BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISAMADIGAN,
Attorney General
of the State of Illinois,
)
Complainant,
)
E
)
MAR
15 2O~
)~
PCB No.
05-
I’O~
STATE
(Enforcement
-
~~~FiLLtt~Jo,s
HOME
DEPOT U.S.A.1
INC.,
)
trojSoard
a Delaware corporation,
Respondent.
NOTICE OF FILING
TO:
Andrew H.
Perellis
Seyfarth Shaw LLP
55 East Monroe Street,
suite 4200
Chicago,
Illinois 60603-5803
PLEASE TAKE NOTICE that
I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board a Complaint,
Notice of Filing, and a Certificate of Service on behalf of the
People of the State of Illinois,
a copy of which is attached and
herewith served upon you.
Section 103.204(f)
of the Pollution Control Board Procedural
Rules,
35
Ill. Adm. Code 103.204(f)
provides:
“Failure to file an
answer to this complaint within 60 days may have severe
consequences.
Failure to answer will mean that all allegations
in the complaint will be taken as if admitted for purposes of
this proceeding.
If you have any questions about this procedure,
you should contact the hearing officer assigned to this
proceeding,
the Clerk’s Office or an attorney.”
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Fir.
Chicago,
IL 60601
(312)
814-3816
DATE: March
15,
2005
G:’Bnvironmental
Enforcement\Z BEREK.ET-AB\Home DepotNotice of
Filing
3-14-05.wpd
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
ex rel.
LISA MADIGAN, Attorney General
)
CLEj~~~5
0~~D
ofthe State of Illinois,
)
)
MAR
152005
Complainant,
)
STATEOI-
)
f
v.
)
PCB No.
05-
(~rh
)
(Enforcement
-
Public Water
Supply)
HOME DEPOT U.S.A., INC.,
)
A Delaware corporation,
)
)
Respondent.
)
COMPLAINT
NOW COMES THE Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General ofthe State ofIllinois,
and complains ofRespondent, THE
HOME DEPOT U.S.A., INC., as follows:
COUNTI
FAILURE TO
OBTAIN A CONSTRUCTION PERMIT
1.
This complaint is
brought pursuant to
Section
31
of the Illinois Environmental
Protection Act (“Act”),
415
ILCS
5/31
(2002), on behalfofthe People ofthe State of Illinois, by
LISA MADIGAN, Attorney General ofthe State ofIllinois, on her own motion and
at the request
ofthe Illinois Environmental Protection Agency.
2.
The Illinois Environmental Protection Agency (“Illinois EPA”)
is an
administrative agency established in the executive branch of the State government by Section
4
ofthe Act,
415
ILCS
5/4
(2002), and charged,
inter alia,
with the duty ofenforcing the Act.
3.
At all times
relevant to this Complaint, Respondent, The Home Depot U.S.A.,
Inc.
(“Home Depot”)
is a Delaware corporation authorized to transact business in the State of
illinois and in good standing.
4.
At all times
relevant to this Complaint, Home Depot was engaged in the
construction ofa new Home Depot store number 1989, located on
143’~
Street and Bell Road,
Homer Township,
Will County, Illinois (“construction site” or “project”).
5.
On August 31, 2003,
Home Depot, through Illinois American Water Company,
applied for a construction permit forthe installation ofan
88 linear feet of 6-inchwater main
extension and 2,303 linear feet of 10-inch main to serve its newHome Depot store at the
construction site..
6.
On September
5,
2003, the Illinois EPA inspected the construction site and
discovered that the Home Depot had already installed the water main without first obtaining the
required construction permit from the Illinois EPA.
7;
On October 1, 2003, the Illinois EPA issued “As-Built” Plans Construction Permit
No. 043 I-FY2004 to
Home Depot.
8.
Section
15(a)
ofthe Act,
415
ILCS
5/15(a)
(2002), titled,
Plans and
Specifications~Demonstration ofCapability, provides as follows:
(a)
Owners ofpublic water supplies, their authorized representative, or legal
custodians, shall submit plans and specifications to the Agency and
obtain
written approval before construction of any proposed public water supply
installations, changes, oradditions is started.
Plans and
specifications
shall be
complete and ofsufficient detail
to show all proposed
construction,
changes, or additions that may affect sanitary quality,
mineral quality, or adequacy of the public water supply; and, where
necessary, said plans and specifications shall be accompanied by
-2-
supplemental data as may be required by the Agency to permit a complete
review thereof.
9.
Section 602.101(a) ofthe Board Public Water Supply Regulations, 35
111.
