BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
)
PCB No.
)
v.
)
(Enforcement- PWS)
)
VILLAGE OF MERRIONETTE PARK, an Illinois
)
municipal corporation,
)
)
Respondent.
)
NOTICE OF ELECTRONIC FILING
TO:
Paul O'Grady, esq.
Querrey & Harrow
175 W. Jackson Blvd.
Suite 1600
Chicago, IL 60604-2827
PLEASE TAKE NOTICE that today, March 24, 2008, I have filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy of which is attached and hereby served upon you.
Pursuant to 35 Ill. Adm. Code 103.204(f), I am required to state that 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 Clerkâs Office or an attorney.
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental Facilities Financing Act (20 ILCS 3515/1
et seq
.) to correct the alleged pollution.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
________________________________
NANCY J. TIKALSKY
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-8567
Date: March 24, 2008
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
)
PCB No.
)
v.
)
(Enforcement- PWS)
)
VILLAGE OF MERRIONETTE PARK, an Illinois
)
municipal corporation,
)
)
Respondent.
)
CERTIFICATE OF SERVICE
I, Nancy J. Tikalsky, an Assistant Attorney General, do certify that a true and correct
copy of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the persons listed on the Notice of Filing on March 24, 2008.
BY:
____________________________
NANCY J. TIKALSKY
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF MERRIONETIE PARK, an Illinois )
municipal corporation,
)
)
Respondent.
)
PCB No.
(Enforcement' PWS)
COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES
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 ("Illinois EPA"), complains
of Respondent,
Village of Merrionette Park,
as follows:
COUNT I
DISTRIBUTING A PUBLIC WATER SUPPLY IN VIOLATION OF ITS PERMIT
1.
This count is brought on behalf of 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 EPA, pursuant to Section
31 of the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/31(2006).
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 (2006), and charged,
inter alia,
with the duty of enforcing the Act.
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
3.
At all times relevant to this complaint, Respondent, Village of Merrionette
Park ("Merrionette") has
been and is an Illinois municipal corporation in good standing
and duly authorized to do business in the State of Illinois. Merrionette'soffice is located
at 11720 South Kedzie Avenue, Merrionette Park, Cook County, Illinois.
4.
Merrionette
is owner and custodian of water storage tanks at a pump
station on lU
th
Street and Whipple Street, Merrionette Park, Cook County, Illinois.
("System")
5.
From prior
to 2002 through the filing of this Complaint, or a date or dates
better known to the Respondent, the System received water as finished Lake Michigan
water from
the City of Chicago, rechlorinated the water and discharged the water to a
distribution system.
The System has a storage capacity of 420,000 gallons and supplies
approximately 570 residential service connections
and 38 commercial service connections
through its distribution system.
6.
For
the System's triennial monitoring period, October 2002 through
September 2005, Merrionette was required to provide
the Illinois EPA with the samples
results obtained during
the period June 1,2005 through September 30, 2005, and tested
by a certified laboratory for
each lead and copper ("2005 Sample Results"). By October
2005, Respondent was required to submit 2005 Sample Results to the Illinois EPA.
7.
On November 18,2005, the Illinois EPA reviewed its records and issued a
Violation
Notice No. W-2005-0051O to Respondent for failing to submit, as required, the
2005 Sample Results. In its Violation Notice the Illinois EPA stated that the Respondent
could
meet compliance for monitoring each lead and copper for the System by submitting
2
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
10 samples results tested by a certified laboratory obtained during the period June 1,2006
through September 30, 2006 ("2006 Sample Results").
8.
On March 31,2006, in a Commitment letter from the Respondent,
Merrionette, to the Illinois EPA, the Respondent agreed to obtain and submit the
2006
Sample Results.
9.
On April II, 2006, in correspondence to Respondent, the Illinois EPA
accepted Respondent's Commitment Compliance Agreement to obtain and submit the
2006 Sample Results. Additionally, the Illinois EPA's correspondence required the 2006
Sample Results to be submitted by Respondent by October 10, 2006.
10.
On October 3,2006, the Illinois EPA sent a Compliance Schedule Update
Request to Respondent, reminding the Respondent
that its Compliance Commitment to
submit the
2006 Sample Results was coming due on October 10, 2006.
11.
In February 2007, after a review of its records, the Illinois EPA determined
that the 2006 Sample Results had not been submitted by Respondent as required by the
Commitment Compliance Agreement.
12.
On February 22,2007, the Illinois EPA mailed a Notice ofIntent to
Pursue Legal Action
on Violation Notice No. W,2005,00510 to Respondent.
13.
On or about October 2007, Respondent submitted 10 sample results for
lead and copper from the System and tested by certified laboratory to the Illinois EPA.
The samples were obtained from the System from June 1,2007 through September 30,
2007.
3
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
14.
From approximately June 1,2002 through September 30,2007, or on a
date or dates better known to Respondent, Respondent failed to submit sample results
for
lead and copper for the System to the Illinois EPA as required.
15.
Respondent's ownership and operation of the System are subject to the
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").
16.
Section 18(a) of the Act, 415 ILCS 5/18(a)(2006), provides as follows:
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.
17.
Sections 3.315,3.365, and 3.145
of the Act, 415 ILCS 5/3.315, 5/3.365,
and 5/3.145 (2006), respectively, provide the following definitions:
"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.
"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
4
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
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".
