Lisa Madigan
A'1"l'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. Jalil "Jerry" Rizqallah
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
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
June 7, 2007
"y G
Stephen J . Janasie
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
SJJ/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 •
TTY: (217) 785-2771 • Fax : (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 • '1TY: (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 •
"FFY (618) 529-6403 • Fax: (618) 529-6416
RECEIVEDCLERK'S
OFFICE
JUN .1 2 2007
STATE OF
ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
JUN ,1 2 2007
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE
OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No.
(Enforcement)
JALIL "JERRY" RIZQALLAH, d/b/a
)
TIMBERLINE MOBILE HOME PARK,
)
Respondent .
)
NOTICE OF FILING
To:
Jalil Rizqallah
1848 Lincoln
Allegan, MI 49010
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 Enforcement/Asbestos
Litigation Division
BY:
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : June 7, 2007
2
STE
J . JANASIE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on June 7, 2007, 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: Jalil Rizqallah
1848 Lincoln
Allegan, MI 49010
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
Ste
Ja
sie
Assistant Attorney General
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF
)
ILLINOIS,
JUN
.1 2 2001
)
STATE OF IWNOIS
Complainant,
)
Pollution Control Board
vs.
)
(Enforcement)PCB
No.
b1
.M
JALIL "JERRY" RIZQALLAH, d/b/a
)
TIMBERLINE MOBILE HOME PARK,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, STEPHEN J .
JANASIE, Assistant Attorney General of the State of Illinois, hereby enters his appearance as
attorney of record
.
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 : June 7, 2007
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litig tion Divisi
BY:
STEPH
Environmental BureauIE
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RCLEecel
VIE
ICED
PEOPLE OF THE STATE OF ILLINOIS, )
JUN
. 1 2
2007
Complainant,
STATE OF ILLINOIS
)
Pollution Control
wardNO1S
v.
)
PCB No. D
(Enforcement)
JALIL "JERRY" RIZQALLAH,
)
d/b/a TIMBERLINE MOBILE
)
HOME PARK,
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, JALIL "JERRY" RIZQALLAH, d/b/a
TIMBERLINE MOBILE HOME PARK, as follows :
COUNTI
ARSENIC LIMIT EXCEEDANCES
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 ("Act"),
415 ILCS 5/31 (2006) .
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
(2006), and charged, inter alia,
with the duty of enforcing the Act in proceedings before the
Illinois Pollution Control Board ("Board") .
3.
Respondent, Jalil "Jerry" Rizgallah, d/b/a Timberline Mobile Home Park
("Rizqallah"), operates a "public water supply" as that term is defined under Section 3 .365 of the
Act, 415 ILCS 5/3
.364 (2006), 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 plants,
I
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" .
Rizqallah's
public water supply is a "community water supply" or "CWS" as that term is defined
under Section 3 .145 of the Act, 415 ILCS 5/3 .145 (2006) .
4.
Rizqallah's water supply is located in the Village of Goodfield, Woodford County,
Illinois .
5.
Section 18(a) of the Act, 415 ILCS 5/18(a) (2006), 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 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
Protection Act [415
ILCS 5] (Act), the Pollution Control Board (Board) Rules, and 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 .
7.
"Maximum contaminant level" or "MCL" is defined at Section 611
.101 of the
Board's Public Water Supplies Regulations, 35 Ill . Adm. Code 611 .101, as "the maximum
permissible level of a contaminant in water that is delivered to any user of a public water
2
supply ."
8.
Section 611 .121 (a) of the Board's Public Water Supplies Regulations, 35 III .
Adm. Code 611 .121(a), provides that :
Maximum Contaminant Levels : No person may cause or allow water that
is delivered to any user to exceed the MCL for any contaminant .
9.
Section 611
.301 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code 611 .301, provides, in pertinent part :
Revised MCLs for Inorganic Chemical Contaminants
b.
The MCLs in the following table apply to CWSs . Except for fluoride, the
MCLs also apply to NTNCWSs . The MCLs for nitrate, nitrite, and total
nitrate and nitrite also apply to transient non-CWSs .
Arsenic (effective January 23, 2006): 0
.010 mg/I
10 .
The Illinois EPA determines compliance with the Arsenic MCL through a running
annual average for arsenic
('RAA"), reported quarterly and derived from Defendant's arsenic
samples taken at Tap 01 of the mobile home park's water supply
.
11 .
In the third quarter of 2006, Rizqallah's RAA was 0
.031 mgll .
12.
In the fourth quarter of 2006, Rizqallah's RAA was 0
.024 mg/I
.
13
.
In the first quarter of 2007, Rizqallah's RAA was 0 .025 mg/I
.
14
.
In the second quarter of 2007, Rizqallah's RAA was 0 .026 mg/I.
15.
Rizqallah has knowingly allowed the distribution of water with levels of arsenic
exceeding the standard in 35 III . Adm
. Code 611 .301(b), thereby violating Section 611
.121 (a) of
the Board's Public Water Supplies Regulations 35 III. Adm . Code 611
.121(a), thereby violating
Section 18 of the Act, 415 ILCS 5/18 (2006) .
3
16 .
These presently alleged violations constitute repeated violations pursuant to
Section 42(f) (2006), and Complainant is authorized to seek attorney's fees and costs .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, JERRY RIZQALLAH, d/b/a
TIMBERLINE MOBILE HOME PARK :
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) (2006), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2006), award Complainant
its costs in this matter, including reasonable attorney's fees ; and
E.
Grant such other and further relief as the Board deems appropriate
.
4
Of Counsel:
Stephen J. Janasie
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : June 6, 2007
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:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
