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
concentration limitation for total suspended solids set forth in the NPDES Permit.
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.
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.
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.
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.
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
nitrogen, ammonia set forth in the NPDES Permit.
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,
ammonia set forth in the NPDES Permit.
58. On or about October 1997, 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 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,
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 fecal coliform
set forth in the NPDES Permit.
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
discharging sewage, industrial waste and/or other wastes from its WWTW at Site #285 to waters
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of the state in excess of the thirty (30) day effluent concentration limitation for fecal coliform
set forth in the NPDES Permit.
61. On or about 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 fecal coliform
set forth in the NPDES Permit.
62. On or about September 8, 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
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 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
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 oil and grease set forth
in the NPDES Permit.
64. On or about September 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
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) average maximum effluent concentration limitation
for oil and grease set forth in the NPDES Permit.
17
65. On or about April 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
sewage, industrial waste and/or other wastes from its WWTW at Site #285 to waters of the state
in excess of the thirty (30) average maximum effluent concentration limitation for oil and
grease set forth in the NPDES Permit.
66. On or about July 24, 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 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,
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 thirty (30) day maximum effluent limitation for oil and
18
grease set forth in the NPDES Permit.
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.
70. 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 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.
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 total suspended solids set forth in the NPDES Permit.
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
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.
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
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 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
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 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
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 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
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 thirty (30) day average effluent limitation
for oil and grease set forth in the NPDES Permit.
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,
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 total
suspended solids set forth in the NPDES Permit.
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
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.
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.
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 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)
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 average effluent loading limitation for total
suspended solids set forth in the NPDES Permit.
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
in the NPDES Permit.
86. On or about twice in March 2001, April 2001, May 2001, June 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 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
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
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
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
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,
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 nitrogen,
ammonia set forth in the NPDES Permit.
90. On or about March 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 seven (7) day average effluent loading limitation for nitrogen,
ammonia set forth in the NPDES Permit.
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
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
25
in excess of the thirty (30) day average effluent loading limitation for nitrogen, ammonia set
forth in the NPDES Permit.
92. On or about 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 average effluent loading limitation for nitrogen, ammonia set
forth in the NPDES Permit.
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.
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 average
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.
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 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
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. 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 average effluent loading limitation for
carbonaceous biological oxygen demand set forth in the NPDES Permit.
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,
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 nitrogen,
ammonia set forth in the NPDES Permit.
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
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 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
forth in the NPDES Permit.
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
forth in the NPDES Permit.
102. 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 failing to conduct the
monthly xylene monitoring of discharges from the O/S at Site #285 as set forth in the NPDES
Permit.
103. 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 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
unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and
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,
Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C. 6111.07(A), by
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
unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and
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.
108. In March 2003, April 2003, 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 the monthly total suspended solids monitoring of discharges from the O/S at
Site #285 as set forth in the NPDES Permit.
109. In March 2003, April 2003, 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 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
Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 4IN00158*BD and R.C.
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.
111. In March 2003, April 2003, 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 the monthly benzene monitoring of discharges from the O/S at Site #285 as
set forth in the NPDES Permit.
30
112. In March 2003, April 2003, 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 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
conditions, creating unsightly conditions, causing noticeable accumulations of sheen, and/or
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
discharging sewage, industrial waste and/or other wastes from its WWTW at Site #286 to waters
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
R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from its WWTW at
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
from the WWTW at Site #286 as set forth in the NPDES Permit.
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
WWTW at Site #286 as set forth in the NPDES Permit.
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
127. 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.
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.
130. The Director approved a Notice of Intent to Transfer NPDES Permit No.
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
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
suspended solids set forth in the NPDES Permit.
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,
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 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 suspended solids set
forth in the NPDES Permit.
134. On or about May 1998, December 1998, March 1999, 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 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
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 total
suspended solids set forth in the NPDES Permit.
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,
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 total phosphorus set forth
in the NPDES Permit.
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
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 carbonaceous
biological oxygen demand set forth in the NPDES Permit.
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
violated NPDES Permit No. 2PR00095*BD 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 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
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 carbonaceous biological oxygen demand set
forth in the NPDES Permit.
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.
6111.07(A) by discharging sewage, industrial waste and/or other wastes from its WWTW at Site
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
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 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 nitrogen, ammonia set forth in the NPDES Permit.
143. On or about May 1998, December 1998, January 1999, March 1999, 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 concentration limitation for nitrogen, ammonia set forth in the NPDES
Permit.
144. On or about January 2001, February 2001, March 2001, April 2001, May 2001,
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.
145. On or about May 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 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 fecal coliform set
forth in the NPDES Permit.
146. On or about May 1998, 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 concentration limitation for fecal coliform
set forth in the NPDES Permit.