"COMMUNITY
WATER SUPPLY" means a public
water supply which serves or
is intended to serve at
least 15 service connections used by residents or
regularly serves at least
25 residents.
18.
Merrionette is a "person" as that term is defined in Section 3.315 of the
Act, 415 ILCS 5/3.315 (2006).
19.
The Merrionette is a "public water supply" ("PWS") and a "community
water supply"
as those terms are defined in Sections 3.365 and 3.145 of the Act, 415
ILCS 5/3.365 and 5/3.145 (2006), respectively.
20.
Section
19 of the Act, 415 ILCS 5/19(2006), provides as follows:
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.
5
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
21.
Section 611.356(d) of the Board Public Water Supply Regulations, 35 Ill.
Adm. Code 611.356(d), (Tap Water Monitoring for Lead and Copper), provides in
pertinent part:
d) Timing of monitoring.
1) Initial tap sampling.
The first six,month monitoring period for small,
medium'sized and large system suppliers must begin on
the dates specified in Table E of this Part.
***
B) All small, and medium'sized system suppliers
must monitor during each consecutive
six,month
monitoring period until the following is true:
***
ii) The supplier meets the lead action level
and the copper action level during each of
two consecutive
six,month monitoring
periods, in which case the supplier may
reduce monitoring in accordance with
subsection (d)(4)
of this Section.
*
4) Reduced monitoring.
*
*
*
*
*
A) Reduction to annual for small, and medium,
sized system suppliers meeting the lead and copper
action levels. A small, or medium,sized system
supplier
that meets the lead and copper action levels
during each
of two consecutive six,month
monitoring periods may reduce the number of
samples in accordance with subsection
(c) of this
Section, and reduce the frequency
of sampling to
once per year.
6
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
C) Reduction to triennial for small- and medium-
sized System suppliers.
i) Small- and medium-sized System
suppliers meeting lead and copper action
levels. A small- or medium-sized System
supplier
that meets the lead and copper
action levels during three consecutive years
of monitoring may reduce the frequency of
monitoring for lead and copper from
annually to once every three years.
**
*
22.
Section 611.350 of the Board Public Water Supply Regulations provides
the following definitions:
"Small system" means a water system
that regularly serves water to
3,300 or fewer persons.
"Monitoring period" means any
of the six-month periods of time
during which a supplier must complete a cycle
of monitoring under
this Subpart
G. BOARD NOTE: USEPA refers to these as
"monitoring periods." The Board uses "six-month monitoring
period" to avoid confusion with "compliance period,"
as used
elsewhere in this Part and defined at Section 611.101.
"Meet"
as this term is applied to either the lead or the copper
action level, means
that the 90
th
percentile level of the supplier's
samples collected during a six-month monitoring period
is less than
or equal to the action level for that contaminant.
"Action level" means
that concentration of lead or copper in water
computed pursuant to subsection
(c) of this Section that
determines, in some cases, the treatment requirements of this
Subpart G
that a supplier must complete. The action level for lead
is 0.015 mg/f,. The action level for copper is 1.3 mg/f,.
23.
By failing to submit sample results for lead and copper for the System as
required, from approximately June 1,2002 through September 30,2007, or dates better
7
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
known to Respondent, Respondent threatened the distribution ofwater from a public
water supply of such quality or quantity
as to be injurious to human health.
24.
By Respondent's actions and omissions, Respondent, Merrionette, violated
Sections 18(a) and
19 of the Act, 415 ILCS 5/18(a) and 19 (2006), and Section
61 1.356 (d)(4)(C)(i) of the Board Public Water Supply Regulations, 35 Ill. Adm. Code
611.356(d)
(4) (C) (i).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an Order against the Respondent, Village of
Merrionette Park:
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 Sections 18(a) and 19 of the Act,
415 ILCS 5/18(a) and
19 (2006), and Section 611.356(d)(4)(C)(i) of the Board Public
Water Supply Regulations,
35 Ill. Adm. Code 611.356 (d) (4) (C) (i);
c.
Ordering the Respondent to cease and desist from any further violations of
Sections 18(a) and
19 of the Act, 415 ILCS 5/18(a) and 19 (2006), and Section
611.356(d)(4)(C)(i) of the Board Public Water Supply Regulations, 35
Ill. Adm. Code
611.356(d)(4)(C)(i);
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000.00)
for each and every violation of the Act and pertinent regulations, with an
additional penalty of ten thousand dollars ($10,000.00)
for each day of violation;
8
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
E.
Ordering Respondent to pay all costs, pursuant to Section 42 (f) of the Act,
415 ILCS 5/42
(f) (2006), including, attorney, expert witness and consultant fees expended
by the State in its pursuit
of this action; and
F.
Granting such other relief as the Board deems appropriate and just.
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:~~~~
R S
E CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel:
Nancy
J. Tikalsky
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-8567
9
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF MERRIONETIE PARK, an Illinois )
municipal corporation,
)
)
Respondent.
)
PCB No.
(Enforcement- PWS)
CERTIFICATE OF SERVICE
I, Nancy J. Tikalsky, an Assistant Attorney General, do certify that a true and correct
copy
of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the persons listed on the Notice of Filing on March 24,2008.
BY:'
~r-",,--fl~9:/_
NA~Y J7fIitA~y
Electronic Filing - Received, Clerk's Office, March 24, 2008
* * * * * PCB 2008-055 * * * * *