Lisa Madigan
ATTORNEYGENERAL
November 16, 2006
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 Nebo
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
.
JB/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
RK
CLERK'S
,
OFFICE
IVED
P'.:+J 2
2006
STATE OF ILLINOIS
Pollution Control Board
V UIP
A
ti
Thank you for your cooperation and consideration
.
Very truly yours,
~ 'nnifer Bonk wski
E~nvironmenta Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Sneer, Springfield, Illinois 62706
• (217) 782-1090 • TTY
: (217) 785-2771 • Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000
• TIY: (312) 814-3374 • Fax
: (312) 814-3806
1001 Fast Main, Carbondale, Illinois 62901
• (618) 529-6400
• TTY: (618) 529-6403
• Fax : (618) 529-6416
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs .
)
PCB No.
O
(Enforcement)
VILLAGE OF NEBO,
)
Illinois municipal corporation,
)
Respondent .
)
NOTICE OF FILING
To :
Village of Nebo
c/o Ronnie Wayne Goewey
Nebo Village Hall
P.O . Box 277
Nebo, IL 62355
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
I Al
RE°CLERK'S
:ClrIVEDOFFICE
Pi .i'J
2 4 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
FURTHER,
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILLS 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
BY:
, ~,;-i;t.,
/ L'i
L
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 Nebo
c/o Ronnie Wayne Goewey
Nebo Village Hall
P.O . Box 277
Nebo, IL 62355
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
.
J
ifer Bonko ski
ssisiant Attorn y General
RL-;4
K'-pIFIe
0
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
P€ti p 7 20$
PEOPLE OF THE STATE OF
)
Pollution
STATE OF
ILLINOIS
ILLINOIS,
)
Control Board
Complainant,
)
-
vs .
)
PCB No.
d
(Enforcement)
VILLAGE OF NEBO,
)
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:,,/JENNIFER BONKOWSKI
I
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: November 16, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
VILLAGE OF NEBO, 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 Respondent, VILLAGE OF NEBO, an Illinois municipal
corporation, as follows :
COUNTI
SAMPLING VIOLATIONS
1 .
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 ("the 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, the Village of Nebo ("Village"), is an Illinois municipal corporation
located in Pike 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
PCB
(Enforcement-
NO . 01
Water)4(
R
CLERKS OFFICE
P&)J 2 i1
20
06
Pollution
STATE OF
ControlILLINOISBoard
"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 serves at least 15 service connections or which
regularly serves 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 a "CW S" 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 435 residents from two drift wells
.
The water is chlorinated, fed caustic soda and sulfur dioxide, filtered, chlorinated again, fed
hydrofluosilicic acid, and discharged to the distribution system in a 75,000-gallon elevated ground
level storage tank .
5 .
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), provides, in pertinent part
:
(a)
No person shall :
601 .101, provides that
:
(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 in such a course of operation pertaining to the
sanitary quality, mineral quality, or adequacy of such supply 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 Supply Regulations, 35 III
. Adm . Code
2
Owners and official custodians of a public water supply in the State of Illinois
shall provide pursuant to the Environmental 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.
Section 611
.521 (a) of the Board's Public Water Supply Regulations, 35 III
. Adm .
Code 611 .521(a), provides that
:
(a)
Suppliers shall collect total coliform samples at sites which are
representative of water throughout the distribution system according
to a written sample siting plan, which must be approved by a [special
exception permit] issued pursuant to Section 611
.110 .
9.
Pursuant to its approved written sample siting plan, the Village must collect
three coliform samples per month and submit coliform results as documentation of the
sampling .
10.
Pursuant to an Illinois EPA review of its files in March of 2004, the agency
discovered that the Village had not submitted coliform results in August 2003, or in the months
of October 2003 through February 2004
. By failing to comply with Section 611
.521 (a) of the
Board's Public Water Supply Regulations, 35 III
. Adm . Code 611
.521(a), the Respondent
thereby violated Section 18(a)(2) of the Act, 415 ILCS 18(a)(2) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
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
3
Respondent a monetary penalty of not more than the statutory maximum
; and
D .
Grant it such other and further relief as the Board deems appropriate .
COUNTII
REPORTING VIOLATIONS
1-7.
Complainant realleges and incorporates herein by reference paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count II .
8.
Section 611 .831 of the Board's Public Water Supply 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 .
9 .
Section 653
.605 of the Board's Public Water Supply Regulations, 35 III . Adm .
Code 653 .605, requires that a copy of the chlorination operating reports be submitted to the
Illinois EPA each month .
10.
The Village failed to submit the required operating reports for the months of May
2002 through August 2004, and upon request from the Illinois EPA, thereby violating Sections
611 .831 and 653 .605 of the Board's Public Water Supply Regulations, 35 III . Adm . Code
611.831 and 653.605, as well as Section 19 of the Act, 415 ILCS 5/19 (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
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
4
Respondent a monetary penalty of not more than the statutory maximum
; and
D .
Grant it such other and further relief as the Board deems appropriate .
COUNTIll
DISINFECTION VIOLATIONS
1-7 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count III
.
8.
Pursuant to Section 602
.115 of the Board's Public Water Supply 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 Supply Regulations, 35 III
. Adm .
Code 611
.240(g), provides, in pertinent part:
(g)
(1)
10 .
Section 653
.604(a) of the Illinois EPA Technical Policy Statements, 35 III
. Adm .
Code 653.604(a), provides :
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 facility on
CWS suppliers using ground water which is not under the direct
influence of surface water shall chlorinate the water before it
enters the distribution system, . . .
All CWS suppliers 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
.
