~A~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
(~
FRK’5
OFNC~
PEOPLE OF THE STATE OF ILLINOIS,
DEC
10
1999
Complainant,
SiAfE
OF ILLINOIS
v.
)
POE
Pollution
Control Board
(Enforcement)
CITY OF JOLIET,
ILLINOIS,
Respondent.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on the lath day of December,
1999,
I
filed with the Clerk of the Illinois Pollution Control Board a
Complaint,
Stipulation and Proposal for Settlement and a Motion
to Request Relief From Hearing Requirement,
copies of which are
attached hereto and hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E.
RYAN
Attorney General of the
State of Illinois
BY:
_____________________________
MIKE MACI4OFF
/
Assistan~Attorney ~enera~/
Environmental Bureau
100 W. Randolph St.,
11th Fl.
Chicago,
Illinois 60601
(312)
814-2381
December 10.
1999
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Mr. John Knittle
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W.
Randolph Street
Suite 11-500
Chicago,
IL 60601
Mr. Jeffrey Plyman
Corporation Counsel
City of Joliet
150 W. Jefferson St.
Joliet,
Illinois 60432-4158
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
C~.Fr~’S
OFFrCE
PEOPLE OF THE STATE OF ILLINOIS,
DEC
10
1999
Complainant,
STAfE OF
ILLINOIS
PCB
~
Pollution
Control Board
(Enforcement)
CITY OF JOLIET,
ILLINOIS,
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E.
RYAN,
Attorney General of the State
of Illinois,
complains of
Respondent,
CITY OF JOLIET,
ILLINOIS,
as follows:
COUNT
I
CONSTRUCTING
PUBLIC WATER SUPPLY FACILITIES
WITHOUT A PERMIT
1.
This count is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by JAMES
E.
RYAN, Attorney General of the
State of Illinois, on his 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
(1998)
2.
The Illinois EPA is an agency of the State of Illinois,
created pursuant to Section
4
of the Act,
415 ILCS 5/4
(1998),
charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to this Complaint,
Respondent,
CITY OF JOLIET
(!~JolietTT) was an Illinois municipality located in
1
Will County,
Illinois.
4.
Respondent Joliet operates a public water supply that
serves approximately 90,000 people through approximately 28,000
direct service connections.
5.
Joliet obtains
its water from fifteen
(15)
wells.
6.
At sometime before July 22,
1998,
on a date better know
to Respondent,
Joliet completed construction of a well house with
treatment facilities
(Well House No.
15, Well l5D and the Drauden
Road Water Main)
7.
On July 22,
1998,
Joliet submitted to the Illinois EPA
an application for a construction permit for the well,
well house
and water main extension.
8.
Section 15 of the Act,
415 ILCS 5/15
(1998), provides
as follows:
Owners of public water supplies,
their authorized
representatives,
or legal custodian,
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.
9.
Section 3.28 of the Act,
415 ILCS 5/3.28
(1998),
provide the following definition:
2
Section
3.28
!!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 !Icommunity water
supply”
or a “non-community water supply”.
10.
Well House no.
15, Well 1SD and the Drauden Road Water
Main are all part of a “public water supply”
as that term is
defined
in Section 3.28 of the Act.
11.
Section 602.101(a)
of the Pollution Control Board~s
(TiBoard!!) Water Supply Regulations,
35
Ill. Adm.
Code 602.101(a),
provides,
in pertinent part,
as follows:
a.
No person shall cause or allow the construction of
any new public water supply installation or cause
or allow the change 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.
12.
Section 18(a)
of the Act,
415 ILCS 5/18(a) (1998),
provides,
in pertinent part,
as follows:
No person shall:
3
1.
Knowingly cause, threaten or allow the
distribution of water from any public water supply
of
such
quality
or
quantity
to
be
injurious
to
human health; or
2.
Violate regulations or standards adopted by the
Illinois
PCB
under
this
Act.
13.
Respondent constructed Well House No.
15, Well 15D and
the Drauden Road Water Main without
a
construction
permit
issued
by the Illinois EPA in violation of
35
Ill.
Adm.
Code 602.101(a)
14.
Respondent did not provide plans and specifications to,
and obtain written approval from the Illinois EPA prior to their
construction of Well House No.
15, Well
15D and the Drauden Road
Water Main in violation of Section 15 of the Act,
415 ILCS
s/is
(1998)
15.
By the actions described herein,
Respondent
has
violated Sections
15 and
18 of the Act, 415 ILCS 5/15,
18
(1998)
and 35
Ill. Adm.
Code 602.101(a).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
in
favor of Complainant and against Respondent on Count
I,
and:
1.
Authorizing
a
hearing
in
this
matter,
at
which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
2.
