the NPDES Permit.

200. On or about March 2003, April 2003, May 2003, and at other times as yet unknown

to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00095*CD and R.C.

6111.07(A), by failing to conduct the monthly total dissolved residue monitoring of discharges

at the WWTW at Site #360 as set forth in the NPDES Permit.

53



6111.07(A), by failing to conduct the monthly oil and grease monitoring of discharges from

the WWTW at Site #360 as set forth in the NPDES Permit.



6111.07(A), by failing to conduct the monthly pH monitoring of discharges from the WWTW

at Site #360 as set forth in the NPDES Permit.






V. COUNT FOUR - SITE #12 DEFENDANT PILOT TRAVEL FAILED TO COMPLY WITH THE TERMS AND

CONDITIONS OF THE NPDES PERMIT(S) ISSUED FOR SITE #12 204. On September 13, 2000, the Director issued NPDES Permit No. 2IN00147*BD,

permitting Speedway SuperAmerica LLC to discharge industrial waste and/or other wastes from

the O/S at Site #12 to an unnamed tributary to Crane Creek in accordance with the terms and

conditions of the Permit. NPDES Permit No. 2IN00147*BD became effective on October 1,

2000.

205. On August 16, 2002, the Director approved a Notice of Intent to Transfer NPDES

Permit No. 2IN00147*BD to Defendant Pilot Travel, permitting Pilot Travel to discharge

industrial waste and/or other wastes from the O/S at Site #12 to an unnamed tributary to Crane

54

Creek in accordance with the terms and conditions of the Permit. The effective date of the

transfer was September 1, 2001. A copy of NPDES Permit No. 2IN00147*BD is attached hereto

as Exhibit H and is hereby incorporated by reference as if fully rewritten herein.

A. Defendant Pilot Travel Violated The Discharge Concentration Limitations In The NPDES Permit For Site #12 206. On or about December 2001, October 2003, October 2004, January 2005, February

2005, May 2005, June 2005, March 2006, May 2006, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel discharged industrial waste and/or other wastes from the

WWTW at Site #12 to waters of the state in excess of the daily maximum effluent limitation


207. On or about March 2003 and at other times as yet unknown to Plaintiff, Defendant

Pilot Travel discharged industrial waste and/or other wastes from the WWTW at Site #12 to

waters of the state in excess of the effluent concentration limitation for pH set forth in the

NPDES Permit.

B. Defendant Pilot Travel Violated The Monitoring Requirements In The NPDES Permit For Site #12 208. On or about March 2002, February 2003, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel failed to conduct the monthly oil and grease monitoring of


209. On or about February 2003, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel failed to conduct the monthly pH monitoring of discharges from the

O/S at Site #12 as set forth in the NPDES Permit.

55

C. Defendant Pilot Travel Violated The Reporting Requirements In The NPDES Permit For Site #12 210. On or about March 2003, and at other times as yet unknown to Plaintiff, Defendant

Pilot Travel submitted an incorrect monthly monitoring report for discharges of pH from the

O/S at Site #12 and failed to correct this situation.


O.A.C. 3745-1-04, for which Defendant Pilot Travel is subject to injunctive relief pursuant to

R.C. 6111.07(B), and for which Defendant Pilot Travel is liable to pay to the State of Ohio a

civil penalty of up to ten thousand dollars ($10,000) for each day of each violation, including

each violation subsequent to the filing of this Complaint, pursuant to R.C. 6111.09.

VI. COUNT FIVE - SITE #281 DEFENDANTS FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF

THE NPDES PERMITS ISSUED FOR SITE #281 212. On October 27, 1992, the Director issued NPDES Permit No. 3IG00063*AD to

Defendant Pilot Oil, permitting Pilot Oil to discharge industrial waste and/or other wastes from

the O/S at Site #281 to Four Mile Run in accordance with the terms and conditions of the Permit.

The effective date of NPDES Permit No. 3IG00063*AD was December 1, 1992. A copy of

NPDES Permit No. 3IG00063*AD is attached hereto as Exhibit I and is hereby incorporated by

reference as if fully rewritten herein.