Adm.
Code 602.101, titled, Construction Permit,
provides as follows:
No person shall cause or allow the construction ofany new public water supply
installation or cause or allow the change ofor addition to any existing public
water supply, without a construction permit issued by the Agency.
Public water
supply installation, change, or addition shall not include routine maintenance,
service pipe connections, hydrants and valves, or replacement ofequipment, pipe,
and appurtenances with equivalent equipment, pipe, and appurtenances.
10.
Section 3.3 15 ofthe Act, 415 ILCS
5/3.3
15
(2002), defines person as follows:
“Person” is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate,
political subdivision state agency or any other legal entity, ortheir legal
representative, agent or assigns.
11.
Home Depot, a corporation, is
a person as that term is defined in Section
3.3 15 of
the Act, 415
LCS
5/3.315
(2002).
12.
Section
3.365
ofthe Act,
415 ILCS
5/3.365
(2002), defines public water supply as
follows:
“PUBLIC WATER SUPPLY” means
all mains, pipes and structures through
which water is obtained and
distributed to
the public, including wells and well
structures, intakes and cribs, pumping stations, treatment plans, reservoirs, storage
tanks and appurtenances, collectively or severally, actually used orintended for
use for the purpose offurnishing water for drinking or general domestic use and
which serve at least 15 service connections or which regularly serve at least 25
persons at least 60 days per year.
A public water supply is
either a “community
water supply” or a “non-communitywater supply”.
13.
Section 3.145 ofthe Act,
415 5/3.145
(2002), defines community water supply as
follows:
.
.
“COMMUNITY WATER SUPPLY” means a public water supply which serves or
is intended to
serve at least 15 service connections
usedby residents or regularly
serves at least 25 residents.
.
14.
The water mains at issue are a public water supply,
as the mains are structures
through which water is
obtained and distributed to the public and
as it serves more than 15
service connections which regularly serve more than 25 persons as defined in Sections
3.365
and
3.145 ofthe Act, 415 ILCS
5/3.365
and 3.145 (2002).
15.
As
a person causing or allowing the construction ofa public water supply,
Respondent is required to first obtain a construction permit from the Illinois EPAprior to
beginning construction ofany water main.
16.
Respondent constructed and installed 88
feet of 6-inch water main and 2,303
linear feet of10-inch main without first obtaining a construction permit from the Illinois EPA.
17.
By constructing and installing a water main at the construction site without
first obtaining a construction permit from the Illinois EPA, Respondent violated Section
15(a)
of
the Act, 415 ILCS
5/15(a)
(2002) and 35 Ill.
Adm.
Code 602.101(a).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent and in favor ofComplainant:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Finding that Respondent has violated
Section 15(a) ofthe Act and 35
Ill. Adm.
602.101(a);
3.
Ordering Respondent from furtherviolations ofSection
15(a) ofthe Act and 35
Ill. Adm.
Code 602.101(a);
.
.
-4-
4.
Assessing against Respondent a civil penalty ofFifty Thousand Dollars
($50,000.00) for each and every violation ofthe Act and Board regulations, with an additional
civil penaltyof Ten Thousand Dollars ($10,000.00) per day for each day ofeach violation;
5.
Taxing all costs
in this action, including
attorney, expert witness and consultant
fees,
against the Respondent; and
6.
.
Granting such other reliefas the Board deems appropriate and just.
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN, Attorney General
State of Illinois
MATTHEW J. DU1\~N,Chief
Environmental Enforcement/
Asbestos
Litigation Division
Of
Gounsel:
ZEMEHERET BEREKIET-AB
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
20th
Floor
Chicago, Illinois
60601
(312)814-3816
(312) 814-2347
-
fax
G:\Environmental Bnforcernent\Z
BEREKET-AB\Home Depot
Complaint 1004.wpd
EnvironmentalBureau
Assistant Attorney General
-5-
CERTIFICATE OF SERVICE
I,
the undersigned,
certify that
I have served the attached
COmplaint,
Notice
of
Filing,
and
Certificate
of
Service
~iia
United
States
Postal certified mail upon the following person:
Andrew H.
Perellis
Seyfarth
Shaw
LLP
55
East
Monroe
Street,
Suite
4200
Chicago,
Illinois 60603-5803
•
__________
ZEMEHERET
BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Flr.
Chicago,
Illinois 60601
G:\Environmental Enforcement\Z BEREKET-AB\Horne DepotCertificate of
Service
3-14-05.wpd