Finding that Respondent has violated Sections 15 and 18
of the Act and 35
Ill. Adm. Code 602.101(a);
3.
Ordering Respondent to cease and desist from any
4
further violations of Sections 15 and 18 of the Act and 35
Ill.
Adm.
Code 602.101(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against Respondent and an additional penalty of Ten
Thousand Dollars
($10,000.00)
for each day during which the
violations have occurred;
5.
Assessing all costs against Respondent,
including
expert witness,
consultant and attorney fees;
and
6.
Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E. RYAN,
Attorney General of the
State of Illinois,
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
By:
Of Counsel:
MIKE MACKOFF
Assistant Attorney General
Environmental Bureau
100 W. Randolph St.
-
11th Fl.
Chicago,
IL 60601
(312)
814-2381
Enviro:
Assistant Attorney General
5
OEFJCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
10
1999
PEOPLE OF THE STATE OF ILLINOIS,
s~cEOFILLINOIS
Pollution
Control Board
Complainant,
v.
)
PCB 00
(Enforcement)
CITY OF JOLIET,
ILLINOIS,
Respondent.
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW
COMES
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by JAMES E. RYAN, Attorney General of the State of Illinois,
and
requests relief from the hearing requirement
in the above
captioned matter.
In support thereof, the Complainant states as
follows:
1.
On December 10,
1999,
a Stipulation and Proposal for
Settlement
in this case was filed before the Board.
2.
Section
31
of
the
Environmental
Protection
Act,
415
ILCS
5/31
(1998)
(“Act”)
provides,
in
pertinent
part,
as
follows:
Notwithstanding
the
provisions
of
subdivision
(1)
of
this
subsection
(c),
whenever
a
complaint
has
been
filed on behalf of the Agency or by the People of the
State
of
Illinois,
the
parties
may
file
with
the
Board
a stipulation and proposal for settlement accompanied
by a request for relief for the requirement of a
hearing
pursuant
to
subdivision
(1)
.
Unless
the
Board,
in its discretion,
concludes that a hearing will be
held,
the Board shall cause notice of the stipulation,
proposal
and
request
for
relief
to
be
published
and
sent
in
the
same
manner
as
is
required
for
hearing
pursuant
to
subdivision
(1)
of
this
subsection.
The
notice shall
include a statement that any person may
file a written demand for hearing within 21 days after
receiving
the
notice.
If
any
person
files
a
timely
written demand
for hearing, the Board shall deny the
request for relief from
a hearing and shall hold a
hearing in accordance with the provisions of
subdivision
(1)
415 ILCS 5/31(c) (2) (1998)
3.
No
hearing
is
currently
scheduled
in
the
instant
case.
4.
The Complainant requests the relief conferred by
Section 31(c)
(2)
of the Act.
WHEREFORE,
the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by
JAMES
E.
RYAN,
Attorney.General
of
the
State
of
Illinois,
requests relief from requirement of a hearing pursuant to 415
ILCS
5/31
(c)
(2)
(1998)
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E.
RYAN,
Attorney General of the
State of Illinois
BY:
H
MIKE M~CKOFF
Assist nt Attorney General
Environmental
Bureau
100 W. Randolph St.
-
11th Fl.
Chicago,
Illinois
60601
(312)
814-2381
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
~b~E
CF
1~VED
PEOPLE OF THE STATE OF ILLINOIS,
)
CT
p
Complainant,
)
DEC
1
0
1999
STArE
OF ILLINOIS
v.
)
PCB
00—
Pollution
Control Board
(Enforcement)
CITY OF JOLIET,
ILLINOIS,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E.
RYAN,
Attorney
General
of
the
State
of
Illinois,
at
the
request
of
the
Illinois Environmental Protection Agency (collectively, the “State”),
and
Respondent,
CITY
OF
JOLIET,
ILLINOIS,
(“Joliet”),
do
hereby
agree
to
this
Stipulation
and
Proposal
for
Settlement
(“Agreement”)
.
The
parties
further
stipulate
that
this
statement
of
alleged
facts
is
made
and agreed upon for purposes of settlement only and that neither the
fact that
a party has entered into this Agreement,
nor any of the
alleged facts stipulated herein,
shall be introduced into evidence in
this
or
any
other
proceeding
except
to
enforce
the
terms
of
this
Agreement.
Notwithstanding the previous sentence,
this Stipulation
and Proposal for Settlement and any Illinois Pollution Control Board
(“Board”)
order
accepting
same
may
be
used
in
any
future
enforcement
1
action
by
Complainant
as
evidence
of
a
past
adjudication
of
the
Illinois Environmental Protection Act
(“Act”),
415 ILCS 5/1
et seq.
(1998),
for purposes of Section 42(h)
of the Act, 415 ILCS
5/42(h)
(1998).