213. On August 18, 1999, the Director issued NPDES Permit No. 3IG00063*BD to

Defendant Pilot Oil, permitting Pilot Oil to discharge industrial waste and/or other wastes from

the O/S at Site #281 to Four Mile Run in accordance with the terms and conditions of the Permit.

The effective date of NPDES Permit No. 3IG00063*BD was October 1, 1999.


3IG00063*BD to Defendant Pilot Travel, permitting Pilot Travel to discharge industrial waste

56

and/or other wastes from the O/S at Site #281 to Four Mile Run in accordance with the terms and

conditions of the Permit. The effective date of the transfer was September 1, 2001. A copy of

this permit is attached hereto as Exhibit J and is hereby incorporated by reference as if fully

rewritten herein.

215. On July 15, 2005, the Director issued NPDES Permit No. 3IG00063*CD to

Defendant Pilot Travel, permitting Pilot Travel to discharge industrial waste and/or other wastes

from the O/S at Site #281 to Four Mile Run in accordance with the terms and conditions of the

Permit. The effective date of NPDES Permit No. 3IG00063*CD was July 1, 2005. A copy of

this permit is attached hereto as Exhibit K and is hereby incorporated by reference as if fully

rewritten herein.

A. Defendants Violated The Discharge Concentration Limitations In The NPDES Permit(s) For Site #281 a. Pilot Oil


Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A) by discharging

industrial waste and/or other wastes to waters of the state from the WWTW at Site #281 in

excess of the daily maximum effluent limitation for oil and grease set forth in the NPDES

Permit.

217. On or about February 2000, April 2000, May 2001, August 2001, and at other times

as yet unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and

R.C. 6111.07(A) by discharging industrial waste and/or other wastes from the WWTW at Site

#281 to waters of the state in excess of the thirty (30) day average effluent limitation for oil

and grease set forth in the NPDES Permit.

57

b. Pilot Travel

218. On or about February 26, 2003; March 28, 2003; April 7, 2003: and at other times

as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 3IG00063*BD

and R.C. 6111.07(A) by discharging industrial waste and/or other wastes from the WWTW at

Site #281 to waters of the state in excess of the daily maximum effluent limitation for oil and


219. On or about February 2002, July 2002, December 2002, February 2003, March

2003, April 2003, May 2003, November 2003, January 2006, and at other times as yet unknown

to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 3IG00063*BD and R.C.

6111.07(A) by discharging industrial waste and/or other wastes from the WWTW at Site #281 to

waters of the state in excess of the thirty (30) day average effluent limitation for oil and


220. On or about April 7, 2003, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A) by

discharging industrial waste and/or other wastes from the WWTW at Site #281 to waters of the

state in excess of the daily effluent limitation for pH set forth in the NPDES Permit.

221. On or about January 2006, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 3IG00063*CD and R.C. 6111.07(A) by

discharging industrial waste and/or other wastes from the WWTW at Site #281 to waters of the

state in excess of the thirty (30) day average effluent limitation for oil and grease set forth in

the NPDES Permit.

58

B. Defendants Violated The Monitoring Requirements In The NPDES Permit(s) For Site #281 a. Pilot Oil 222. In or about all of October 1999, all of November 1999, all of December 1999, all of

January 2000, all of February 2000, all of March 2000, all of April 2000, all of May 2000, all of

October 2000, all of January 2001, all of February 2001, all of March 2001, all of April 2001, all

of May 2001, all of June 2001, August 2, 3, 15, 16, 17, and 18, 2001, and at other times as yet

unknown to Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C.

6111.07(A), by failing to conduct the daily flow rate monitoring at the O/S at Site #281 as set


223. On or about October 2000, July 2001, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A),

by failing to conduct the monthly maximum oil and grease monitoring of discharges from the


224. On or about October 2000, July 2001, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A),

by failing to conduct the monthly thirty (30) day average oil and grease monitoring of



Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A), by failing

to conduct the monthly pH monitoring of discharges from the O/S at Site #281 as set forth in

the NPDES Permit.


