Lisa Madigan
A"1"I'ORNEYGENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v . Village of Browning
Dear Clerk Gunn :
JB/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
November 16, 2006
PC-
a
All
J040
RECEIVEDCLERK'S
OFFICE
NOV 2 J
2006
STATE OF ILLINOIS
Pollution Control Board
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 .
Vgry truly yours,i
Jennifer Bo owski
gnvironmental Bureau
---/500
South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfcld, Illinois 62706
• (217) 782-1090 • TTY: (217) 785-2771 • Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400 • T'FY; (618) 529-6403 • Fax : (618) 529-6416
Rr~ECEaVE®
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARISLERK'S OFFICE
PEOPLE OF THE STATE OF
NOV 2
UD 2006
)
ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs .
)
PCB(Enforcement)No . o140
VILLAGE OF BROWNING,
)
Illinois municipal corporation,
)
Respondent .
)
NOTICE OF FILING
To :
Village of Browning
c/o Burl H . Boyd, Village President
P.O . Box 169
Browning, IL 62624
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : November 16, 2006
2
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
r
BY: JENNIFER
BONKOWSKI
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on November 16, 2006, 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:
Village of Browning
c/o Burl H
. Boyd, Village President
P .O
. Box 169
Browning, IL 62624
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
This filing is submitted on recycled paper
.
Jennifer Bon owski
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
vs.
)
PCB No.
(Enforcement)
VILLAGE OF BROWNING,
)
Illinois municipal corporation,
)
Respondent .
)
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
Litigation Division
BY :_,
.~
IVNIFER
/J~}(
~. B
NKOWSKI
nvironment I Bureau
s§istant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : November 16, 2006
RECEIVED
NOV 2 E 2006
Pollution
STATE OF
Control
ILLINOISBoard
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 2 L 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
v.
)
PCB NO . 0
(Enforcement)
VILLAGE OF BROWNING,
)
an Illinois municipal corporation,
)
Respondent .
)
COMPLAINT
Complainant, 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, VILLAGE OF
BROWNING, as follows :
COUNTI
DISINFECTION VIOLATIONS
This Complaint is brought by the Attorney General on her own motion, pursuant
to the terms and provisions of Section 31 of the Illinois Environmental Protection Act
("Act"),
415 ILCS 5/31 (2004) .
2.
The Illinois Environmental Protection Agency ("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 charged,
inter alia,
with the duty of enforcing the Act in proceedings before the
Illinois Pollution Control Board ("Board")
.
3 .
Respondent, Village of Browning, is an Illinois municipal corporation located in
Schuyler County, Illinois, and the owner and operator of a "public water supply" as that term is
defined under Section 3
.365 of the Act, 415 ILCS 5/3
.365 (2004), as follows :
1
"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 plants, reservoirs, storage tanks
and appurtenances, collectively or severally, actually used or intended for use for
the purpose of furnishing 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-community water supply ."
The public water supply is also a "community water supply" or "CWS" as that term is defined
under Section 3.145
of the Act, 415 ILCS 5/3 .145 (2004) .
4 .
The Village's water supply serves approximately 130 residents from one drift
well
. The water is chlorinated, fluoridated, fed potassium permanganate, filtered and then
stored within a 160,000 gallon elevated tank
.
5 .
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), provides, in pertinent part
:
(a)
No person shall :
(1) Knowingly cause, threaten or allow the distribution of water
from any public water supply of such quality or quantity as
to be injurious to human health ; or
(2)
Violate regulations or standards adopted by the Agency pursuant
to Section 15(b) of this Act or by the Board under this Act
; or
(3)
Construct, install or operate any public water supply without a
permit granted by the Agency, or in violation of any condition
imposed by such a permit
.
6 .
Section 19 of the Act, 415 ILCS 5/19 (2004), provides
:
Owners or official custodians of public water supplies shall submit such samples
of water for analysis and such reports of operation pertaining to the sanitary
quality, mineral quality, or adequacy of such supplies as may be requested by
the Agency . Such samples and reports shall be submitted within 15 days after
demand by the Agency .
7 .
Section 601 .101 of the Board's Public Water Supplies Regulations, 35 III
. Adm
.
Code 601 .101, provides that
:
Owners and official custodians of a public water supply in the
State of Illinois shall provide pursuant to the Environmental
2
Protection Act (Act), the Pollution Control Board (Board)
Regulations, the Safe Drinking Water Act (42 U .S .C . 300f
et seq .)
continuous operation and maintenance of public water supply
facilities so that the water shall be assuredly safe
in quality, clean,
adequate in quantity, and of satisfactory mineral characteristics
for ordinary domestic consumption .
8 .
Pursuant to Section 602.115
of the Board's Public Water Supplies Regulations,
35 III . Adm . Code 602 .115, the Illinois EPA has adopted
standards and criteria, published in the
form of Technical Policy Statements, governing the design,
operation and maintenance of
public water supplies to insure safe, adequate and clean water
.
9 .
Section 611
.240(g) of the Board's Public Water Supplies Regulations, 35 III .
