BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS, }
LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
vs.
)
)
VILLAGE OF ROCKTON,
)
an Illinois municipal,
)
)
Respondent.
)
PCB No. 09-
(Enforcement - Water)
NOTICE OF FILING
TO:
Dale Adams
Village President
Village
of Rockton
110 East Main Street
Rockton, Illinois 61072
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph Street, Ste. 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board a Complaint, Notice
of Filing, and a Certificate of Service on
behalf
of the People of the State of Illinois, a copy of which is attached and herewith served upon
you.
Section 103.204(f)
of the Pollution Control Board Procedural Rules, 35 Ill. Adm. Code
103.204(f) provides: "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,
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
you should contact the hearing officer assigned to this proceeding, the Clerk's Office or an
attorney."
BY:
DATE: April 30, 2009
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
69 W. Washington St.,
18t~
FIr.
Chicago, IL
60602
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
ex rei.
LISA MADIGAN, Attorney
)
General
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF ROCKTON,
)
an Illinois municipal corporation,
)
)
Respondent.
)
No.
PCB No. 09-
(Enforcement - Water)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex reI.
LISA MADIGAN,
Attorney General
of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, complains
of Respondent, VILLAGE OF ROCKTON, an
Illinois municipal corporation, as follows:
COUNT I
CAUSE, THREATEN OR ALLOW WATER POLLUTION
1.
This Complaint is brought on behalf of the PEOPLE OF THE STATE OF
ILLINOIS
ex rei.
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 Illinois 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 charged,
inter alia,
with the duty of
enforcing the Act. The Illinois EPA is further charged with the duty to abate violations of the
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
National Pollutant Discharge Elimination System (uNPDES") Permit Program under the Federal
Clean Water Act ("CWA"),
33 U.S.c. ยง1342(b)(7).
3.
At all times relevant to the Complaint, Respondent, Village of Rockton
(URockton"), was and is an Illinois municipal corporation duly incorporated under the Illinois
Municipal Code,
65 ILCS 5/1-1-3 (2006). Rockton is located twelve miles north of Rockford,
Illinois in Winnebago County and has a population
of 5,296.
4.
Rockton owns and operates a waste water treatment plant
("WWTP") located at
718 West Union Street, Rockton, Illinois, Winnebago County, which operates under NPDES
Permit No.
IL0030791. The NPDES permit was issued on September 19, 2004, and will expire
on September
30,2009. The WWTP operations include a lift station-River Street lift station
located along the Rock River in Rockton.
5.
The River Street lift station pumps untreated sewage from local residents to
Rockton's WWTP. The receiving waters for Rockton's effluent discharge is the Rock River.
6.
On July 23,2007, the Illinois EPA Bureau of Water, Rockford Regional Office
received a complaint from an employee of the Rockton hydroelectric plant ofa sewage dIscharge
to the Rock River from the River Street lift station.
7.
The Complainant had in tum received a discharge report from a fisherman who
had been boating on the Rock River. The Illinois EPA also received a report about the discharge
of sewage from the Chief Operator of the Rockton WWTP.
8.
On July 23,2007, the Illinois EPA inspected both the Rockton hydroelectric plant
and the River Street lift station.
2
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
9.
The Illinois EPA observed wet paper, fecal matter and other sewage debris below
the 8-inch diameter bypass overflow on the bank
ofthe Rock River at the base of the lift station
overflow discharge point.
10.
The Illinois EPA also observed that the pumps at the River Street lift station were
plugged with discarded clothing that wound around the pump impellors making the pumps
ineffective. The conduit for the telephone line for the automatic alarm dialer system had also
been damaged and the line disconnected thereby making the telephone alarm system inoperable.
The lift station had no fencing around it to limit access to the equipment.
11.
On July 26, 2007,the Illinois EPA re-inspected the lift station and observed that
the pumps had been cleaned and restored to full service and that the alarm system telephone line
had been reinstalled in a heavy pipe conduit as was the conduit for the float pumps. All four lift
station control floats were replaced with new floats.
12.
The Illinois EPA also observed that the alarm light and hom were moved and
reinstalled on a metal utility pole where they could be observed from the street and nearby
residence.
13.