5
February 26, 2004
. The subsequent analysis of a sample from a tap revealed a chlorine
residual of 0
.03 mg/I, less than the minimum standards required by Section 653
.604(a) of the
Illinois EPA Technical Policy Statements
.
12 .
By failing to maintain the minimum chlorine residual in all active parts of the
water supply distribution system, the Village has violated Section 601
.101 and 611 .240(g) of the
Board's Public Water Supply Regulations, 35 III
. Adm . Code 601 .101 and 611
.240(g)
.
13 .
By violating the Board's Public Water Supply Regulations as to disinfection
requirements, the Village has also violated Sections 18(a)(1) and (2) of the Act, 415 ILCS
5/18(a)(1) and (2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
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
Respondent a monetary penalty of not more than the statutory maximum
; and
D .
Grant it such other and further relief as the Board deems appropriate
.
COUNT IV
ACCESS VIOLATIONS
1-7 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Court IV
.
8 .
Section 4(d) of the Act, 415 ILCS 5/4(d) (2004), provides, in pertinent part, as
follows:
6
(d)
In accordance with constitutional limitations, the agency shall
have authority to enter at all reasonable times upon any private or
public property for the purpose of :
(1)
Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order ;
9.
On February 26, 2004, Curt Hubbard, the Village water operator, prevented the
Illinois EPA's access to the water plant .
10.
By preventing the Illinois EPA's access to the water operating plant for the
purposes of inspection to assure compliance with the Act and associated regulations, the
Village of Nebo did not continuously operate and maintain the public water supply in a manner
that assured safe and quality clean drinking water, thereby violating Section 601
.101 of the
Board's Public Water Supply Regulations, 35 III
. Adm . Code 601 .101 and Section 18(a)(2) of
the Act, 415 ILCS 5118(a)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
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
Respondent a monetary penalty of not more than the statutory maximum
; and
D.
Grant it such other and further relief as the Board deems appropriate
.
COUNT V
7
OPERATING PERMIT VIOLATIONS
1-7.
Complainant realleges and incorporates by reference herein paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count V
.
8.
The Village's operating permit No
. 0994-FY1984, states that the flow through the
water plant cannot exceed 70 gallons per minute
.
9.
Section 15(a) of the Act, 415 ILCS 5/15(a) (2004), provides as follows
:
(a)
Owners of public water supplies, their authorized representatives,
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 or additions is
started
. Plans and specifications shall be complete and of
sufficient 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 supplemental
data as may be required by the agency to permit a complete
review thereof
.
10.
On March 1, 2004, the Illinois EPA again inspected the facility
. On that date, the
water plant was being operated in excess of its rated capacity of 70 gallons per minute
. The
Village had not notified the Illinois EPA regarding the change from its operating permit
.
11 .
By allowing the water plant to exceed its permitted gallons per minute without
submitting plans and specifications and obtaining written approval from the Illinois EPA, the
Village violated a condition of its operating permit No
. 0994-FY1984 and Section 15(a) of the
Act, 415 ILCS 5/15(a) (2004), thereby violating Section 18(a)(3) of the Act, 415 ILCS 5/18(a)(3)
(2004).
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
A.
Authorizing a hearing in this matter, at which time, the Respondent will be
8
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
Respondent a monetary penalty of not more than the statutory maximum
; and
D.
Grant it such other and further relief as the Board deems appropriate
.
COUNTVI
EQUIPMENT LOCATION AND CHEMICAL STORAGE VIOLATIONS
1-7.
Complainant realleges and incorporates herein by reference paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count VI
.
8 .
Section 653
.601 of the Board's Public Water Supply Regulations, 35 III
. Adm .
Code
653
.601, provides, in relevant part, as follows :
e)
Equipment Location and Storage of Chemical
1)
Gas Feed Equipment
2)
A)
Gas feed equipment and all cylinders shall be
located in a separate room away from other
operating areas . The room shall be free from
excessive heat
.
9 .
Section 370
.1021 of the Board's Public Water Supply Regulations, 35 III
. Adm .
Code 370 .1021, provides, in relevant part, as follows
:
Dechlorination .
h) Housing
1)
Container and Equipment Location
Containers and feed equipment should be located inside a
9
fire resistant building
. Gas cylinders and containers
should be protected from direct sunlight .
A) Isolation
If gas sulfonation equipment and sulfur dioxide
cylinders will be located in a building also used for
other purposes, the sulfur dioxide equipment and
containers shall be located in an isolated room that
shall not contain any chlorination equipment,
chlorine containers or any other equipment
unrelated to sulfonation
. Common walls to other
areas of the building shall be gastight
. Doors to
the room shall open only to the outside and shall
be equipped with panic hardware
. Rooms shall be
at ground level and shall allow easy access to all
equipment
. Storage areas should be separated
from feed areas
; sulfur dioxide and chlorine
cylinders shall be stored in separate areas
.
10 .
On March 1, 2004, hydrofluosilicic acid and hydrochloric acid were stored in the
sulfur dioxide feed room
. There was a door between the chlorine and sulfur dioxide feed
rooms
. Doors to rooms containing sulfur dioxide are required to be open only to the outside
.
11 .
By storing gas feed equipment in the operating area, and by having sulfur
dioxide located in a room that opened to a room containing chlorine and was not open only to
the outside, the Village has violated Sections 653
.601 and 370
.1021 of the Board's Regulations,
35 III . Adm . Code 653 .601, and 370
.1021, thereby violating Section 18(a)(2) of the Act, 415
ILCS 5118(a)(2) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, VILLAGE OF NEBO
:
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
10
herein ;
C
.
Of Counsel :
JENNIFER BONKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-90 1
Dated :
// 'r/o
C
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum
; and
Grant it such other and further relief as the Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
BY:
11
