RECEIVED
CLERK'S OFFICE
JUN 2 7 2008
STATE OF ILLINOIS
Pollution Control Board
Lisa Madigan
ATTORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
June 25, 2008
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. City of Coffeen
Dear Clerk:
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.
Very truly yours,
Ho an
,
...."Environmental
Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pk
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 • TTY: (312) 814-3374 • Fax: (312) 814-3806
1001
East Main, Carbondale, Illinois 62901 •
(618) 529
-
6400 • TTY: (618) 529
-6403 •
Fax: (618) 529-6416
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BEFORE THE ILLINOIS POLLUTION CONTROL BOA_R:
TA
L
T
E
E
R
K'SEIOFFICE
OF
Pollution Control 8
PEOPLE OF THE STATE OF?)
ILLINOIS,?
)
Complainant,?
)
vs.
?
)
)
?
?
PCB No.
(O."->-
)?
(Enforcement)
CITY OF
COFFEEN,?
)
an Illinois municipal corporation,?
1
1
Respondent
?
)
NOTICE OF FILING
To:?
City of Coffeen
d/b/a John E. Evans
Attorney at Law
106 E. Wood Street
Hillsboro, IL 62049
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 (2006), 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 Enfprcement/Asbestos
Litigationnivisiono
BY:
J&. 'Homan
Assistant Attorney General
I/ Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: June 25, 2008
2
CERTIFICATE OF SERVICE
I hereby certify that
I
did on June 25, 2008, 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:
?
City of Coffeen
d/b/a John E. Evans
Attorney at Law
106 E. Wood Street
Hillsboro, IL 62049
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
?
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
J.L. FVnan
As,s(itant Attorney General
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
VS.
?
PCB No.
nC6 4() .
(Enforcement)
RECEIVED
CLERK'S OFFICE
JUN 2 7 2008
P
Pollution
lution
ol
OF
Control
ILLINOISBoard
CITY
OF COFFEEN,
an Illinois municipal corporation,
Respondent.
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J. L. HOMAN,
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
tiyyuivision
BY:
\-54-
(L•Homaf(
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: June 25, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
JUN
2 7 2008
STATE OF ILLINOIS
Pollution Control Board
Complainant,
v.
CITY
OF COFFEEN,
an Illinois municipal corporation,
Respondent.
PCB NO. /)
(Enforcement)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, complains of Respondent, CITY OF COFFEEN,
as follows:
COUNT
I
NPDES REPORTING VIOLATIONS
1.
This Count is brought by the Attorney General on her own motion and at
the request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to
the terms and provisions of 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 in proceedings before the Illinois Pollution Control
Board ("Board").
3.
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS
5/31 (2006), after providing the Respondent with notice and the opportunity for a
meeting with the Illinois EPA.
4.
The Respondent, City of Coffeen ("Coffeen" or "City"), is a municipal
corporation in Montgomery County, Illinois. The City serves approximately seven
hundred six residents. The City maintains its own waste water treatment plant
(WWTP). Dale Nowlan is the mayor for the City and he may be reached at P.O. Box
496, Coffeen, Illinois 62017.
5.
The City operates its WWTP under the terms of National Pollutant
Discharge Elimination System ("NPDES") Permit Number ILG580243. The permit in
effect for most of the relevant period was issued on December 11, 2002, and effective
between January 1, 2003 and December 31, 2007. The permit has not been reissued
and the facility continues to operate under the terms and conditions of the previous
permit.
6.
On April 26, 2005, the Illinois EPA inspected the City's WWTP. The
inspector met with the plant operator, Steve Segrest.
7.
Section 12(a) and (f) of the Act, 415 ILCS 5/12(a)(f)(2006) provides as
follows:
No person shall:
(a) Cause or threaten or allow the discharge of any
contaminants into the environment in any State so as to
cause or tend to cause water pollution in Illinois, either alone
or in combination with matter from other sources, or so as to
violate regulations or standards adopted by the Pollution
Control Board under this Act.
-2-
(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, or in
violation of any NPDES permit filing requirement established
under Section 39(b), or in violation of any regulations
adopted by the Board or of any order adopted by the Board
with respect to the NPDES program.
8.
Section 305.102(b) of the Board's regulations, 35 Adm. Code 305.102(b)
provides as follows: "b)
?
Every holder of an NPDES (National Pollutant Discharge
Elimination System) permit is required to comply with the monitoring, sampling,
recording and reporting requirements set forth in the permit and this Chapter."
9.
The Respondents' NPDES Permit No. ILG580243 provides, in pertinent
part as follows:
SPECIAL CONDITION 8. The Permittee shall record monitoring results
on DMR forms using one such form for each discharge each month. In
the event that no discharge occurs during the monthly reporting period,
the DMR form shall be submitted with "no discharge" indicated. The
completed DMR form shall be submitted monthly to the IEPA, no later
than the 15' of the following month....
10.
The Respondents' NPDES Permit No. ILG580243 provides in
pertinent part as follows:
STANDARD CONDITION 12(d). Monitoring reports. Monitoring
results shall be reported at the intervals specified elsewhere in this
permit.
-3-
11.
The Respondent, City of Coffeen, has failed to submit the Discharge
Monitoring Reports (DMRs) as required by the NPDES permit, itemized as follows:
DMR
Due Date
Received Date
March 2003
4/15/03
Not received
April 2003
5/15/00
Not received
September 2005
10/15/05
Not received
October 2005
11/15/05
Not received
January 2006
2/15/06
Not received
February 2006
3/15/06
Not received
March 2006
4/15/06
Not received
April 2006
5/15/06
Not received
May 2006
6/15/06
Not received
June 2006
7/15/06
Not received
July 2006
8/15/06
Not received
August 2006
9/15/06
Not received
October 2007
11/15/07
Not received
November 2007
12/15/07
Not received
April 2008
5/15/08
Not received
May 2008
6/15/08
Not received
12.
