BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE
OF
THE
STATE
OF
)
ILLINOIS,
)
SEP.23
2008
Complainant,
)
‘piTu’1
COflfroI
Board
vs.
)
PCB
No.
08-102
)
(Enforcement)
CITY OF
COFFEEN,
)
an
Illinois
municipal
corporation,
)
Respondent.
NOTICE
OF FILING
To:
John
E.
Evans
Attorney
at Law
McPhail
&
Evans,
P.C.
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
FIRSTAMENDED
COMPLAINT, a copy
of which
is attached
hereto
and
herewith
served
upon
you.
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
Divisiqn
1
BY
-
J-t.
1-Idman
Assistant
Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
2171782-9031
Dated:
September
19,
2008
1
CERTIFICATE
OF SERVICE
I hereby
certify
that I did on
September
19, 2008,
send
by
First Class
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
and
FIRST
AMENDED
COMPLAINT
To:
John
E.
Evans
Attorney at
Law
McPhail
& Evans,
P.C.
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
A copy
was
also
sent
by
First Class
Mail
with
postage
thereon
fUlly
prepaid
to:
Carol
Webb
Hearing
Officer
Illinois
Pollution
Control Board
1021
North
Grand
Avenue
East
Springfield,
IL 62794
J. L.
HOMAN
.Assistant
Attorney
General
This filing
is
submitted
on
recycled paper.
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
aP
PEOPLE OF THE STATE
OF
)
SEP
2
2OU8
ILLINOIS,
)
STAT
)
1OIItj
r’is
Complanant,
)
rcj
)
v.
)
PCB
NO.
08-102
)
(Enforcement)
CITY OF COFFEEN,
)
an Illinois municipal corporation,
)
)
Respondent.
)
FIRST AMENDED 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 REPORT!NG 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 al/a,
with the
duty of
enforcing the
Act
in proceedings before
the
Illinois
Pollution
Control
Board
(“Board”).
-1-
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
211,
Coffeen,
Illinois 62017.
5.
The
City
operates
its
WWTP
under the
terms of
National Pollutant
Discharge
Elimination
System
(“NPDES”)
Permit
Number
1LG580243.
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.
1LG580243
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”
indicted.
The
completed
DMR
form
shall
be
submitted
monthly
to
the
IEPA,
no
later
than
the 1 5
of
the
following
month....
10.
The
Respondents’
NPDES
Permit
No.
1LG580243
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
October2005
11/15/05
Not
received
January 2006
2/15/06
Not received
February 2006
3/15/06
Not received
March 2006
4/1 5/06
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
8/1 5/06
Not received
August
2006
9/15/06
Not received
January
2007
2/15/07
Not received
August 2007
9/15/07
Not received
September 2007
10/15/07
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:
-4-
DMRs
Due
Date
Received Date
May2003
6/15/03
10/27/05
June2003
7/15/03
10/27/05
July2003
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
January2004
2/15/04
10/31/05
February
2004
3/15/04
10/31/05
March2004
4/15/04
10/26/05
April2004
5/15/04
10/26/05
May 2004
6/15/04
10/26/05
June2004
7/15/04
10/31/05
July2004
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
January2005
2/15/05
11/3/05
February
2005
3/15/05
11/3/05
March2005
4/15/05
11/3/05
April2005
5/15/05
11/3/05
May2005
6/15/05
11/3/05
June2005
7/15/05
11/3/05
-5-
DMRs
Due Date
Received Date
July2005
8/15/05
11/3/05
August2005
9/15/05
11/3/05
November2005
1/15/05
1/11/07
December 2005
1/15/05
1/11/07
September 2006
10/15/06
1/11/07
October2006
11/15/06
1/11/07
December2006
1/15/07
1/11/07
November
2006
12/15/06
1/11/07
December
2007
1/15/08
2/6/08
January2008
2/15/08
3/5/08
February 2008
3/15/08
5/14/08
March 2008
4/1 5/08
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 Ill. Adm. Code
305.102(b).
14.
By
violating
35
Ill. 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.
V
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:
-6-
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.
Complainant
realleges
and
incorporates
herein
by
reference
paragraphs
2,
4-12
of
the
above
Count
I
as
paragraphs
1-10
of this
Count
II.
11.
This Count
is
brought
by
the
Attorney
Genera
I 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).