Defendant Pilot Oil violated NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A), by failing

59

to conduct the monthly low level chemical oxygen demand monitoring of discharges from the


b. Pilot Travel

227. In or about all of September 2001; all of October 2001; December 1, 2, 13, 14, and

18, 2001; all of February 2002; March 2, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, 2002;

April 27, 28, and 29, 2002; May 5, 6, 10, 17, 18, 19, 20, 21, 22, 23, 27, 29, and 30, 2002; all of

June 2002; all of July 2002; all of September 2002; all of October 2002; November 1, 2, 3, 8, 9,

12, 13, 14, 18, 20, 21, 23, 24, 25, 27, 28, 29, 2002; December 1, 2, 4, 6, 7, 8, 9, 10, 17, 18, 23,

24, 2002; and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated

NPDES Permit No. 3IG00063*BD and R.C. 6111.07(A), by failing to conduct the daily flow

rate monitoring at the O/S at Site #281 as set forth in the NPDES Permit.

C. Defendant Pilot Oil Violated The General Effluent Quality Requirements In The NPDES Permit(s) For Site #281 228. On or about March 31, 1996, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 3IG00063*AD, R.C. 6111.04 and 6111.07(A),

and/or O.A.C. 3745-1-04 by allowing gasoline, motor oil and/or diesel fuel to be discharged

from an O/S at Site #12 into Four Mile Run, creating conditions that adversely affect aquatic life,

creating conditions that are harmful to human, animal and/or aquatic life, creating conditions that

may impair designated instream or downstream uses, creating nuisance conditions, creating

unsightly conditions, causing noticeable accumulations of sheen, and/or causing degradation,.





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VII. COUNT SIX - SITE #005 DEFENDANT PILOT TRAVEL FAILED TO COMPLY WITH THE TERMS AND

CONDITIONS OF THE NPDES PERMITS ISSUED FOR SITE #005 230. On or about May 13, 2002, the Director approved a Notice of Intent to Transfer

NPDES Permit No. 2PR00109*AD to Defendant Pilot Travel, permitting Pilot Travel to

discharge industrial waste and/or other wastes from the O/S at Site #005 to Little Riley Creek in

accordance with the terms and conditions of the Permit. The effective date of the transfer was

September 1, 2001. A copy of NPDES Permit No 2PR00109*AD is attached hereto as Exhibit

L and is hereby incorporated by reference as if fully rewritten herein.

231. From about March 11, 2003, Defendant Pilot Travel no longer owned or operated

Site #005 and NPDES Permit No. 2PR00109*AD was transferred from Pilot Travel to a new

owner/operator.

A. Defendant Pilot Travel Violated The Discharge Concentration Limitations In The NPDES Permit For Site #005 a. Concentration Limitation Violations For Site #005

232. On or about September 13, 2001; October 4, 10, 18, 2001; May 3, 24, 2002; June 7,

14, 18, 28, 2002; July 5, 8, 17, 22, 25, 2002; August 7, 13, 2002; February l3, 2003; and at other



wastes from the WWTW at Site #005 to waters of the state in excess of the daily minimum

effluent concentration limitation for dissolved oxygen set forth in the NPDES Permit.

233. On or about October 2001, November 2001, January 2002, February 2002, March

2002, April 2002, May 2002, June 2002, September 2002, October 2002, January 2003, February

2003, and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated NPDES

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other wastes from the WWTW at Site #005 to waters of the state in excess of the seven (7) day

effluent concentration limitation for nitrogen, ammonia set forth in the NPDES Permit.

234. On or about October 2001, November 2001, January 2002, February 2002, March

2002, April 2002, May 2002, June 2002, August 2002, September 2002, October 2002,

November 2002, January 2003, February 2003, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and R.C. 6111.07(A) by

discharging sewage, industrial waste and/or other wastes from the WWTW at Site #005 to

waters of the state in excess of the thirty (30) day effluent concentration limitation for


235. On or about October 2001, August 2002, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and R.C.

6111.07(A) by discharging sewage, industrial waste and/or other wastes from the WWTW at

Site #005 to waters of the state in excess of the seven (7) day effluent concentration limitation

for fecal coliform set forth in the NPDES Permit.

236. On or about October 2001, August 2002, and at other times as yet unknown to



Site #005 to waters of the state in excess of the thirty (30) day effluent concentration

limitation for fecal coliform set forth in the NPDES Permit.