The Respondent, City of Coffeen, has failed to timely submit the
Discharge Monitoring Reports as required by the NPDES permit, itemized as follows:
DMRs
Due Date
Received Date
May 2003
6/15/03
10/27/05
June 2003
7/15/03
10/27/05
July 2003
8/15/03
10/27/05
August 2003
9/15/03
10/31/05
September 2003
10/15/03
10/31/05
October 2003
11/15/03
10/31/05
November 2003
12/15/03
10/31/05
December 2003
1/15/04
10/31/05
January 2004
2/15/04
10/31/05
February 2004
3/15/04
10/31/05
March 2004
4/15/04
10/26/05
April 2004
5/15/04
10/26/05
May 2004
6/15/04
10/26/05
June 2004
7/15/04
10/31/05
July 2004
8/15/04
10/31/05
August 2004
9/15/04
10/31/05
September 2004
10/15/04
11/3/05
October 2004
11/15/04
11/3/05
November 2004
12/15/04
11/3/05
December 2004
1/15/05
11/3/05
January 2005
2/15/05
11/3/05
February 2005
3/15/05
11/3/05
March 2005
4/15/05
11/3/05
April 2005
5/15/05
11/3/05
May 2005
6/15/05
11/3/05
June
2005
7/15/05
11/3/05?
■
DMRs
Due Date
Received Date
July 2005
8/15/05
11/3/05
August 2005
9/15/05
11/3/05
November 2005
1/15/05
1/11/07
December 2005
1/15/05
1/11/07
September 2006
10/15/06
1/11/07
October 2006
11/15/06
1/11/07
December 2006
1/15/07
1/11/07
November 2006
12/15/06
1/11/07
January 2007
2/15/07
4/18/07
August 2007
9/15/07
12/27/07
September 2007
10/15/07
12/27/07
December 2007
1/15/08
2/6/08
January 2008
2/15/08
3/5 /08
February 2008
3/15/08
5/14/08
March 2008
4/15/08
5/15/08
13.
From at least April 2003 until the present day, the Respondent has failed
to submit or to timely submit some DMRs as required by Special Condition 8 and
Standard Condition 12(d) of the NPDES Permit in violation of 35 III. Adm. Code
305.102(b).
14. By violating 35 III. Adm. Code 305.102(b), Respondent has violated
Section 12(a) and (f) of the Act, 415 ILCS 5/12(a)(f)(2006).
15.
These violations have occurred repeatedly since at least April 2003.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
-6-
respectfully request that the Board enter an order against the Respondent, CITY OF
COFFEEN:
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 the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of
the Act and associated regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000) for each violation of the Act, and an additional penalty of ten thousand dollars
($10,000) for each day during which each violation has continued thereafter;
E.
Awarding to Complainant its costs and reasonable attorney's fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT
II
FAILURE
TO
SAMPLE
1.
This Count 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.
Plaintiff realleges and incorporates herein by reference paragraphs 2, 4-
12 of the above Count I as paragraphs 2-11 of this Count II.
12.
?
According to the DMRs eventually received by the Illinois Environmental
Protection Agency, the Respondent failed to collect samples as listed below:
DATE
INFLUENT SAMPLE
EFFLUENT SAMPLE
August 2005
Not taken
July 2005
Not taken
June 2005
Not taken
May 2005
Not taken
April 2005
Not taken
March 2005
Not taken
Not taken
February 2005
Not taken
January 2005
Not taken
December 2004
Not taken
November 2004
Not taken
Not taken
October 2004
Not taken
September 2004
Not taken
August 2004
Not taken
July 2004
Not taken
June 2004
Not taken
Not taken
February 2004
Not taken
January 2004
Not taken
November 2003
Not taken
October 2003
Not taken
Not taken
August 2003
Not taken
December 2007
Not taken
13.
NPDES Permit No. ILG580243 provides, under "Effluent Limitations,
Monitoring, and Reporting," that "grab samples" will be taken once a month to ascertain
concentrations of various contaminants in the effluent stream.
14.
NPDES Permit No. ILG580243 states, under "Influent Monitoring and
-8-
Reporting," that "Influent BOD 5 and Suspended Solids shall be sampled at least once
per month as a composite sample.... Flows shall be reported as a monthly average and
daily maximum on the DMR's."
15.
By failing to take the required samples as listed above, the Respondent
has violated the terms of NPDES Permit No. ILG580243 and Section 305.102(b) of the
Board's regulations, 35 III.Adm. Code Section 305.102(b).
16.
By violating 35 III. Adm. Code 305.102(b), and its NPDES Permit,
Respondent has violated Section 12(f) of the Act, 415 ILCS 5/12(f)(2006).
17.
These violations have occurred repeatedly since at least August 2003.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully request that the Board enter an order against the Respondent, CITY OF
COFFEEN:
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 the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of
the Act and associated regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars
($50,000) for each violation of the Act, and an additional penalty of ten thousand dollars
-9-
($10,000) for each day during which each violation has continued thereafter;
E.
Awarding to Complainant its costs and reasonable attorney's fees; and
F.
Granting such other relief as the Board may deem appropriate.
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 Divis' n
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
J.L. Homan
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
?
G,
/2
5—/0
-10-