This
Agreement
shall
be
null
and
void
unless
the
Board
approves and disposes of this matter on each and every one of the
terms
and
conditions
of
the
settlement
set
forth
herein.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Act,
415 ILCS
5/1
et seq.
(1998)
II.
AUTHORIZATION
The undersigned representative for each party certifies that
he or she is fully authorized by the party whom he or she
represents
to
enter
into
the
terms
of
this
Agreement
and
to
legally
bind
them
to
it.
III.
APPLICABILITY
This Agreement shall apply to and be binding upon the
Complainant
and
Respondent,
and
any
officer,
agent
and
employee
2
or servant of Respondent,
as well as Respondent’s successors and
assigns. Respondent shall not raise as a defense to any
enforcement action taken pursuant to this Agreement the failure
pf its officers,
agents,
servants or employees
to take such
action as shall be required to comply with the provisions of this
Agreement.
IV.
STATEMENT OF FACTS
A.
Parties
1.
The Attorney General of the State of Illinois brings
this action on his own motion and at the request of the Illinois
Environmental Protection Agency (“Illinois EPA”), and pursuant to
the statutory authority vested in him under Section 31 of the
Act,
415 ILCS 5/31
(1998)
2.
The Illinois EPA is an administrative agency in the
executive branch of the State government of Illinois, created
pursuant to Section 4 of the Act,
415 ILCS 5/4
(1998), and is
charged,
inter
alia,
with the duty of enforcing the Act.
3.
At all times relevant to Complainant’s Complaint,
Respondent,
Joliet,
was an Illinois municipality, located in Will
County,
Illinois.
3
4.
Respondent
Joliet
operates
a public water supply that
serves
approximately
90,000 people through approximately 28,000
direct
service
connections.
5.
Joliet obtains its water from fifteen
(15)
wells.
B.
Alleged Violations
1.
In its Complaint,
Complainant alleges the following
violations
of the Act:
Count
I:
Construction of public water supplies
facilities without
a permit,
in violation of Sections
15 and 18 of the Act,
415 ILCS 5/15,
and 5/18
(1998),
and 35
Ill.
Adm.
Code 602.101(a)..
2.
Defendant neither admits nor denies the alleged violations.
V.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section
33(c)
of the Act,
415 ILCS 5/33 (c) (1998)
,
provides as
follows:
In making its orders and determinations,
the Board shall
take into consideration all the facts and circumstances
bearing
upon
the
reasonableness of the emissions,
discharges,
or deposits involved including,
but not limited
to:
1.
the character and degree of injury to,
or interference
with the protection of the health,
general welfare and
physical property of the people;
2.
the social and economic value of the pollution source;
4
3.
the suitability or unsuitability of the pollution
source to the area in which it is located,
including
the question of priority of location in the area
involved;
4.
the technical practicability and economic
reasonableness
of reducing or eliminating the
emissions,
discharges
or deposits resulting from such
pollution
spurce;
and
5.
any subsequent compliance.
In response to these factors,
the parties state the following:
1.
Although human health and the environment were potentially
threatened by Respondent’s unpermitted construction of public water
supply facilities, there
is no evidence of actual negative impact to
the public resulting from Respondent’s alleged noncompliance.
2.
There
is social and economic benefit to the public water
supply facilities.
3.
The construction was suitable for
the area in which it
occurred.
4.
Obtaining a permit prior to the construction of public water
supply facilities
is both technically practicable and economically
reasonable.
5.
Respondent has subsequently complied with the Act, the Board
Regulations and applicable Federal regulations.
5
(
VI.
CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42(h)
of the Act,
415 ILCS 5/42(h) (1998)
,
provides as
follows:
In determining the appropriate civil penalty to be imposed
under
.
.
.
this Section, the Board is authorized to
consider any matters of record in mitigation or aggravation
of penalty, including but not limited to the following
factors:
1.
the
duration
and
gravity
of
the
violation;
2.
the
presence or absence of due diligence on the part
of the violator in attempting to comply with
requirements of this Act and regulations thereunder or
to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the violator because
of delay in compliance with requirements;
4.
the amount of monetary penalty which will serve to
deter further violations by the violator and to
otherwise aid in enhancing voluntary compliance with
this Act by the violator and other persons similarly
subject
to the Act; and
5.
the number, proximity in time,
and gravity of
previously adjudicated violations of this Act by the
violator.
In response to these factors, the parties state as follows:
1.
The Respondent is alleged to have failed to obtain a permit
prior to construction of public water supply facilities.
The
violations occurred during the summer of 1998.
6
r
2.
Respondent was not diligent in attempting to come back into
compliance with the Act, Board Regulations and applicable Federal
regulations.
3.
Any
economic benefit Respondents realized from their
noncompliance is unquantifiable but is believed to be nominal.
4.
