BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of
the State of Illinois,
Complainant,
VS.
CITY OF WOODSTOCK, an Illinois municipal
corporation,
Respondent.
PCB No. 07
(Enforcement-Water)
NOTICE OF FILING
TO:
City of Woodstock
(VIA ELECTRONIC FILING)
Dr. Brian Sager, Mayor
121 W. Calhoun Street
Woodstock, Illinois 60098
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on 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 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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental facilities financing act [20 ILCS
35 1511 et seq.] to correct the alleged
pollution.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
By:
I
KATHERINE M. HA
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 60601
(3
12) 8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of
the State of Illinois,
Complainant,
VS.
CITY OF WOODSTOCK, an Illinois municipal
corporation,
Respondent.
)
)
)
)
1
)
)
PCB No. 07
1
1
(Enforcement-Water)
1
1
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, CITY OF WOODSTOCK, as follows:
COUNT I:
CONSTRUCTION WITHOUT
A PERMIT
1.
This complaint is brought by LISA
MADIGAN, 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 Section 31 of the Environmental Protection Act, ("Act"), 415 ILCS
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the
Act, 415 ILCS 514 (2004), and is charged inter alia, with the duty of
enforcing the Act. The Illinois EPA is further charged with the duty to abate violations of the
National Pollutant Discharge Elimination System
("NPDES") permit program under the Federal
Clean Water Act ("CWA"), 33 U.S.C.
tj
1342(b)(7) et seq. (2006).
3.
Respondent CITY OF WOODSTOCK
("Woodstock") is an Illinois municipal
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
corporation, duly organized and existing under the laws of the State of Illinois. Woodstock is
located in
McHenry County, Illinois. The population of Woodstock is 23,241.
4.
Woodstock is the owner and operator of the Woodstock South Wastewater
Treatment Plant ("Woodstock South WWTP"). The Woodstock South WWTP is located at 800
Diekman Street in woodstock, and serves the south side of Woodstock.
5.
The Woodstock South WWTP discharges effluent to the
Kishwaukee River
pursuant to
NPDES Permit No. IL0034282.
6.
Sometime before October 2005, on a date better known to Respondent,
Woodstock installed a wastewater spray irrigation system. The purpose of the system is to
irrigate an athletic complex. The irrigation agent is chlorinated effluent from the Woodstock
South WWTP. Several drinking fountains are located around
t'he athletic complex.
7.
In October 2005, the Illinois EPA Bureau of Water, Division of Water Pollution
Control Permits Section received a construction permit application from Woodstock for a spray
irrigation system indicating that the system had'already been constructed and tested. The
application was denied in January 2006 for design deficiencies.
8.
On February 21,2006, Woodstock submitted to the Illinois EPA another
application for a construction and operating permit for the wastewater spray irrigation system.
9.
On April 20,2006, the Illinois EPA issued a construction permit to Woodstock
for the wastewater spray irrigation system. The permit contained several special conditions,
including the requirement that spray irrigation shall only occur when Woodstock is chlorinating
the effluent, no drinking fountain shall be located closer than fifty feet from the edge of the spray
irrigation area, and the effluent shall not be applied when the wind exceeds 15 miles per hour.
10.
'
Woodstock's operation of the wastewater spray irrigation system is subject to the
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
Act and the rules and regulations promulgated by the Illinois Pollution Control Board ("Board").
The Board's regulations for water pollution are found in Title 35, Subtitle C, Chapter I of the
Illinois Administrative Code ("Board Water Pollution Regulations").
11.
Section
12(b) of the Act, 415 ILCS 5/12(b) (2004), provides, in pertinent part, as
follows:
No person shall:
(b)
Construct, install, or operate any equipment, facility, vessel, or aircraft capable of
causing or contributing to water pollution, or designed to prevent water pollution,
of any type designated by Board regulations, without a permit granted by the
Agency, or in violation of any conditions imposed by such permit.
12.
Section
309.202(a) of the Illinois Pollution Control Board ("Board") Water
Pollution Regulations, 35
Ill. Adrn. Code 309.202(a), provides, as follows:
Except for treatment works or wastewater sources which have or will have
discharges for
which,NPDES Permits are required, and for which NPDES Permits
have been issued by the Agency:
a.
No person shall cause or allow the construction of any new treatment
works, sewer or wastewater source or cause or allow the modification of
any existing treatment works, sewer or wastewater source without a
construction permit issued by the Agency, except as provided in paragraph
(b).
13.
Section 3.3 15 of the Act, 415 ILCS
513.3 15 (2004), provides, 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, or their legal
representative, agent or assigns.
14.
Woodstock, an Illinois political subdivision, is a
bbperson" as that term is
defined in Section 3.3 15 of the Act, 41 5 ILCS 513.3 15
(20.04).
15.