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
—7-
July2005
Not taken
June2005
Nottaken
May2005
Not taken
April 2005
Not taken
March 2005
Not taken
Not
taken
February 2005
Not taken
January2005
Not
taken
December 2004
Not taken
November 2004
Not taken
Not taken
October
2004
Not
taken
September
2004
Not
taken
August
2004
Not
taken
July2004
Not
taken
June2004
Nottaken
Nottaken
February
2004
Not
taken
January
2004
Not
taken
November 2003
Not taken
October
2003
Not taken
Not
taken
August 2003
Not
taken
13.
NPDES Permit
No.
1LG580243
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. 1LG580243
states,
under
“Influent Monitoring
and
Reporting,”
that
“Influent
BOD
5and
Suspended
Solids shall be
sampled at least
once
per
month
as
a
composite
sample....
Flows
shall
be
reported as a
monthly average
and
-8-
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. 1LG580243
and Section
305.102(b)
of the
Board’s
regulations,
35
lll.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
5112(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 maffer
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.
-9-
COUNT
III
REPORTING VIOLATIONS
1.
Complainant realleges and incorporates herein by reference paragraphs
2, 4-12
of
the
above Count
I
as
paragraphs 1-10 of this
Count
Ill.
11.
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).
12.
Section 18 of the
Act, 415 ILCS 5/18(2006)
provides
in
pertinent part
as
follows:
(a)
No person shall:
*
*
*
(2) violate
regulations or standards adopted
by
the Agency pursuant to
Seôtion 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.
*
*
*
13.
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.
14.
Section
611.831 of the Board’s Public
Water Supplies Regulations, 35 Ill.
-10-
Adm. Code 611.831, provides
as
follows:
Within
30 days following the last
day of the month, each CWS supplier
must
submit a monthly operating report
to the Agency on forms provided
or approved
by the Agency.
15.
Section
653.605 of the Board’s Public
Water
Supplies
Regulations, 35 Ill.
Adm. Code 653605, provides
as follows:
a)
A
copy
of the daily operating
report records signed by the certified
operator or registered person in responsible charge shall
be
submitted to the Illinois Environmental Protection Agency each
month
as
required
by 35
III.
Adm. Code 606.101. These operating
reports shall show:
1)
amount of water pumped;
2)
chlorine chemical used;
3)
amount of chlorine chemical fed;
4)
calculated chlorine dosage; and
5)
residual chlorine test
results.
b)
An individual set of records shall be
maintained
for each
installation when more than one source of
water with separate
chlorination
equipment is used.
c)
A
copy of
the daily operating report shall be maintained by the
official
custodian of the
community water supply.
18.
Following a review of its records, the
Illinois EPA discovered
that the
Respondent
failed to submit monthly operating reports
reflecting
the
daily amounts
of
chemicals fed and
volumes of water pumped for March 2008, April 2008, and May
2008.
19.
By
failing
to
submit monthly operating reports for the months of March,
April and May
2008, the Respondent has
violated Sections 18 and 19 of the Act, 415
-11-
ILCS 5/19 (2006) and Sections 611.831 and
653.605
of the Board’s Public Water
Supplies Regulations, 35 III. Adm.
Code
611.831
and
653.605 and therefore violated
Section
18
and 19 of the Act, 415 ILCS
5/18,
19(2006).
23.
These violations
have been committed
knowingly or repeatedly and will
continue unabated unless and until enjoined
by
this Court.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that this Court
grant
the following relief:
A.
Find that the CITY OF COFFEEN has violated
Sections 611.831 and
653.605 of the
Board’s
Public
Water Supplies Regulations, 35
III. Adm.
Code
611.831
and 653605, and
Sections 18 and 19 of the Act, 415 ILCS
5/18 and 19(2006);
B.
Permanently enjoin the Respondent from
further violations of the Act and
associated
regulatbns;
C.
Assess against the Respondent a
monetary penalty of up
to fifty thousand
dollars
($50,000)
for each violation and up to an
additional ten
thousand dollars
($1
0,000) for each day
that the violation has continued;
and
D.
Grant
such other and further relief as this Court
deems
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
-12-
Of Counsel
J.L. Homan
Assistant
Attorney General
500 South
Second
Street
Springfield,
Illinois 62706
21717829031
9%s
Dated:
/o
8’
-13-
Litigation
Division
BY:
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant
Attorney General