CLERK’S OFFICE

NOV

182005

STATE OF ILLINOIS

Pollution

Control Board

OFFICE

OF THE AYFORNEY

STATE OF

ILLINOIS

GENERAL

Lisa Madigan

AITORNEY GENERAL

November

15,

2005

?c~i3

O~-7~

The Honorable

Dorothy Gunn

Illinois

Pollution

Control

Board

James

R. Thompson

Center,

Ste.

11-500

100 West Randolph

Chicago,

Illinois 60601

Re:

People

v.

City of Gillespie

Dear Clerk Gunn:

Enclosed for filing

please

find

the original

and

ten copies

of

a

Notice

of

Filing,

Entry of

Appearance and

Complaint in regard

to the above-captioned matter.

Please file

the originals and

return

file-stamped

copies to

me in

the enclosed,

self-addressed envelope.

Thank you for your cooperation

and

consideration

Very truly yours,

ri~~

—

(,,,IJennife

onkowski

Environmental

Bureau

500

South

Second Street

Springfield,

Illinois 62706

(217) 782-9031

500

South

Second Street,

Springfleld,

Illinois

62706

•

(217)

782-1090

•

TTY:

(217)

785-2771

•

Fax:

(217)

782-7046

100

West

Randolph Street, Chicago, Illinois

60601

•

(312)

814-3000

•

‘I’TY:

(312) 814-3374

•

Fax:

(312)

814-3806

1001

East Main,

Carbondale,

Illinois

62901

•

(618)

529-6400

•

‘FlY:

(618) 529-6403

•

Fax:

(618) 529-6416

J B/p p

Enclosures

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

PEOPLE OF THE

STATE OF

)

NOV

182005

ILLINOIS,

Complainant,

)

ollution

Control

Board

vs.

)

PCBNo.

06

79

CITY OF GILLESPIE,

an

Illinois

municipal

Respondent.

To:

City

of Gillespie

c/o Dan

Fisher,

Mayor

115

N.

Macoupin

St.

Gillespie,

IL 62033-1409

PLEASE TAKE

NOTICE

that on this

date

I

mailed for filing with

the Clerk of the Pollution

Control

Board

of

the

State

of

Illinois,

a

COMPLAINT,

a

copy

of

which

is

attached

hereto

and

herewith served

upon

you.

Failure

to file

an

answer to

this Complaint within

60

days

may

have

severe

consequences.

Failure

to

answer

will

mean

that

all

allegations

in

this 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.

1

---

FURTHER,

please

take

notice

that

financing

may

be

available,

through

the

Illinois

Environmental

Facilities

Financing

Act, 20 ILCS

3515/1

(2004), to

correct the pollution alleged in

the Complaint filed

in

this

case,

Respectfully submitted,

PEOPLE

OF

THE STATE

OF ILLINOIS

LISA MADIGAN,

Attorney General

of the

State of

Illinois

MATTHEW J.

DUNN, Chief

Environmental

EnforcementlAsbestos

Litigati

Division

BY:4________

d

JENNIç-~RBONKOWSKI

Assista~4

Attorney General

Environmental

Bureau

500

South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

November

15,

2005

2

---

CERTIFICATE OF SERVICE

I

hereby certify

that

I

did

on November

15,

2005,

send

by certified

mail, with

postage

thereon fully

prepaid,

by

depositing

in a United

States

Post Office

Box a true

and

correct copy

of

the following

instruments

entitled NOTICE

OF

FILING,

ENTRY OF APPEARANCE

and

COMPLAINT:

To:

City of Gillespie

c/o

Dan

Fisher,

Mayor

115

N. Macoupin

St.

Gillespie,

IL 62033-1409

and the original

and ten copies

by First Class

Mail with

postage thereon fully prepaid

of the

same

foregoing instrument(s):

To:

Dorothy Gunn, Clerk

Illinois

Pollution Control

Board

James

R.

Thompson Center

Suite 11-500

100 West

Randolph

Chicago,

Illinois 60601

,dqhnifer!~7ikowski

~sistant

attorney General

This

filing

is

submitted on

recycled paper.

---

~ED

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

NOV

782005

PEOPLE OF THE

STATE OF

)

ST

ILLINOIS,

)

PoHu

Complainant,

vs.

)

PCB

No.

O(9

CITY OF GILLESPIE,

an

Illinois

ENTRY OF APPEARANCE

On

behalf

of

the

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

JENNIFER

BONKOWSKI, Assistant Attorney General

of the

State

of

Illinois,

hereby enters

her appearance

as attorney of record.

Respectfully

submitted,

PEOPLE

OF THE STATE

OF ILLINOIS,

LISA

MADIGAN

Attorney General of the

State of Illinois

MATTHEW J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Assistant Attorney General

Dated:

November

15,

2005

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

PEOPLE

OF THE

STATE OF ILLINOIS,

)

NOV

182005

Complainant,

)

Pollution Control Boarr:

PCB No.06”-7

¶

CITY OF GILLESPIE,

an

Illinois

municipal

Respondent.

