Developer Sued By State: Attorney General Alleges Environmental Violations

By Jill Moon, The Telegraph, Alton, Ill.

Feb. 15–GRAFTON — The Illinois Attorney General’s Office is going after another Grafton developer for alleged violations of environmental regulations.

Attorney General Lisa Madigan’s office filed a lawsuit Monday in Jersey County Circuit Court not only against Grafton Properties LLC, which owns the Villas at Grafton Harbor development, but also Fred Herter, doing business as Herter Excavating. Grafton resident David Roth is the main partner in Grafton Properties.

Erosion problems have plagued an area at Mulberry and Main streets since residential and commercial development started on an Illinois River bluff approximately five years ago; Main Street is the same as Illinois Route 100. Last year, Timber Ridge Condominiums developer Reubel Adventures Inc. reached a $20,000 settlement with the Attorney General’s Office for alleged environmental violations.

Roth was traveling Thursday and could not be reached for comment. Mayor Richard Mosby said Thursday he was not surprised by the lawsuit but did not know what role, if any, the city would play in it.

“I will talk to our attorney, Jim Schrempf, and seek the best course of action for the city,” he said.

Madigan’s recent complaint alleges Grafton Properties and Herter Excavating caused water pollution from storm water runoff into the Illinois River, water pollution contaminants in proximity of the Illinois River and violations of their National Pollutant Discharge Elimination System permit. In all, practices surrounding the Villas at Grafton Harbor resulted in six counts of violation, according to the complaint.

Madigan’s suit seeks the maximum civil penalty of $50,000 per water pollution and hazard violation and $10,000 for each day the alleged violations continued, including the storm water permit violations.

READ MORE ON THIS STORY in the print edition of Friday’s Telegraph.

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