Adm . Code 611 .240(g), provides in pertinent part, that
:
(g)
CWS suppliers using groundwater which is not under the
direct influence
of surface water shall chlorinate the water before it enters the distribution
system . . . .
(1)
10.
Section 653 .604(a) of the Illinois EPA's Technical
Policy Statements, 35 III . Adm .
Code 653 .604(a), provides :
All GWS supplies that are required to chlorinate pursuant to this
Section shall maintain residuals of free or combined
chlorine at
levels sufficient to provide adequate protection of human health
and the ability of the distribution system to continue
to deliver
potable water that complies with the requirements of this
Part.
* h
4
A minimum free chlorine residual of 0
.2 mg/I or a minimum
combined residual of
0 .5 mg/I shall be maintained in all active parts of the
distribution system at all
times .
11 .
The Illinois EPA inspected the Village's water supply and
treatment facilities on
March 5, 2004
. The subsequent analysis of a sample from a tap revealed a chlorine residual of
zero, less than the minimum standards required by Section
653 .604(a) of the Illinois EPA's
Technical Policy Statements .
3
12.
By failing to maintain the minimum chlorine residual in all active parts of the
water supply distribution system, the Village has violated Sections 601
.101 and 611
.240(g) of
the Board's Public Water Supplies Regulations, 35 III . Adm
. Code 601 .101 and 611 .240(g) .
13.
By violating the Board's Public Water Supplies Regulations as to disinfection
requirements, the Village has also violated Section 18(a)(2) of the Act, 415 ILCS 5/18(a)(2)
(2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, VILLAGE OF BROWNING :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum ; and
D.
Grant such other and further relief as the Board deems appropriate .
COUNTII
FLUORIDATION VIOLATIONS
1-8.
Complainant realleges and incorporates herein paragraphs 1 through 8 of Count
I as paragraphs 1 through 8 of this Count II .
9 .
Section 611 .125 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 611 .125, provides that :
All CWSs which are required to add fluoride to the water shall maintain a fluoride ion
concentration reported as F of 0 .9 to 1 .2 mg/I in its distribution system, as required by
Section 7a of the Public Water Supply Regulation Act [415 ILCS 40/7a]
.
4
10 .
Section 653
.701(b) of the Illinois EPA's Technical Policy Statements, 35 III
. Adm .
Code 653 .701(b), provides as follows :
Basis of Design -
Equipment shall have the capacity to maintain the
fluoride content in the finished water between 0
.9 and 1 .2 mg/I.
11 .
The Village is
required to add fluoride to the water
. According to testing during
the months of November and December 2003, the fluoride levels were 1
.86 mg/L and 1
.62
mg/L, respectively
. The Village's Water Superintendent reported to the Illinois EPA that the
failure to maintain the required fluoride content in the finished water was due to insufficient
monitoring and calibration of the mixing pumps
.
12 .
By failing to maintain a fluoride ion concentration in the range of 0
.9 mg/L to 1 .2
mg/L in its distribution system, the Village violated Section 611
.125 of the Board's Public Water
Supplies Regulations, 35 III . Adm
. Code 611 .125 .
13 .
By failing to comply with Section 611
.125 of the Board's Public Water Supplies
Regulations, 35 III . Adm . Code 611
.125, the Respondent thereby violated Section 18(a)(2) of
the Act, 415 ILCS 5/18(a)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, VILLAGE OF BROWNING
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein
;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate
.
5
COUNTII
REPORTING VIOLATIONS
1-8.
Complainant realleges and incorporates herein paragraphs 1 through 8 of Count
I as paragraphs 1 through 8 of this Count II
.
9 .
Section 611 .831 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 611 .831, provides that :
Within 30 days following the last day of the month, each CWS supplier shall submit a
monthly operating report to the Agency on forms provided or approved by the Agency .
10. Section 653
.605 of the Illinois EPA's Technical Policy Statements, 35 III
. Adm .
Code 653.605,
requires that a copy of the chlorination operating records be submitted to the
Illinois EPA each month.
11 .
Section 653
.704 of the Illinois EPA's Technical Policy Statements, 35 III
. Adm .
Code 653 .704, requires that a copy of the fluoride operating records be submitted to the Illinois
EPA each month .
11
.
The Village failed to submit complete reports and records from at least February
2003 through April 2004, thereby violating Sections 611 .831 of the Board's Public Water
Supplies Regulations, 35 III . Adm . Code 611 .831
.
12. By failing to comply with Sections 653
.605 and 653
.704 of the Illinois EPA's
Technical Policy Statements, 35 III
. Adm . Code 653 .605 and 653 .704, the Village thereby
violated Section 19 of the Act, 415 ILCS 5/19 (2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an Order against the Respondent, VILLAGE OF BROWNING
:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
6
D.
Of Counsel :
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : (i
/
J f
/()
Finding that the Respondent has violated the Act and regulations as alleged
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum
; and
Grant such other and further relief as the Board deems appropriate
.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
7
