NOTICE OF FILING
COMPLAINT
FAILURE TO OBTAIN A CONSTRUCTION PERMIT
CERTIFICATE OF SERVICE

RECEIVED

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

nrT

PEOPLE OF THE STATE OF ILLINOIS,

)

U’...

-‘

STATE OF

1 LLINOIS

Complainant,

)

Pollution Control Board

vs.

)

PCB No.

06-

)

(Enforcement

PWS)

STS CONSULTANTS, LTD.,

)

a Delaware corporation,

)

Respondent.

)

NOTICE OF FILING

TO:

Ronald P. Palmieri,

P.E.

CT Corporation Systems

Regional Vice President

208

S. LaSalle Street

STS Consultants, Ltd.

Suite 814

750

Corporate Woods Parkway

Chicago, Illinois 60604-1101

Vernon Hills, Illinois

60061-3153

PLEASE

TAKE NOTICE that I have today filed with the Office of the Clerk ofthe

Illinois Pollution Control Board a Complaint, Notice ofFiling,

and

a Certificate ofService on

behalfofthe People ofthe State ofIllinois,

a copy of which is attached and herewith served upon

you.

Section

103.204(1) ofthe Pollution Control Board Procedural Rules,

Ill. Adm.

Code

103.204(1) 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 ofthis proceeding.

Ifyou have any questions

about this procedure,

you should contact the hearing officer assigned to this proceeding, the Clerk’s

Office or an

attorney.”

Respectfully submitted,

PEOPLE OF THE STATE OF

ILLINOIS

LISA MADIGAN

Attorney General

State ofIllinois

BY:

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau North

188

Randolph

St., 20th FIr.

Chicago, IL 60601

DATE:

October 5,2005

(312) 814-3816

(1\Enviromnental

Enforcement\Z

BEREKET-AB\STS

Consultants

Notie~of

Piling

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RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERKS

OFFICE

OCT

052005

PEOPLE OF

THE STATE OF

ILLINOIS,

)

STATE OF ILLINOIS

Pollution Control

Boaro

Complainant,

)

r(a

)

PCBNo.VW

)

(Enforcement

Public Water Supply)

STS CONSULTANTS, LTD.,

)

a Delaware corporation,

)

Respondent.

)

COMPLAINT

NOW COMES THE Complainant,

PEOPLE OF THE

STATE OF ILLINOIS, by LISA

MADIGAN, Attorney General of the State ofIllinois, and complains ofRespondent,

STS

CONSULTANTS, LTD., as follows:

COUNT I

FAILURE TO OBTAIN

A CONSTRUCTION PERMIT

This complaint

is brought on behalf ofthe People ofthe State of Illinois, by LISA

MADIGAN, Attorney General ofthe State ofIllinois,

against STS CONSULTANTS LTD, on

her own motion and at the request ofthe Illinois Environmental Protection

Agency pursuant to

Section

31 ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31(2004)

The Illinois Environmental Protection Agency (“Illinois

EPA”) is an

administrative agency established in the executive branch ofthe State government by Section

of the Act, 415

ILCS

5/4 (2004), and charged,

inter alia,

with the duty of enforcing the Act.

At all times relevant to this Complaint, Respondent,

STS Consultants,

Ltd.

(“STS”) is a Delaware corporation authorized to transact business in the State ofIllinois and in

good standing.

The principal place ofbusiness for STS

is located at 750 Corporate Woods

Parkway, Vernon Hills,

Illinois 60061-3153.

Respondent,

STS

acted as Home Depot’s engineer during the construction ofthe

new Home Depot store number 1989, located on 143~Street and Bell Road,

Homer Township,

Will County, Illinois (“construction site” or “project”).

As the consulting engineer, STS

developed engineering plans, potable water installation plans and completed necessary permit

application forms for development work at the construction site.

On August 21, 2003,

STS,

on behalfof Home Depot prepared and signed a

construction permit application for the installation of a water main extension to serve the new

Home Depot store.

Home Depot signed the permit application

on August 22,2DQ3~and

the

application was submitted by STS to the Illinois EPA on August 31,

2003.

On September

2003,

the Illinois EPA inspected the construction site and

discovered that the potable water main had already been constructed prior to the issuance ofthe

required construction permit.

On September

17,

2003,

STS submitted, to

the Illinois EPA, after the fact, “As-

Built” Plans and

specifications for the water main extension at the construction site.

On October

1, 2003, the Illinois EPA issued to

Home Depot

“As-Built” Plans

Construction Permit No.

043 1-FY2004.

Section

15(a)

ofthe Act,

415 ILCS

5/15(a)

(2004), titled, Plans and

Specifications; Demonstration of Capability, provides as follows:

(a)

Owners ofpublic water supplies, their authorized representative, or legal

custodians, shall

submit plans and specifications to the Agency and obtain

written approval before construction ofany 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 ofthe public water supply; and, where

-2-

necessary,

said plans and

specifications shall be

accompanied by

supplemental data as may be

required by the Agency to

permit a complete

review thereof.

