The Illinois Environmental Protection Agency has said Flint Group violated state law and stormwater permits when it accidentally spilled firefighting foam into Batavia’s Mahoney Creek in March.
That’s according to a letter the agency sent to Flint Group, a global manufacturer of print and packaging materials, early last month.
The company was given 45 days to respond to the alleged violations, which include the spilling of contaminants and failure to properly maintain stormwater control measures, among others, according to the letter.
On March 8, a malfunctioning firefighting system at a Flint Group building on North Kirk Road in Batavia spilled firefighting foam into a stormwater retention pond at the site, company officials have previously said.
That foam drained into the city’s stormwater system and, eventually, into Mahoney Creek, after a separate issue caused the pond’s valve to open, according to those officials.
Illinois Environmental Protection Agency investigators also found foam residue on the ground around the Flint Group site, according to the agency’s letter.
The malfunctioning firefighting system was found and stopped on March 8, but the leak into Mahoney Creek wasn’t discovered until March 11, city officials previously said. By then, foam could be seen floating down the creek.
City of Batavia officials originally warned residents to stay away from the creek, since the firefighting foam contained a class of chemicals known as PFAS, which are commonly referred to as “forever chemicals.”
These chemicals break down slowly in the environment and the body, and they are known to cause health effects like immune system issues and cancer. However, a report from the Illinois Department of Public Health determined that the amount released in the spill was not expected to be harmful to people.
The water supplies of Batavia and Aurora were also not impacted, officials from the two cities have said.
The letter from the Illinois Environmental Protection Agency dated July 5 cites six apparent violations:
• Discharge of contaminants into the environment.
• Deposit of contaminants so that it creates a water pollution hazard.
• Creation of unnatural substances in waterways.
• Failure to properly implement stormwater controls.
• Failure to properly operate or maintain stormwater controls.
• Significant release of waste material into waters of the state or country.
State officials recommended in the letter that the facility immediately review its operation, maintenance and emergency response procedures as well as create or update procedures for managing the emergency or accidental release of firefighting foam that contains PFAS.
Flint Group has the option to request a Compliance Commitment Agreement with the Illinois Environmental Protection Agency to avoid being prosecuted for the alleged violations, according to the letter.
This agreement would require the company to take specific actions to come back into compliance with laws and regulations, the agency’s webpage about Compliance Commitment Agreements said. The agreement would also set a timeline for when these actions need to be completed and when any environmental damage needs to be fixed, according to the webpage.
However, both the company and the agency will need to agree on terms for the agreement, officials said in the letter.
Batavia City Administrator Laura Newman said on Thursday afternoon that the city had not yet received Flint Group’s response to the letter. However, the city only just received the Illinois Environmental Protection Agency’s letter to Flint Group on Monday, she said.
Illinois Environmental Protection Agency spokesperson Kim Biggs confirmed that the agency has not yet received a response from Flint Group. As the company actually received the agency’s letter on July 10, it has until Aug. 24 to respond, she said.
As of 5 p.m. on Friday, Flint Group had not responded to requests for comment.
Cleanup efforts in Mahoney Creek have been completed by Clean Harbors, an environmental contractor hired by Flint Group, according to Newman.
She said Clean Harbors and the city’s own environmental contractor, GZA GeoEnvironmental, are now collaborating with Kane County to test the private wells of those who live near Mahoney Creek for contamination from the spill.
Two tests need to be performed at different times to understand contamination levels, and the second test is set to be completed next week, Newman said. Those test results will then be sent to the Illinois Department of Public Health for interpretation, she said.
Residents with contaminated wells, if that contamination is linked to the firefighting foam spill, should likely look to Flint Group to fix the situation, according to Newman.
She said the city is also looking to recoup funds from Flint Group, particularly for the taxpayer dollars it has spent in hiring GZA GeoEnvironmental and any other costs associated with the spill. While there has been no formal request, Flint Group has been notified of the city’s intentions, Newman said.
rsmith@chicagotribune.com