On July 27,2007, the Illinois EPA received a written notice of noncompliance
from Rockton's engineers regarding the sewage discharge at the River Street lift station.
14.
On September 13,2007, the Illinois EPA sent to Rockton a Violation Notice
("VN") pursuant to Section 31(a)(1) ofthe Act, 415 ILCS 5/31(a)(I) (2006).
15.
On October 1,2007, Rockton responded to the VN and proposed its Compliance
Commitment Agreement
("CCA").
16.
On November 21,2007 the Illinois EPA rejected Rockton's CCA.
3
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
17.
On April 21, 2008, the Illinois EPA sent to Rockton a Notice of Intent to Pursue
Legal Action pursuant to Section 31(b)
of the
.
Act, 415 ILCS 5/31(b) (2006) .
18.
On June 17, 2008, the Illinois EPA met with Rockton to discuss the violations.
19.
Section 12(a) ofthe Act, 415 ILCS 5/12(a) (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.
20.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides as follows:
"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.
21.
Rockton, a municipal corporation, is a
"person" as that term is defined in Section
3.315
ofthe Act, 415 ILCS 5/3.315 (2006).
22.
Section 3.165 of the Act, 415 ILCS .5/3.165 (2006), provides as follows:
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor, or
any form
of energy, from whatever source.
23.
The untreated sewage which discharged into Rock River is a
"contaminant," as
that term is defined by Section 3.165 of the Act.
24.
Section 3.545 of the Act, 415 ILCS 5/3.545 (2006), provides as follows:
"WATER POLLUTION" is such alteration of the physical, thermal,
chemical, biological or radioactive properties
of any waters of the State, or
such discharge
of any contaminant into any waters of the State, as will or
likely to create a nuisance or render such waters harmful or detrimental or
injurious to public health, safety, or welfare, or domestic, commercial,
4
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
industrial, agricultural, recreational, or other legitimate uses, or to
livestock, wild animals, birds, fish, or other aquatic life.
25.
The raw, untreated sewage which discharged into Rock River constitutes
"water pollution," as that term is defined by Section 3.545 of the Act, 415 ILCS 5/3.545
(2006).
Act.
26.
Section
3.550 of the Act, 415 ILCS 5/3.550 (2006), provides as follows:
"WATERS" means all accumulations of water, surface and underground,
natural, and artificial, public and private, or parts thereof, which are
wholly or partially within, flow through, or border upon the State.
27.
Rock River is a water
of the State, as that term is defined in Section 3.550 of the
28.
By allowing untreated sewage to discharge into Rock River, a water
of the State,
Respondent caused, threatened or allowed the discharge
of a contaminant, untreated sewage, into
the environment.
29.
By causing, threatening or allowing the discharge
of untreated sewage,
"contaminants," to discharge into Rock River, a water of the State, Respondent caused,
threatened or allowed water pollution in Illinois, in violation
of Section 12(a) of the Act, 415
ILCS
5/12(a)(2006).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor
of Complainant and against Respondent with
respect to this Count
I:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
5
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
2.
Finding that Respondent has violated Section 12(a) of the Act, 415 ILCS
5/12(a)(2006);
3.
Ordering Respondent to cease and desist from any further violations of Section
12(a)
of the Act, 415 ILCS 5/12(a)(2006);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
Respondent for each violation
of Section 12(a) of the Act, 415 ILCS 5112(a) (2006), and an
additional civil penalty
ofTen Thousand Dollars ($10,000.00) per day for each day during which
Respondent continues to be in violation
of Section 12(a) of the Act;
5.
Ordering Respondent to pay all costs including attorney, expert witness and
consultant fees expended
by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT II
FAILURE TO PROVIDE A RELIABLE ALARM SYSTEM
1-29. Complainant realleges and incorporates by reference herein paragraphs 1 through
29
of Count I as paragraphs 1 through 29 of this Count II.
30.
Section 306.102(a) and (b) ofthe Illinois Pollution Control Board Water Pollution
Regulations,
35 Ill. Adm. Code 306.1 02( a) and (b), titled, Systems Reliability, provides as
follows:
a)
Malfunctions: All treatment works and associated facilities shall
be so constructed and operated as to minimize violations
of
applicable standards during such contingencies as flooding,
adverse weather, power failure, equipment failure, or maintenance,
through such measures as multiple units, holding tanks, duplicate
power sources, or such other measures as may be appropriate.