237. On or about January 2002, August 2002, January 2003, and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and

R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from the WWTW

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at Site #005 to waters of the state in excess of the seven (7) day effluent concentration


238. On or about January 2002, February 2002, March 2002, May 2002, August 2002,

January 2003, February 2003, and at other times as yet unknown to Plaintiff, Defendant Pilot

Travel violated NPDES Permit No. 2PR00109*AD and R.C. 6111.07(A) by discharging

sewage, industrial waste and/or other wastes from the WWTW at Site #005 to waters of the state

in excess of the thirty (30) day effluent concentration limitation for carbonaceous biological

oxygen demand set forth in the NPDES Permit.

239. On or about February 2002, March 2002, February 2003, and at other times as yet


R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from the WWTW

at Site #005 to waters of the state in excess of the seven (7) day effluent concentration


240. On or about February 2002, March 2002, January 2003, February 2003, and at other



wastes from the WWTW at Site #005 to waters of the state in excess of the thirty (30) day

effluent concentration limitation for total suspended solids set forth in the NPDES Permit.

241. On or about May 3, 15, 2002, and at other times as yet unknown to Plaintiff,


discharging sewage, industrial waste and/or other wastes from the WWTW at Site #005 to

waters of the state in excess of the daily maximum effluent concentration limitation for total

residual chlorine set forth in the NPDES Permit.

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b. Loading Limitation Violations For Site #005

242. On or about October 2001, January 2002, and at other times as yet unknown to



Site #005 to waters of the state in excess of the seven (7) day average effluent loading

limitation for nitrogen, ammonia set forth in the NPDES Permit.

243. On or about October 8, 2001, January 2002, September 2002, January 2003, and at



wastes from the WWTW at Site #005 to waters of the state in excess of the thirty (30) day

average effluent loading limitation for nitrogen, ammonia set forth in the NPDES Permit.

244. On or about November 2001, December 2001, January 2002, February 2002, March

2002, May 2002, August 2002, January 2003, February 2003, and at other times as yet unknown

to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and R.C.


Site #005 to waters of the state in excess of the thirty (30) day average effluent loading


c. Monitoring Requirement Violations For Site #005

245. On or about September 1, 2, 3, 8, 9, 15, 16, 22, 23, 29, 30, 2001; October 6, 7, 12,

13, 14, 19, 20, 21, 27, 28, 2001; December 1, 2, 8, 9, 15, 16, 22, 23, 24, 25, 29, 30, 2001;

January 1, 5, 6, 12, 13, 18, 19, 20, 26, 27, 2002; and at other times as yet unknown to Plaintiff,


failing to conduct daily monitoring of the severity of color in the discharges from the WWTW

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13, 14, 19, 20, 21, 27, 28, 2001; December 1, 2, 8, 9, 15, 16, 22, 23, 24, 25, 29, 30, 2001;

January 1, 5, 6, 12, 13, 18, 19, 20, 26, 27, 2002; and at other times as yet unknown to Plaintiff,


failing to conduct daily monitoring of the severity of odor in the discharges from the WWTW



13, 14, 19, 20, 21, 27, 28, 2001; December 1, 2, 8, 9, 15, 16, 22, 23, 24, 25, 29, 30, 2001; and at


2PR00109*AD and R.C. 6111.07(A) by failing to conduct daily monitoring of the severity of

turbidity in the discharges from the WWTW at Site #005 as set forth in the NPDES Permit.

248. On or about September 29, 30, 2001, and at other times as yet unknown to Plaintiff,


failing to conduct the daily flow rate monitoring at the WWTW at Site #005 as set forth in the

NPDES Permit.

249. On or about November 14,2001; March 14, 28, 2002, and at other times as yet


R.C. 6111.07(A) by failing to conduct the daily water temperature monitoring of discharges


250. On or about November 2001, twice in March 2002, and at other times as yet


R.C. 6111.07(A) by failing to conduct the weekly dissolved oxygen monitoring of discharges

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O.A.C. 3745-1-04, for which Defendant Pilot Travel is subject to injunctive relief pursuant to

R.C. 6111.07(B), and for which Defendant Pilot Travel is liable to pay to the State of Ohio a

civil penalty of up to ten thousand dollars ($10,000) for each day of each violation, including

each violation subsequent to the filing of this Complaint, pursuant to R.C. 6111.09.

