1. NOTICE OF ELECTRONIC FILING
      2. NOTIFICATION
      3. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      4. CERTIFICATE OF SERVICE
      5. COMPLAINT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 08,
(Enforcement, Public
Municipal
Water Supply)
NOTICE OF ELECTRONIC FILING
TO:
Henry Mueller
Village
of Skokie
5127 Oakton St.
Skokie, IL 60077
PLEASE TAKE NOTICE that today,
May 9,2008, 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 Clerk's Office or an attorney.
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
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:
NANC
J. T
LS
Assistant Attorney enera
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-8567
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
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 May 9,2008.
BY:
-~
\)
J?/'
i)f~¥~----
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No.
(Enforcement- Public Municipal
Water Supply)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, VILLAGE
OF SKOKIE, an Illinois
municipal corporadon,
as follows:
COUNT I
CONSTRUCTION OF WATER MAINS AT THE OPTIMA OLD ORCHARD
DEVELOPMENT BY THE VILLAGE OF SKOKIE WITHOUT A PERMIT
1.
This Count 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
5/31 (2006).
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4(2006), and
is charged
inter alia
with the duty of
enforcing the Act.
1
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
3.
At all times relevant to this complaint, Respondent, Village Of Skokie ("VOS"),
was and is an Illinois municipal corporation, duly authorized and operating under the laws of the
State of Illinois.
4.
VOS has a population of approximately 63,348 residents and is located in Cook
County, Illinois.
At all times relevant to this complaint, VOS was the owner, operator, and legal
custodian of the Village of Skokie's public water supply, including
but not limited to the public.
water main and distribution system ("Skokie Water Supply").
5.
At all times relevant to this complaint, Optima, Inc., ("Optima") owned and
developed Optima Old Orchard Woods ("Optima Project"), located at Old Orchard Road and
Woods Drive, Skokie, Cook County, Illinois.
6.
The Optima Project included the installation and construction of 1034 linear feet
of water main within the Skokie Water Supply to service a three,building condominium
development totaling approximately 645 residential units.
7.
On or about December 14,2004, or a date better known to Respondent, VOS,
Optima submitted a construction permit application to the Illinois EPA ("Optima Project permit
application"). In its application, Optima requested a permit
for construction of
1034
linear feet
of water main to be installed on public property and connected to the Skokie Water Supply at
the Optima Project.
8.
On January 4 and 24, 2005, the Illinois EPA responded in writing to the Optima
Project permit application and requested that Optima submit additional information
for the
application, including but
not limited to the request for the signature of VOS, the legal custodian
of the Skokie Water Supply.
2
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
9.
In or about March, 2005, or a date better known to Respondent, VOS issued a
building permit to Optima
that approved site work including construction of water mains for the
Skokie
Water Supply.
10.
In or about March, 2005, or a date better known to Respondent, VOS, Optima
constructed 1034 linear feet of water main of the Skokie
Water Supply at the Optima Project.
11.
In or about June 2005, or a date better known to Respondent, VOS inspected and
approved the water main construction of the Skokie
Water Supply at the Optima Project.
12.
In correspondence dated September 13,2005 and October 24,2005 to Optima,
the Illinois EPA denied the Optima Project permit application
for incompleteness, including the
lack
of the signature ofVOS, the legal custodian of the Skokie Water Supply.
13.
The construction of a water main within the Skokie Water Supply is subject to
the
Act and Rules and Regulations promulgated by the Illinois Pollution Control Board
("Board") and the Illinois EPA.
The Board's regulations for public water supplies are found in
Title 35, Subtitle
F, Chapter I of the Illinois Administrative Code ("Board Public Water Supply
Regulations"), and the Illinois EPA rules and regulations
for public water supplies are found in
Title 35, Subtitle
F, Chapter II of the Illinois Administrative Code ("Illinois EPA Public Water
Supply Regulations").
14.
Section 18(a) of the Act, 415ILCS 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
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
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.
15.
Sections 3.145, 3.315, and 3.365
of the Act, 415 ILCS 5/3.145, 5/3.315, and
5/3.365 (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.