6
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
station.
b)
Spills: All reasonable
m~asures,
including where appropriate the
provision
of catchment areas, relief vessels, or entrapment dikes,
shall be taken to prevent any spillage
of contaminants from causing
water pollution.
31.
Rockton failed to provide a reliable alarm system to warn
of problems at the lift
32.
By failing to provide a reliable alarm system at the lift station, Rockton violated
35 Ill. Adm. Code 306.102(a) and (b) thereby, also violated Section 12(a) ofthe Act, 415 ILCS
5/12(a)
(2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests the Board enter an order in favor
of Complainant and against Respondent with respect to
this Count
II:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Finding that Respondent has violated Section 12(a) of the Act, 415 ILCS 5/12(a)
(2006), and 35 Ill. Adm. Code 306. 102 (a) and (b);
3.
Ordering Respondent to cease and desist from any further violations of Section
12(a) of the Act, 415 ILCS 5/12(a) (2006), and 35 Ill. Adm. Code 306.102(a) and (b);
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
Respondent for each violation of Section 12(a) of the Act, 415 ILCS 5/12(a) (2006), and 35 Ill.
Adm. Code 306.102(a) and (b), and an additional penalty ofTen Thousand Dollars ($10,000.00)
for each day during which Respondent continues to be in violation of Section 12( a) of the Act
and
35 Ill. Adm. Code 306.102(a);
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
5.
Ordering Respondent to pay all costs including attorney, expert witnesses and
consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
FAILURE TO CONTROL OVERFLOW
1-29. Complainant realleges and incorporates by reference herein paragraphs 1 through
29
of Count I as paragraphs 1 through 29 of this Count III.
30.
Section 306.304 of the Illinois Pollution Control Board Water Pollution
Regulations, 35
Ill.
Adm. Code 306.304, titled, Overflows, provides as follows:
Overflows from sanitary sewers are expressly prohibited.
31.
On July 23,2007, a sanitary sewer overflow occurred at the River Street lift
station in Rockton, Illinois, Winnebago County.
32.
By allowing sanitary sewer
to occur at the River Street lift station, Respondent
violated 35 Ill. Adm. Code 306.304, thereby also violating Section 12(a) of the Act, 415 ILCS
5/12(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests the Board
to enter an order in favor of Complainant and against Respondent with respect
to this Count
III:
1.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Finding that Respondent has violated Section 12(a) ofthe Act, 415 ILCS 5/12(a)
(2006), and 35
Ill.
Adm. Code 306.304;
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
3.
Ordering Respondent to cease and desist from further violations of Section 12(a)
of the Act, 415 ILCS 5/12(a) (2006), and 35 Ill. Adm. Code 306.304;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
Respondent for each violation
of Section 12(a) of the Act, 415 ILCS 5/12/(a) (2006), and 35 Ill.
Adm. Code
306.304 and an additional penalty ofTen Thousand Dollars ($10,000.00) for each
day each violation occurred;
5.
Ordering Respondent to pay all costs including attorney, expert witness and
consultant fees expended
by the State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
O(Counsel:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
69 West Washington
Street, Suite 1800
Chicago, Illinois 60602
(312) 814-3816
(312) 814-2347 - fax
PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
LISA MADIGAN, Attorney
General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
Assistant Attorney General
G:\Environmental Enforcement\Z BEREKET -AB\ Village of Rockton-Complaint 2-18-09.doc
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this
30
th
day of April, 2009, the.foregoing Complaint, Notice of Filing, and
Certificate
of Service, upon the persons listed on said Notice by placing same in an envelope
bearing sufficient postage with the
United States Postal Service located at 100 West Randolph
Street, Chicago, Illinois.
ZEMEHERET BEREKET-AB
G:\Environmental Enforcement\Z BEREKET-AB\CITGo\NOF&Cert 4-30-09.doc
Electronic Filing - Received, Clerk's Office, April 30, 2009
* * * * * PCB 2009-104 * * * * *