VIII. COUNT SEVEN DEFENDANTS FAILED TO OBTAIN NPDES PERMITS PRIOR TO DISCHARGING

POLLUTANTS TO WATERS OF THE STATE FROM O/Ss 252. Upon information and belief, Defendants have introduced detergents, surfactants,

degreasers, and/or wash waters into the O/Ss located at Sites #2, #3, #4, #005, #6, #8, #11, #12,

#13, #14, #15, #16, #130, #213, #281, #285, #286, #287, #309, #360, #454, and #457.

253. Defendants operated and/or allowed the O/Ss to be operated at Sites #2, #3, #4,

#005, #6, #8, #11, #12, #13, #14, #15, #16, #130, #213, #281, #285, #286, #287, #309, #360,

#454, and #457 in such a manner as to allow spilled gasoline, diesel, kerosene and/or motor oil,

as well as the detergents, surfactants, degreasers, and/or wash waters, to pass through the O/S

and into waters of the state, thereby causing pollution of waters of the state from each of these

Sites and violating O.A.C. 3745-1-04, R.C. 6111.04 and 6111.07(A).

A. Pilot Oil

254. From a date as yet unknown to Plaintiff, but from at least as early as May 1, 1994

and continuing to about August 31, 2001, Defendant Pilot Oil operated and/or allowed the O/Ss

to be operated in such a manner as to allow detergents, surfactants, degreasers, wash waters

and/or water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S at Site #6,

thereby causing the discharge of industrial waste and/or other wastes to an unnamed tributary of

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Wills Creek without first obtaining an NPDES Permit.

255. From a date as yet unknown to Plaintiff, but from at least as early as October 23,

1997 and continuing to about August 31, 2001, Defendant Pilot Oil operated and/or allowed the

O/Ss to be operated in such a manner as to allow detergents, surfactants, degreasers, wash waters

and/or water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S at Site

#360, thereby causing the discharge of industrial waste and/or other wastes to Rocky Ford Creek

without first obtaining an NPDES Permit.





#287, thereby causing the discharge of industrial waste and/or other wastes to an unnamed

tributary of Little Killbuck Creek without first obtaining an NPDES Permit.

257. From a date as yet unknown to Plaintiff, but from at least as early as September 1,




#309, thereby causing the discharge of industrial waste and/or other wastes to an unnamed

tributary of Duck Creek without first obtaining an NPDES Permit.

258. From a date as yet unknown to Plaintiff, but from at least as early as June 21, 2000

and continuing to about August 31, 2001, Defendant Pilot Oil operated and/or allowed the O/Ss

to be operated in such a manner as to allow detergents, surfactants, degreasers, wash waters


67

#213, thereby causing the discharge of industrial waste and/or other wastes to Dry Run Creek

without first obtaining an NPDES Permit.

B. Pilot Travel


2001 and continuing to about March 10, 2003, Defendant Pilot Travel operated and/or allowed

the O/Ss to be operated in such a manner as to allow detergents, surfactants, degreasers, wash

waters and/or water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S at

Site #005, thereby causing the discharge of industrial waste and/or other wastes to Little Riley

Creek without first obtaining an NPDES Permit.


2001 and continuing to present, Defendant Pilot Travel operated and/or allowed the O/Ss to be

operated in such a manner as to allow detergents, surfactants, degreasers, wash waters and/or

water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S:

*at Site #3, thereby causing the discharge of industrial waste and/or other wastes to an unnamed tributary of Meander Reservoir; *at Site #4, thereby causing the discharge of pollutants to French Creek; *at Site #6, thereby causing the discharge of pollutants to an unnamed tributary of Wills Creek; *at Site #8, thereby causing the discharge of pollutants to Scippo Creek; *at Site #13, thereby causing the discharge of pollutants to an unnamed tributary of Chippewa Creek; *at Site #14, thereby causing the discharge of pollutants to an unnamed tributary to Johnson Run; *at Site #15, thereby causing the discharge of pollutants to Silver Creek; *at Site #16, thereby causing the discharge of pollutants to an unnamed tributary to Anderson Fork; *at Site #213, thereby causing the discharge of pollutants to Dry Run Creek; *at Site #287, thereby causing the discharge of pollutants to an unnamed tributary of Little Killbuck Creek; *at Site #309, thereby causing the discharge of pollutants to an unnamed tributary of Duck Creek; and *at Site #360, thereby causing the discharge of pollutants to Rocky Ford Creek, without first obtaining NPDES Permits.