"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.
"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".
16.
Respondent,
VOS is a "person" as that term is defined in Section 3.315 of the
Act, 415 ILCS 5/3.315(2006).
17.
The Skokie Water Supply 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.
4
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
18.
Section 15(a) of the Act, 415 ILCS 5/15(a) (2006), provides as follows:
Owners of public water supplies, their authorized representative, 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.
19.
Section 602.101 (a) of the Board Public Water Supply Regulations, 35 Ill. Adm.
Code 602.101(a), provides
as follows:
No person shall cause or allow the construction of any new public water
supply installation or cause or allow the change of or addition to any
existing public water supply, without a construction permit issued by the
Environmental Protection Agency (Agency). Public water supply
installation, change, or addition shall
not include routine maintenance,
service pipe connections, hydrants and valves, or replacement of
equipment, pipe, and appurtenances with equivalent equipment, pipe, and
appurtenances.
20.
Section 652.101 (a) of the Illinois EPA Public Water Supply Regulations, 35 Ill.
Adm. Code 652.101(a), provides as follows:
Construction Permit Requirements
Construction permits shall be obtained by the official custodian of a
community water supply prior to beginning construction of any proposed
community water supply and prior to all alterations, changes or additions
to an existing community water supply which may affect the sanitary
quality, mineral quality or adequacy of the supply including changes
pursuant to 35
Ill. Adm. Code 653.115.
21.
By failing to submit construction permit applications with sufficient details or
supplemental data
as requested by the Illinois EPA, and by failing to obtain a permit from the
Illinois EPA
for the construction of water mains of the Skokie Water Supply at the Optima
Project prior to beginning construction
of the water mains, the Village of Skokie, the legal
5
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
custodian of the Skokie Water Supply, violated Sections 15 (a) and 18 (a) of the Act, 415 ILCS
5/15
(a) and 5/18(a) (2006), Section 602.101 (a) of the Board Public Water Supply Regulations,
35
Ill. Adm. Code 602.101 (a), and Section 652.101 (a) of the Illinois EPA Public Water Supply
Regulations, 35
Ill. Adm. Code 652.101 (a).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
. requests the Board enter an order against the Respondent, VILLAGE
OF SKOKIE:
1.
Authorizing a hearing in this matter at which time the Respondent, Village Of
Skokie, will be required to answer the allegations herein;
2.
Finding that the Respondent, Village Of Skokie, has violated Sections 15 (a) and
18(a) of the Act, 415 ILCS 5/15(a) and 5/18(a) (2006), Section 602.101(a) of the Board Public
Water Supply Regulations, 35 Ill. Adm. Code 602.101(a), and Section 652.101(a) of the Illinois
EPA Public
Water Supply Regulations, 35 Ill. Adm. Code 652.101(a);
3.
Ordering the Respondent, Village
Of Skokie, to cease and desist from any further
violations of Sections 15(a) and 18(a) of the Act, 415 ILCS 5/15(a) and 5/18(a) (2006), Section
602.101
(a) of the Board Public Water Supply Regulations, 35 Ill. Adm. Code 602.101(a), and
Section 652.101 (a) of the Illinois EPA Public
Water Supply Regulations, 35 Ill. Adm. Code
652.101(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the
Respondent, Village
Of Skokie, for each violation of the Act and pertinent regulations, and an
additional civil penalty
ofTen Thousand Dollars ($10,000.00) for each day of each violation;
6
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
5.
Ordering the Respondent, Village Of Skokie, to pay all costs, pursuant to Section
42
(f) of the Act, including attorney, expert witness, and consultant fees expended by the State in
pursuit
of this action; and
6.
Granting such
other relief as the Board deems appropriate and just
COUNT II
CONSTRUCTION OF WATER MAINS
AT SIENA AT OLD ORCHARD
DEVELOPMENT
BY THE VILLAGE OF SKOKIE WITHOUT A PERMIT
1-11. Complainant realleges and incorporates herein paragraphs 1 through 4 and 14
through.20
of Count I as paragraphs 1 through 11 of this Count II.