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
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 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
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 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
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 and/or other wastes
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.
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 daily effluent concentration limitation for pH set
forth in the NPDES Permit.
151. On or about June 23, 2000; August 22, 2000; September 11, 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 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.
6111.07(A) by discharging sewage, industrial waste and/or other wastes from its WWTW at Site
41
#360 to waters of the state in excess of the seven (7) day average effluent concentration
limitation for total suspended solids set forth in the NPDES Permit.
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
wastes from its WWTW at Site #360 to waters of the state in excess of the thirty (30) day
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
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
carbonaceous biological oxygen demand set forth in the NPDES Permit.
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
and R.C. 6111.07(A) by discharging sewage, industrial waste and/or other wastes from its
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.
156. On or about March 2003, April 2003, May 2003, twice in June 2003, July 2003,
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,
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 nitrogen, ammonia set
forth in the NPDES Permit.
157. On or about March 2003, April 2003, May 2003, June 2003, July 2003, August
2003, September 2003, October 2003, November 2003, December 2003, January 2004, February
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
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 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
discharging sewage, industrial waste and/or other wastes from its WWTW at Site #360 to waters
of the state in excess of the daily maximum effluent concentration limitation for oil and
grease set forth in the NPDES Permit.
160. On or about 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 seven (7) day average effluent concentration limitation for fecal coliform set
forth in the NPDES Permit.
161. On or about 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 fecal coliform
set forth in the NPDES Permit.
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)
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
44
suspended solids set forth in the NPDES Permit.
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)
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.
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.
165. On or about January 2001, February 2001, March 2001, April 2001, June 2001, July
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)
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.
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
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
45
carbonaceous biological oxygen demand set forth in the NPDES Permit.
167. On or about January 2001, April 2001, July 2001, September 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) 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 carbonaceous biological oxygen
demand set forth in the NPDES Permit.
168. On or about May 1998, December 1998, February 1999, March 1999, 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 carbonaceous biological oxygen demand set forth in
the NPDES Permit.
169. On or about January 2001, February 2001, March 2001, April 2001, June 2001, July
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
violated NPDES Permit No. 2PR00095*BD 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 carbonaceous biological oxygen
demand set forth in the NPDES Permit.
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)
by discharging sewage, industrial waste and/or other wastes from its WWTW at Site #360 to
46
waters of the state in excess of the seven (7) day average effluent loading limitation for
nitrogen, ammonia set forth in the NPDES Permit.
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
May 2002, June 2002, July 2002, August 2002, September 2002, October 2002, November 2002,
December 2002, January 2003, twice in 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 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
nitrogen, ammonia set forth in the NPDES Permit.
172. On or about May 1998, December 1998, January 1999, 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) 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 nitrogen, ammonia set forth in the NPDES Permit.
173. On or about January 2001, February 2001, March 2001, April 2001, May 2001,
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
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 and/or other wastes
from its WWTW at Site #360 to waters of the state in excess of the thirty (30) day average
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
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.
176. On or about March 2003, April 2003, May 2003, twice in June 2003, July 2003,
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,
industrial waste and/or other wastes from its WWTW at Site #360 to waters of the state in excess
48
of the seven (7) day average effluent loading limitation for carbonaceous biological oxygen
demand set forth in the NPDES Permit.
177. On or about March 2003, April 2003, May 2003, June 2003, July 2003, August
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
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 loading limitation for carbonaceous
biological oxygen demand set forth in the NPDES Permit.
178. On or about March 2003, April 2003, May 2003, twice in June 2003, July 2003,
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
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 nitrogen, ammonia set forth in the NPDES Permit.
179. On or about March 2003, April 2003, May 2003, June 2003, July 2003, August
2003, September 2003, October 2003, November 2003, December 2003, January 2004, February
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
from its WWTW at Site #360 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.
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
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 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
WWTW at Site #360 as set forth in the NPDES Permit.
182. On or about May 14, 20, 1999; February 29, 2000; all of 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 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
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 weekly water
temperature monitoring of discharges from the WWTW at Site #360 as set forth in the NPDES
Permit.
184. On or about May 14, 20, 1999; February 29, 2000; all of 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 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
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
color in the discharges from the WWTW at Site #360 as set forth in the NPDES Permit.
186. On or about May 14, 20, 1999; February 29, 2000; all of 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 failing to conduct daily monitoring of the severity of
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
forth in the NPDES Permit.
188. On or about May 20, 1999; February 29, 2000; all of April 2000; May 14, 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 failing to conduct daily monitoring of the severity of
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
in the NPDES Permit.