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water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S at Site #130,


Furnace Run without first obtaining an NPDES Permit.

262. From a date as yet unknown to Plaintiff, but from at least as early as February 27,





Glade Run without first obtaining an NPDES Permit.

263. From a date as yet unknown to Plaintiff, but from at least as early as March 5, 2003

and continuing to present, Defendant Pilot Travel operated and/or allowed the O/Ss to be



thereby causing the discharge of industrial waste and/or other wastes to Sandy Creek without

first obtaining an NPDES Permit.

264. The acts alleged in this Count constitute violations of R.C. 6111.04 and 6111.07(A),

for which Defendants are subject to injunctive relief pursuant to R.C. 6111.07(B), and for which

Defendants are liable to pay to the State of Ohio a civil penalty of up to ten thousand dollars

($10,000) for each day of each violation, including each violation subsequent to the filing of this

Complaint, pursuant to R.C. 6111.09.

69

IX. COUNT EIGHT DEFENDANTS FAILED TO OBTAIN A PTI FOR DISPOSAL SYSTEMS

265. Each of Defendants’ 24 Ohio Sites and Site #005 have at least one (1) O/S located

on site and each of these units are “disposal systems” and “treatment works” as those terms are

defined by R.C. 6111.01(G) and (F) respectively.

A. Pilot Oil

266. Defendant Pilot Oil failed to obtain a PTI and/or an after-the-fact PTI prior to

installing and/or modifying and/or purchasing the O/Ss located at the following sites, and these

violations commenced on dates as yet unknown to Plaintiff, but from at least as early as the

following dates and concluded on the following dates:

*from at least as early as March 7, 1989 and continuing to about August 31, 2001 at Site #286; *from at least as early as October 27, 1992 and continuing to about August 31, 2001 at Site #281; *from at least as early as May 1, 1994 and continuing to about August 31, 2001 at Site #6; *from at least as early as October 23, 1997 and continuing to about August 31, 2001 at Site #360; *from at least as early as October 6, 1998 and continuing to about August 31, 2001 at Site #287; and *from at least as early as September 1, 1999 and continuing to about August 31, 2001 at Sites #213, and #309.

B. Pilot Travel

267. Defendant Pilot Travel failed to obtain a PTI prior to installing and/or modifying

and/or purchasing the O/Ss located at the following sites, and these violations commenced on

dates as yet unknown to Plaintiff, but from at least as early as the following dates and concluded

on the following dates:

*from at least as early as September 1, 2001 and continuing to about March 10, 2003 at Site #005; *from at least as early as September 1, 2001 and continuing to present at Sites #2, #3, #4, #6, #8, #9, #12, #13, #14, #15, #16, #213, #281, #286, #287, #309, and #360;

70

*from at least as early as October 14, 2002 and continuing to present at Site #130; *from at least as early as February 27, 2003 and continuing to present at Sites #454 and #455; and *from at least as early as April 2006 and continuing to present at Site #239.

268. The acts alleged in this Count constitute violations of R.C. 6111.04 and 6111.07(A),

for which Defendants are subject to injunctive relief pursuant to R.C. 6111.07(B), and for which

Defendants are liable to pay to the State of Ohio a civil penalty of up to ten thousand dollars

($10,000) for each day of each violation, including each violation subsequent to the filing of this

Complaint, pursuant to R.C. 6111.09.