COMPLAINT

The PEOPLE OF

THE

STATE OF ILLINOIS,

by

LISA

MADIGAN, Attorney General of

the State

of Illinois,

on

her own

motion

and

at the request of the ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

complains of

the Respondent,

CITY OF GILLESPIE, as

follows:

COUNT

NPDES PERMIT VIOLATIONS

1.

This Complaint is brought on

behalf of the People of

the

State of

Illinois

by LISA

MADIGAN,

the Attorney General

of the

State

of Illinois,

on her

own

motion

and

at the request of

the

Illinois

Environmental

Protection

Agency (“Illinois

EPA”),

pursuant to

Sections 42(d)

and

(e)

of the

Illinois

Environmental Act

(“Act”),

415

ILCS 5/42(d)

and

(e)

(2004).

2.

The

Illinois

EPA

is

an

agency

of the

State of

Illinois

created

by the

Illinois

General Assembly

in

Section 4

of the

Act,

415

ILCS 5/4

(2004),

and which

is

charged,

inter al/a,

with

the duty of enforcing

the Act in

proceedings

before the Illinois

Pollution

Control Board

(“Board”).

3.

The Respondent,

City of Gillespie,

is an

Illinois

municipal corporation

located

in

Macoupin

County,

Illinois,

and

the owner and

operator of a municipal wastewater treatment

plant (‘WWTP”).

1

---

4.

The City’s

WWTP serves

approximately 2,800

residents.

5.

The

Illinois

EPA

has issued

to the

City

National

Pollutant

Discharge

Elimination

System

(“NPDES”)

Permit

No. lL0022497

authorizing the discharge

of treated

effluent

to an

unnamed

tributary of Bear

Creek.

6.

The Respondent is required

by its

NPDES

permit to

sample the discharge and

to

timely submit to

the

Illinois

EPA

monthly

Discharge

Monitoring Reports.

7.

Section

12(f) of the Act, 415

ILCS 5/12(f)

(2004),

provides

as follows:

No person

shall:

(f)

Cause,

threaten or allow the discharge

of

any contaminant into

the

waters of

the

State,

as defined

herein,

including

but not limited to,

waters

to

any sewage works, or into

any well or from any

point source within the

State, without

an

NPDES permit

for point source discharges

issued

by

the Agency under Section

39(b) of this Act,

or in violation

of any

term

or

condition

imposed

by such

permit, or

in violation of any

NPDES

permit

filing requirement

established under Section 39(b),

or in violation of any

regulations adopted

by the

Board

or of any

order adopted

by the

Board

with

respect to

the NPDES program.

8.

Section

305.102(b) of the Board’s Water Pollution

Regulations,

35

III.

Adm.

Code 305.102(b),

provides as follows:

(b)

Every holder of

an

NPDES

(National

Pollutant Discharge

Elimination

System)

permit

is

required

to

comply with the monitoring,

sampling,

recording and

reporting

requirements set forth

in

the permit and

this

Chapter.

9.

The City has

failed

to timely submit

to the

Illinois

EPA monthly Discharge

Monitoring

Reports

as

required

by its

NPDES permit

from December

2003 through December

2004.

10.

By failing

to comply with

the reporting

requirements of

its

NPDES

permit,

the

Village

has violated

Section 305.102(b)

of

the Board’s Water

Pollution Regulations,

35

III.

Adm.

Code

305.102(b),

and

Section

12(f)

of the Act, 415

ILCS 5/12

(2004).

2

---

PRAYER FOR

RELIEF

WHEREFORE,

Complainant, the

People

of the

State of Illinois,

respectfully requests

that

the

Board

enter an

order against the Respondent,

City of Gillespie:

A.

Authorizing

a

hearing

in this matter at which time the

Respondent will

be

required

to answer the allegations

herein;

B.

Finding that

Respondent has

violated the Act

and

regulations as

alleged

herein;

C.

Ordering Respondent to cease

and

desist from

any further violations

of

the Act

and

associated

regulations;

D.

Pursuant

to Section 42(a) of the Act, 415

ILCS

5/42(a)

(2004), impose

a civil

penalty of up to fifty thousand dollars ($50,000.00)

for each

violation

that occurred

on

or after

July

1,

1990,

and

an

additional

penalty of ten thousand

($10,000.00)

for each

day during which.

such violations

continued;

E.

Pursuant to

Section

42(f) of the Act, 415

ILCS 5/42(f)

(2004), award

to

Complainant

its

costs

and

reasonable

attorney’s fees; and

F.

Granting

such other relief as the

Board

may deem

appropriate.

3

---

Respectfully submitted,

PEOPLE

OF THE

STATE OF ILLINOIS,

LISA MADIGAN,

Attorney General of

the State

of Illinois

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

BY:

~

—

THOMAS

DAVIS, Chief

Assistant Attorney General

Of Counsel

JENNIFER BONKOWSKI

Assistant Attorney General

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated:

f//(

57”O

C

4