10.

Section 602.101(a) ofthe Board

Public Water Supply Regulations,

35 Ill.

Adm.

Code 602.101, titled, Construction Permit, provides as follows:

No person shall cause or allow the construction of any new public water supply

installation or cause or allow the change ofor addition to

any existing public

water supply, without a construction permit issued by the Agency.

Public water

supply installation, change, or addition shall not include routine maintenance,

service pipe connections, hydrants and valves, or replacement ofequipment, pipe,

and appurtenances with equivalent equipment, pipe, and

appurtenances.

11.

Section 3.315 ofthe Act, 415 ILCS 5/3.315 (2004), defines person 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, ortheir legal

representative, agent or assigns.

12.

STS, a limited liability company, is a person as that term is defined in

Section

3.315 ofthe Act, 415

ILCS

5/3.315

(2004).

13.

At all times relevant to this

Complaint, Home Depot was the owner ofthe public

water supply system and STS as Home Depot’s engineer and Home Depot’s authorized

representative or legal

custodian prepared site engineering and water main extension plans and

specifications and submitted them to the Illinois EPA.

14.

Section 3.365 ofthe Act, 415

ILCS

5/3.365

(2004), defines public water supply as

follows:

“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 plans, reservoirs,

storage

tanks and

appurtenances, collectively or severally,

actually used orintended for

use for the purpose offurnishing water for drinking or general domestic

use and

-3-

which serve at least

service connections or which regularly serve at least

persons at least 60 days per year.

A public water supply is either a “community

water supply” or a “non-community water supply”.

15.

Section 3.145 ofthe Act, 415 5/3.145(2004),

defines communitywater supply as

follows:

“COMMUNITY WATER SUPPLY”

means a public water supply which serves or

intended to serve at least

15 service connections used by residents or regularly

serves at least 25

residents.

16.

The water mains at issue are a public water supply, as the mains are structures

through which water is obtained and distributed to the public and

as it serves more than

service connections which regularly serve more than 25 persons

as defined in

Sections 3.365

and

3.145

ofthe Act, 415

ILCS

5/3.365

and 3.145

(2004).

17.

Respondent STS, as the authorized representative ofthe owner ofthe public water

supply system, and

as signatory of the construction permit application, caused or allowed the

construction or installation of 88

feet of 6-inch water main and

2,303

linear feet of 10-inch water

main extension at the construction site without first obtaining

a construction permit or written

approval from the Illinois EPA.

18.

By causing orallowing the installation of a water main at the construction site

without

first obtaining a construction permit or written approval from the Illinois EPA,

Respondent STS violated Section

15(a) ofthe Act, 415

ILCS

5/15(a) (2004), and 35

Ill. Adm.

Code 602.101(a).

WHEREFORE, Complainant, PEOPLE

OF THE STATE OF

ILLINOIS, respectfully

requests that the Board enter an order against Respondent STS and in favor ofComplainant:

-4-

Authorizing a hearing in this matter

at which time Respondent STS will be

required to answer the allegations herein;

Finding that Respondent STS has violated Section

15(a) of the Act and

III.

Adm.

602.101(a);

Ordering Respondent STS to

cease and desist

from any further violations of

Section

15(a) ofthe Act and 35

Ill. Adm.

Code 602.101(a);

Assessing against Respondent STS a civil penalty ofFifty Thousand Dollars

($50,000.00) for each and every violation of the Act and Board regulations, with an additional

civil penalty ofTen Thousand

Dollars ($10,000.00) per day for each day ofeach violation;

Taxing all costs in this action, including attorney,

expert witness and consultant

fees, against the Respondent; and

Granting such other relief as the Board

deems appropriate and just.

PEOPLE OF THE

STATE OF ILLINOIS

LISA MADIGAN,

Attorney General

State ofIllinois

MATTHEW J. DUNN, Chief

Environmental

Enforcement/

Asbestos Litigation Division

By:

ROSEMARIE CAZEA

Chief

Environmental Bureau

rth

Assistant Attorney General

Counsel:

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau North

188

West Randolph Street, 20tl~Floor

Chicago, Illinois 60601

(312) 814-3816

(312) 814-2347

fax

k\o.gfile\Common\Esvironmcnt,t

Enforcement\Z HEREKET-AB\STS Consultants

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CERTIFICATE OF SERVICE

I, the undersigned,

certify that I have served the attached Complaint, Notice ofFiling,

and

Certificate ofService via United States Postal

certified mail

upon the following person:

Ronald P. Palmieri, P.E.

Regional Vice President

STS Consultants, Ltd.

750 Corporate Woods Parkway

Vernon Hills,

Illinois 60061-3153

CT Corporation Systems

208

LaSalle Street

Suite 814

Chicago, Illinois 60604-1101

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

188 W. Randolph

St., 20th Flr.

Chicago, Illinois 60601

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BEREKET-AB\STS Consultant Curt ofSer

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