X. COUNT NINE DEFENDANTS POLLUTED INTO WATERS OF THE STATE

269. Each NPDES Permit issued to Defendants was issued pursuant to R.C. 6111.04 and

contains or contained the following language in Part III:

The effluent shall, at all times, be free of substances:

A. In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or that will adversely affect aquatic life or water fowl; B. Of an oily, greasy, or surface-active nature, and of other floating debris, in amounts that will form noticeable accumulations of scum, foam or sheen; C. In amounts that will alter the natural color or odor of the receiving water to such degree as to create a nuisance; D. In amounts that either singly or in combination with other substances are toxic to human, animal, or aquatic life; F. In amounts that will impair designated instream or downstream water uses.

A. Pilot Oil

270. On or about February 3, 1994, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by spilling,

releasing and/or discharging kerosene and/or diesel fuel at Site #285 into Bell Run, creating

71

conditions that adversely affect aquatic life and/or water fowl, creating conditions that are, or in

combination with other substances are, harmful to human, animal and/or aquatic life, creating

conditions that may impair designated instream or downstream water uses, creating nuisance



271. On or about April 10, 1996; June 26, 2000, and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 4IN00158*AD, R.C. 6111.04,

6111.07(A), and/or O.A.C. 3745-1-04 by spilling, releasing and/or discharging gasoline, motor

oil and/or diesel fuel at Site #285 into Bell Run, creating conditions that adversely affect aquatic

life and/or water fowl, creating conditions that are, or in combination with other substances are,

harmful to human, animal and/or aquatic life, creating conditions that may impair designated

instream or downstream water uses, creating nuisance conditions, creating unsightly conditions,

causing noticeable accumulations of sheen, and/or causing degradation.

272. On or about December 2, 3, 12, 16, 1997; and at other times as yet unknown to

Plaintiff, Defendant Pilot Oil violated NPDES Permit No. 2PR00095*AD, R.C. 6111.04 and

6111.07(A), and O.A.C. 3745-1-04 by spilling, releasing and/or discharging motor oil and/or

diesel fuel from Site #360 into Rocky Ford Creek, creating conditions that adversely affect

aquatic life and/or water fowl, creating conditions that are, or in combination with other

substances are, harmful to human, animal and/or aquatic life, creating conditions that may impair

designated instream or downstream water uses, creating nuisance conditions, creating unsightly

conditions, causing noticeable accumulations of sheen, and/or causing degradation.

273. On or about August 26, 2001, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated NPDES Permit No. 2PR00095*BD, R.C. 6111.04 and 6111.07(A),

72

and O.A.C. 3745-1-04 by spilling, releasing and/or discharging motor oil and/or diesel fuel from

Site #360 into Rocky Ford Creek, creating conditions that adversely affect aquatic life and/or

water fowl, creating conditions that are, or in combination with other substances are, harmful to


downstream water uses, creating nuisance conditions, creating unsightly conditions, causing

noticeable accumulations of sheen, and/or causing degradation.

274. On or about June 21, 2000, and at other times as yet unknown to Plaintiff,

Defendant Pilot Oil violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by spilling,

releasing and/or discharging gasoline, motor oil and/or diesel fuel from Site #213 into Dry Run

Creek, creating conditions that adversely affect aquatic life and/or water fowl, creating

conditions that are, or in combination with other substances are, harmful to human, animal

and/or aquatic life, creating conditions that may impair designated instream or downstream water

uses, creating nuisance conditions, creating unsightly conditions, causing noticeable

accumulations of sheen, and/or causing degradation.

B. Pilot Travel

275. On or about March 29, 2002; May 31, 2002, and at other times as yet unknown to

Plaintiff, Defendant Pilot Travel violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04

by spilling, releasing and/or discharging gasoline, motor oil and/or diesel fuel from Site #130

into an unnamed tributary of Furnace Run, creating conditions that adversely affect aquatic life

and/or water fowl, creating conditions that are, or in combination with other substances are,

harmful to human, animal and/or aquatic life, creating conditions that may impair designated

instream or downstream water uses, creating nuisance conditions, creating unsightly conditions,

causing noticeable accumulations of sheen, and/or causing degradation.

