Illinois EPA finds Flint Group violated state law and allowed chemical spills in Batavia

The Illinois Environmental Protection Agency said Flint Group violated state law and stormwater permits when it accidentally spilled firefighting foam into Mahoney Creek in Batavia in March.

This is according to a letter the agency sent to Flint Group, a global manufacturer of printing and packaging materials, early last month.

The company had 45 days to respond to the alleged violations, which include the spillage 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 on the site, company officials previously said.

That foam drained into the city’s stormwater system and eventually into Mahoney Creek after a separate problem caused the lake’s valve to open, according to those officials.

Illinois Environmental Protection Agency investigators also found foam residue in the soil around the Flint Group facility, according to the agency’s letter.

The faulty fire suppression system was found and shut down on March 8, but the leak in Mahoney Creek was not discovered until March 11, city officials previously said. By this time, foam could be seen floating in the creek.

Batavia city officials originally warned residents to stay away from the creeksince firefighting foam contained a class of chemicals known as PFAS, which are commonly called “forever chemicals.”

These chemicals break down slowly in the environment and in the body and are known to cause health effects such as immune system problems and cancer. However, an Illinois Department of Public Health report determined that the amount released in the spill was not expected to be harmful to people.

The water supply of Batavia and Aurora were also not impactedofficials from both cities 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 in a way that creates a risk of water pollution.

• Creation of unnatural substances in waterways.

• Failure to properly implement stormwater controls.

• Failure to properly operate or maintain stormwater controls.

• Significant release of waste into state or country waters.

State officials recommended in the letter that the facility immediately review its operating, maintenance and emergency response procedures, as well as create or update procedures to manage the emergency or accidental release of firefighting foam containing PFAS.

The Flint Group has the option of requesting a Compliance Commitment Agreement with the Illinois Environmental Protection Agency to avoid being sued for the alleged violations, according to the letter.

This agreement would require the company to take specific actions to return to compliance with laws and regulations, the agency’s page on Compliance Commitment Agreements said. The agreement would also establish a timeline for when these actions would need to be completed and when any environmental damage would need to be corrected, according to the web page.

However, both the company and the agency will need to agree on the terms of the deal, officials said in the letter.

Batavia City Administrator Laura Newman said Thursday afternoon that the city had not yet received Flint Group’s response to the letter. However, the city just received the letter from the Illinois Environmental Protection Agency to the Flint Group on Monday, she said.

Illinois Environmental Protection Agency spokesperson Kim Biggs confirmed that the agency has not yet received a response from the Flint Group. Because the company received the agency’s letter on July 10, it has until Aug. 24 to respond, she said.

As of 5pm on Friday, Flint Group had not responded to requests for comment.

Cleanup efforts at Mahoney Creek were 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 living 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 expected to be completed next week, Newman said. The 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 spilled firefighting foam, should probably turn to Flint Group to resolve the situation, according to Newman.

She said the city is also looking to recover funds from the Flint Group, especially for the taxpayer dollars it spent on hiring GZA GeoEnvironmental and any other costs associated with the spill. Although there has been no formal request, the Flint Group has been notified of the city’s intentions, Newman said.

rsmith@chicagotribune.com