51
190. On or about twice in May 1999, February 2000, thrice in April 2000, May 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 failing to conduct the weekly
dissolved oxygen monitoring of discharges from the WWTW at Site #360 as set forth in the
NPDES Permit.
191. On or about 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 failing to conduct
the monthly total residual chlorine monitoring of discharges from the WWTW at Site #360 as
set forth in the NPDES Permit.
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
WWTW at Site #360 as set forth in the NPDES Permit.
193. On or about 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 failing to conduct
the monthly fecal coliform monitoring of discharges from the WWTW at Site #360 as set forth
in the NPDES Permit.
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
Pilot Oil violated NPDES Permit No. 2PR00095*AD and R.C. 6111.07(A), by failing to conduct
52
the monthly nitrogen, ammonia monitoring of discharges from the WWTW at Site #360 as set
forth in the NPDES Permit.
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
WWTW at Site #360 as set forth in the NPDES Permit.
197. On or about August 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 failing to conduct
the monthly oil and grease monitoring of discharges from the WWTW at Site #360 as set forth
in the NPDES Permit.
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
WWTW at Site #360 as set forth in the NPDES Permit.
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
201. 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 oil and grease monitoring of discharges from
the WWTW at Site #360 as set forth in the NPDES Permit.
202. 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 pH monitoring of discharges from the WWTW
at Site #360 as set forth in the NPDES Permit.
203. 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.
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
for oil and grease set forth in the NPDES Permit.
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
discharges from the O/S at Site #12 as set forth in the NPDES Permit.
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.
211. 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 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.
214. The Director approved a Notice of Intent to Transfer NPDES Permit No.
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
216. On or about May 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 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
grease set forth in the NPDES Permit.
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
grease set forth in the NPDES Permit.
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
forth in the NPDES Permit.
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
O/S at Site #281 as set forth in the NPDES Permit.
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
discharges from the O/S at Site #281 as set forth in the NPDES Permit.
225. On or about October 2000, 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 pH monitoring of discharges from the O/S at Site #281 as set forth in
the NPDES Permit.
226. On or about October 2000, 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
59
to conduct the monthly low level chemical oxygen demand monitoring of discharges from the
O/S at Site #281 as set forth in the NPDES Permit.
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,.
229. 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
60
subsequent to the filing of this Complaint, pursuant to R.C. 6111.09.
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
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 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
61
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 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
nitrogen, ammonia set forth in the NPDES Permit.
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
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 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
62
at Site #005 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.
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
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 total suspended solids set forth in the NPDES Permit.
240. On or about February 2002, March 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 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,
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 daily maximum effluent concentration limitation for total
residual chlorine set forth in the NPDES Permit.
63
b. Loading Limitation Violations For Site #005
242. On or about October 2001, January 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 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
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
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.
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 average effluent loading
limitation for carbonaceous biological oxygen demand set forth in the NPDES Permit.
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,
Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and R.C. 6111.07(A) by
failing to conduct daily monitoring of the severity of color in the discharges from the WWTW
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at Site #005 as set forth in the NPDES Permit.
246. 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,
Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD 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 #005 as set forth in the NPDES Permit.
247. 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; 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 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,
Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and R.C. 6111.07(A) by
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
unknown to Plaintiff, Defendant Pilot Travel violated NPDES Permit No. 2PR00109*AD and
R.C. 6111.07(A) by failing to conduct the daily water temperature monitoring of discharges
from the WWTW at Site #005 as set forth in the NPDES Permit.
250. On or about November 2001, twice in March 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 failing to conduct the weekly dissolved oxygen monitoring of discharges
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from the WWTW at Site #005 as set forth in the NPDES Permit.
251. 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 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.
256. From a date as yet unknown to Plaintiff, but from at least as early as October 6,
1998 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
#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,
1999 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
#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
and/or water, gasoline, diesel, kerosene and/or motor oil to be introduced into the O/S at Site
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#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
259. From a date as yet unknown to Plaintiff, but from at least as early as September 1,
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.
260. From a date as yet unknown to Plaintiff, but from at least as early as September 1,
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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261. From a date as yet unknown to Plaintiff, but from at least as early as October 14,
2002 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 #130,
thereby causing the discharge of industrial waste and/or other wastes to an unnamed tributary of
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,
2003 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 #454,
thereby causing the discharge of industrial waste and/or other wastes to an unnamed tributary of
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
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 #457,
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.
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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;
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*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
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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.
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),
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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.
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.
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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
conditions, creating unsightly conditions, causing noticeable accumulations of sheen, and/or
causing degradation.
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
downstream water uses, creating nuisance conditions, creating unsightly conditions, causing
noticeable accumulations of sheen, and/or causing degradation.
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
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.
281. 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
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subsequent to the filing of this Complaint, pursuant to R.C. 6111.09.
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]