73

276. On or about May 17, 22, 23, 24, 25, 30, 2002; June 3, 2002; July 22, 26, 2002;

August 6, 16, 2002; and at other times as yet unknown to Plaintiff, Defendant Pilot Travel

violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by spilling, releasing and/or

discharging motor oil and/or diesel fuel from Site #213 into Dry Run Creek, creating conditions

that adversely affect aquatic life and/or water fowl, creating conditions that are, or in

combination with other substances are, harmful to human, animal and/or aquatic life, creating

conditions that may impair designated instream or downstream water uses, creating nuisance



277. On or about February 6, 10, 11, 12, 24, 25, 27, 2004; March 1, 2004; February 14,

15, 2005; and at other times as yet unknown to Plaintiff, Defendant Pilot Travel violated R.C.

6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by allowing gasoline, motor oil and/or diesel

fuel to be discharged from an O/S at Site #213 into Dry Run Creek, creating conditions that

adversely affect aquatic life and/or water fowl, creating conditions that are, or in combination

with other substances are, harmful to human, animal and/or aquatic life, creating conditions that

may impair designated instream or downstream water uses, creating nuisance conditions,

creating unsightly conditions, causing noticeable accumulations of sheen, and/or causing

degradation.

278. On or about March 24, 2003, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by

spilling, releasing and/or discharging gasoline, kerosene, motor oil and/or diesel fuel from Site

#12 into Crane Creek, creating conditions that adversely affect aquatic life and/or water fowl,

creating conditions that are, or in combination with other substances are, harmful to human,

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animal and/or aquatic life, creating conditions that may impair designated instream or



279. On or about May 7, 2003; March 5, 2006; July 24, 2006; and at other times as yet

unknown to Plaintiff, Defendant Pilot Travel violated R.C. 6111.04 and 6111.07(A), and O.A.C.

3745-1-04 by spilling, releasing and/or discharging gasoline, motor oil and/or diesel fuel from

Site #457 into an unnamed tributary of May Ditch, creating conditions that adversely affect

aquatic life and/or water fowl, creating conditions that are, or in combination with other

substances are, harmful to human, animal and/or aquatic life, creating conditions that may impair

designated instream or downstream water uses, creating nuisance conditions, creating unsightly

conditions, causing noticeable accumulations of sheen, and/or causing degradation.

280. On or about June 2003, March 2005, and at other times as yet unknown to Plaintiff,

Defendant Pilot Travel violated R.C. 6111.04 and 6111.07(A), and O.A.C. 3745-1-04 by

spilling, releasing and/or discharging gasoline, motor oil and/or diesel fuel from Site #14 into an

unnamed tributary to Johnson Run, creating conditions that adversely affect aquatic life and/or

water fowl, creating conditions that are, or in combination with other substances are, harmful to








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III. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Issue an injunction permanently enjoining Defendants to comply with the

requirements of R.C. Chapter 6111. and the rules adopted under that Chapter;

B. Order each Defendant, pursuant to R.C. 6111.09, to pay into the state treasury, a civil

penalty for the violations set forth above in the amount of ten thousand dollars ($10,000) per day

for each day of violation, plus ten thousand dollars ($10,000) per day for each day of violation

after the filing of this Complaint;

C. Retain jurisdiction of this suit for the purpose of making any order or decree that the

Court may deem necessary at any time to enforce and administer Defendants’ compliance with

the terms and provisions of this Court’s Order;

D. Order Defendants to pay the costs of this action including reasonable attorney’s fees

and any extraordinary costs incurred by the State of Ohio; and

E. Grant such other relief as may be necessary and just.

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Respectfully submitted, JIM PETRO ATTORNEY GENERAL OF OHIO BY:_________________________________ LAUREN C. ANGELL (0042615) JESSICA B. ATLESON (0077871) Assistant Attorneys General Environmental Enforcement Section Public Protection Division 30 East Broad Street, 25th Floor Columbus, Ohio 43215-3400 Telephone: (614) 466-2766 Telefax: (614) 644-1926 E-Mail: [email protected] [email protected]

Documents

IN THE COURT OF COMMON PLEAS FRANKLIN · PDF file30 EAST BROAD STREET, ... COMPLAINT The State of Ohio, ... Site #16 is discharged to an unnamed tributary to Anderson Fork;