Complainant has determined that
a penalty of Twenty Five
Thousand Dollars
($25,000.00)
will serve to deter further violations
and aid in future voluntary compliance with the Act and Board
regulations.
5.
To Complainant’s knowledge, Respondent has no previously
adjudicated violations of the Act.
VII.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a penalty in the sum of Twenty Five
Thousand Dollars
($25,000.00)
within thirty
(30)
days of the date the
Board adopts and accepts this Agreement.
The penalty described in
this Agreement shall be paid by certified check to the Treasurer of
the State of Illinois, designated to the Illinois Environmental
Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
7
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
The name and number of the case and Respondent’s Federal Employer
Identification Number
(FEIN),
36-6088568, shall appear on the check.
2.
Pursuant to Section 42(g)
of the Act,
415 ILCS 5/42(g)
(1998),
interest shall accrue on any payment not paid within the
time period prescribed above
at the maximum rate allowable under
Section 1003(a)
of the Illinois Income Tax Act,
35 ILCS 5/1003
(1998).
Interest on any unpaid payment shall begin to accrue
from the date the payment is due and continue to accrue until the
date payment
is received.
When partial payment(s)
are made,
such
partial payment shall be first applied to any interest on unpaid
payment then due and owing.
All interest on payment owed shall
be paid by certified check or money order, payable to the
Treasurer of the State of Illinois, designated to the
Environmental Protection Trust Fund and delivered to the address
described above.
3.
For purposes of
payment and collection, Respondent my be
reached at the following address.
8
City Manager
City of Joliet
150
W.
Jefferson St.
Joliet,
IL 60432
B.
Future Compliance
1.
In the
future,
Respondent
shall timely and properly obtain
Illinois EPA permits before construction of any public water supply
facilities.
2.
Prior to the construction of any public water supply
facilities or components, Respondent shall provide plans and
specifications to, and obtain written approval from the Illinois EPA.
3.
Respondents shall cease and desist from the unpermitted
construction of public water supply systems.
C.
Right of Entry
1.
In addition to any other authority,
the Illinois EPA,
its employees and representatives, the Illinois Attorney General,
and his/her agents and representatives, shall have the right
of
entry or access to the Respondent’s public water supply facility
which
was
the
subject
of
this
proceeding
at
all
reasonable
times,
for the purposes of conducting inspections.
In conducting any
inspection of the site,
the Illinois EPA,
its employees and
representatives,
the Attorney General, and his/her agents and
9
representatives,
may take any photographs or samples as they deem
necessary
in
order
to
conduct
their
inspection.
Copies
of
these
photographs and samples will be provided to Respondent upon written
request.
VIII.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This
Agreement
in
no
way
affects
the responsibility of the
Respondent to comply with any federal,
state or local regulations,
including but not limited to the Act,
415 ILCS 5/1
et seq.
(1998), and
the Board regulations,
35
Ill. Adm. code Subtitles
A through
H.
IX.
RELEASE FROM LIABILITY
In consideration of Respondent’s payment
of the penalty specified
herein,
and commitment to refrain from future violation of the Act,
Board Regulations and applicable federal regulations,
Complainant
shall
release,
waive
and
discharge
Respondent
and
its
officers,
agents,
servants,
employees,
successors and assigns
from any further
liability or penalties for the alleged violations
of the Act, and
Board Regulations which are the subject matter of the Complaint,
following
receipt
by
the
Complainant
of
all
monies
owing
pursuant
to
Section VII.l.
of this Agreement.
Nothing in this Agreement shall be
construed
as
a
waiver
by the Attorney General or the Illinois EPA of
the right to redress future violations,
if
any,
or to obtain penalties
with respect thereto.
10
WHEREFORE,
complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for Settlement
as written.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E.
RYAN,
Attorney General
State
of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbc~st-o,
Litigation Division
BY:
1~
DATE:
I
RO~E~4RIE
~ç~zEAu,
Chie
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:
~
1’
4L,&~_(~4,~$)
DATE:
JOSEP
E.
SVOBODA
General
Counsel
CITY OF JO
ET, ILLINOIS
BY:
~.
~
DATE:
DE~8~
,
( ~
T~:__
c:joliet2.doc
11
C
CERTIFICATE
OF SERVICE
I, MIKE MACKOFF,
an Assistant Attorney General
in this case,
do
certify
that
I
caused
to
be
mailed
this
10th
day
of
December,
1999 the foregoing Notice of Filing,
Complaint,
Request for
Relief from Hearing Requirement, and Stipulation and Proposal for
Settlement upon the person(s)
listed on said Notice by first
class mail in an envelope bearing sufficient postage with the
United States Postal Service located at 100 W. Randolph Street,
Chicago,
Illinois.
MIKE MP\CKOFF