12.
At all times relevant to this complaint, GENTAX SKOKIE,
L.L.c.,
("Gentax")
owned and developed the commercial portion
of a mixed-use commercial and residential planned
unit development
at The Siena at Old Orchard Development ("Siena Project") located at 9340-
9408 Skokie Boulevard, Skokie, Cook County, Illinois.
13.
On or about January 20,2004, or a date better known to Respondent, VOS,
Gentax submitted a construction permit application to the Illinois EPA ("Gentax Project permit
application").
In its application, Gentax requested a permit to construct approximately 1,555
linear feet
of water main for the Skokie Water Supply at the Siena Project.
14.
On February 10 and July 9,2004, the Illinois EPA responded in writing to the
Siena Project permit application and requested
that Gentax submit additional information for the
application, including
but not limited to the signature of VOS, the legal custodian of the Skokie
Water Supply.
7
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
15.
In or about May, 2005, or a date better known to Respondent, VOS issued a
permit to Gentax
that approved site work including construction of water mains for the Skokie
Water Supply.
16.
In or about June, 2005, or a date better known to Respondent, VOS, Gentax
constructed 1555 linear feet of water main
for the Skokie Water Supply at the Siena Project.
17.
In or about July 2005, or a date better known to Respondent, VOS inspected and
approved the water main construction for the Skokie
Water Supply at the Siena Project.
18.
By failing to submit construction permit applications with sufficient details or
supplemental data
as requested by the Illinois EPA, and by failing to obtain a permit from the
Illinois EPA
for the construction of water mains of the Skokie Water Supply at the Siena Project
prior to beginning construction of the water mains, the Village
of Skokie, the legal custodian of
the Skokie Water Supply, violated Sections 15 (a) and 18(a) of the Act, 415 ILCS
5/15
(a) and
5/18(a)
(2006), Section 602.101(a) of the Board Public Water Supply Regulations, 35 Ill. Adm.
Code 602.101(a), and Section 652.101(a) of the Illinois EPA Public
Water Supply Regulations,
35 Ill. Adm. Code 652.101(a).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
requests the Board enter an order against the Respondent, VILLAGE
OF SKOKIE:
1.
Authorizing a hearing in this matter at which time the Respondent, Village Of
Skokie, will be required to answer the allegations hereinj
2.
Finding that the Respondent, Village Of Skokie, has violated Sections 15 (a) and
18(a) of the Act, 415 ILCS
5/15(a)
and 5/18 (a) (2006), Section 602.101 (a) of the Board Public
Water Supply Regulations, 35 Ill. Adm. Code 602.101 (a), and Section 652.101 (a) of the Illinois
EPA Public
Water Supply Regulations, 35 Ill. Adm. Code 652.101(a)j
8
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *
3.
Ordering the Respondent, Village Of Skokie, to cease and desist from any further
violations
ofSections 15(a) and 18(a) of the Act, 415 ILCS 5/15(a) and 5/18(a) (2006), Section
602.101(a) of the Board Public Water Supply Regulations, 35
Ill. Adm. Code 602.101(a), and
Section 652.101
(a) of the Illinois EPA Public Water Supply Regulations, 35 Ill. Adm. Code
652.101(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the
Respondent, Village
Of Skokie, for each violation of the Act and pertinent regulations, and an
additional civil penalty
of Ten Thousand Dollars ($10,000.00) for each day of each violation;
5.
Ordering the Respondent, Village
Of Skokie, to pay all costs, pursuant to Section
42 (f) of the Act, including attorney, expert witness, and consultant fees expended by the State in
pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
PEOPLE
OF THE STATE OF ILLINOIS
ex
rel.
LISA MADIGAN, Attorney General
of the State of Illinois
Of
Counsel:
NANCY]. TIKALSKY
Assistant Attorney General
Environmental Bureau
69 W. Washington, Suite 1800
Chicago,
IL
60602
(312)
814~8567
9
Electronic Filing - Received, Clerk's Office, May 9, 2008
* * * * * PCB 2008-088 * * * * *

Back to top