Section 3.545 of the Act, 41 5 ILCS 513.545 (2004), contains the following
definition:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
"WATER POLLUTION is such alteration of the physical, thermal, chemical,
biological, or radioactive properties of any waters of the State, or such discharge
of any contaminant into any waters of the State, as will or is likely to create a
nuisance or render such water
harmful'or detrimental or injurious to public health,
safety or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate uses, or to livestock, wild animals, birds, fish, or
other aquatic life.
16.
Section 3.165 of the Act, 41 5 ILCS 513.165
(2004), contains the following
definition:
"CONTAMINANT" is any solid, liquid or gaseous matter, any odor or any form
of energy, from whatever source.
17.
The wastewater that flows through the wastewater spray irrigation system at the
Woodstock South WWTP is a contaminant as that term is defined in Section 3.165 of the Act,
415 ILCS 513.165 (2004).
18.
The wastewater spray irrigation system is intended to prevent water
pollution by discharging the treated effluent to the land at the Site rather than into a water
of the State.
19.
'
Respondent constructed the wastewater spray irrigation system at the Woodstock
South WWTP on or before October 2005, and did not receive a construction permit from the
Illinois EPA until April 20, 2006.
20.
By constructing the wastewater spray irrigation system, which is
equipment or a facility designed to prevent water pollution, without a construction permit
from the Illinois EPA, Respondent violated Section
12(b) of the Act, 415 ILCS 5/12(b)
(2004).
2 1.
Respondent did not receive an NPDES permit from the Illinois EPA for the
wastewater spray irrigation system prior to constructing it, nor do any of the exceptions in
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
\
Section 309.202(b) apply.
22.
Respondent, City of Woodstock, constructed the wastewater spray irrigation
system, which modified the existing treatment works, without a construction permit
from the
Illinois EPA, and thus violated Section
309.202(a) of the Board Water Pollution Regulations, 35
Ill. Adm. Code 309.202(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, CITY OF WOODSTOCK on
Count I:
1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section 12(b) of the Act and 35 Ill. Adrn. Code
309.202(a);
3.
Order Respondent to cease and desist from any future violations of Section 12(b)
of the Act and 35 Ill. Adm. Code 309.202(a);
4.
Assess against Respondent a civil penalty of Fifty Thousand Dollars ($50,000.00)
for each and every violation of the Act and regulations and Ten Thousand Dollars ($10,000.00)
for each day of violation;
5.
Order Respondent to pay all costs in this action, including expert witness,
consultant, and attorney's fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT I1
VIOLATION OF NPDES PERMIT
1
-
1 5.
Complainant realleges and incorporates by reference herein paragraphs 1 through
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
10 and paragraphs 13 through 17 of Count I as paragraphs 1 through 15 of this Count 11.
16.
Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), provides, in pertinent part, 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.
. . .
17.
The federal Clean Water Act regulates the discharge of pollutants
from a point
source into navigable waters and prohibits such point source discharges without an NPDES
permit. The United States Environmental Protection Agency ("USEPA") administers the
NPDES program in each State unless the
USEPA has delegated authority to do so to that State.
18.
The
USEPA has authorized the State of Illinois to issue NPDES permits through
the Illinois EPA.
19.
On December 10,2004, the Illinois EPA issued to Woodstock NPDES Permit No.
IL0034282 authorizing the discharge of wastewater treatment effluent from the Woodstock
South WWTP to the
Kishwaukee River. The permit will expire on February 10,2010.
20.
Woodstock's NPDES Permit No.
IL0034282 did not authorize the discharge of
wastewater from the wastewater spray irrigation system. Woodstock also did not obtain a
construction permit from the Illinois EPA prior to constructing the wastewater spray irrigation
system on or before October 2005.
21.
By constructing the wastewater spray irrigation system at the Woodstock South
WWTP without authorization, and thus allowing effluent to be discharged in violation of NPDES
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
Pennit No. IL0034282, Woodstock violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, CITY OF WOODSTOCK on
Count
11:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated Section
12(f) of the Act;
3.
Ordering the Respondent to cease and desist
from any hrther violations of
Section
12(f) of the Act;
4.
Assessing a civil penalty of Ten Thousand Dollars ($10,000.00) against the
Respondent for each violation of Sectibn
12(f) of the Act;
5.
Ordering the Respondent to pay all costs, pursuant to Section
42(f) of the Act,
including attorney, expert witness, and consultant fees expended by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate and just.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J. DUNN, Chief
Environmental
Enforcement/Asbestos Litigation Division
BY:
Environmental Bureau
Assistant Attorney General
OF COUNSEL
KATHERINE M. HAUSRATH
Assistant Attorney General
Environmental
Bureau
188 W. Randolph St.20th Floor
Chicago, Illinois 60601
(3
12) 8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *
CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this 21 day of December, 2006, the foregoing Complaint and Notice
of Filing upon the person listed on said notice, by certified mail.
~ATHERINE M. HAUS~YH
Assistant Attorney General
Environmental Bureau
188 West Randolph,
2oth Floor
Chicago, IL 60601
3 12-8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 21, 2006
* * * * * PCB 2007-049 * * * * *