REC~IVED
CLERK’S OFFICE
JUN
9
2003
OFFICE OF THE ATTORNEY GENERAL
STATE
OF ILLINOIS
STATE
OF ILLINOIS
Pollution
Control Board
Lisa Madigan
ATTORNEY GENERAL
June
4, 2003
The Honorable Dorothy Gunn
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
-
Chicago,
Illinois 60601
Re:
People
v.
Village
of
Sims,
an
Illinois
municipal
corporation;
Followell
Construction Company, Inc., an Illinois corporation; and Lamac Engineering
Company,
an Illinois corporation
Dear Clerk Gunn:
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
original
and
return
a
file-stamped
copy
of
the
document
to
our
office
in
the
enclosed
self-
addressed,
stamped
envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
7~—~
~
/iane
E.
McBride
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
JEM/pp
Enclosures
500 South
Second Street, Springfield,
Illinois
62706
•
(217)
782-1090
•
‘rT’Y: (217)
785-2771
•
Fax: (217) 782-7046
100 West
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
ITY: (312) 814-3374
•
Fax: (312)
814-3806
1001
East Main, Carbondale,
Illinois
62901
•
(618) 529-6400
•
FTY: (618)
529-6403
•
Fax: (618)
529-6416
RECE~VE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
PEOPLE OFTHE STATE OF
)
JUN
92003
ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
“ollutton Control Board
vs.
)
PCB No. O~
)
(Enforcement)
VILLAGE OF SIMS, an
Illinois
)
municipal
corporation;
FOLLOWELL
)
CONSTRUCTION COMPANY, INC.,
)
an Illinois corporation;
and
LAMAC
ENGINEERING
COMPANY,
)
an Illinois corporation,
Respondent.
)
NOTICE OF FILING
To:
Mr.
Jay
H.
Fyie, Esq.
Mr. Richard
L.
Kline,
Esq.
Fyie
& Hawkins
Attorney for
Lamac Engineering
Co.
Attorneys for the Village of Sims
120
E.
Fifth Street
Box 279
P.O.
Box
Drawer 400
115
Northeast Third
Street
Mt.
Carmel,
IL 62863-0400
Fairfield,
IL 62837-0279
Mr. John S.
Brewster,
Esq.
Winters,
Brewster, Crosby
& Schafer
Attorneys for Followell Construction Company,
Inc.
111
West Main,
P.O.
Box 700
Marion,
IL
62959
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.
:i~
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities Financing Act, 20
ILCS 3515/1
(1994),
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 Enforcement/Asbestos
Litigation
Division
BY:
~
~
~-1-L
~—1ANE
E.
McBRIDE
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: June
4,
2003
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on June
4,
2003, 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:
Mr.
Jay H.
Fyie,
Esq.
Fyle
& Hawkins
Attorneys for the Village of Sims
Box 279
115 Northeast Third
Street
Fairfield,
IL 62837-0279
Mr.
Richard
L.
Kline,
Esq.
Attorney for Lamac Engineering Co.
120
E.
Fifth Street
P.O.
Box Drawer 400
Mt. Carmel,
IL 62863-0400
Mr. John
S.
Brewster, Esq.
Winters,
Brewster, Crosby
& Schafer
Attorneys for Followell Construction Company,
Inc.
111
West Main,
P.O.
Box 700
Marion,
IL 62959
and the original and ten copies by First Class Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution
Control Board
State of
Illinois Center
Suite
11-500
100 West Randolph
Chicago,
Illinois 60601
~~7~—1:
~
E.
McBride
Assistant Attorney General
This filing is submitted
on
recycled paper.
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
JUN
92003
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
•
STATE OF
ILLINOIS
Pollution Control Board
Complainant,
)
vs.
)
PCBNo.
~
)
(Enforcement)
VILLAGE OF SIMS,
an
Illinois
)
municipal
corporation;
FOLLOWELL
)
CONSTRUCTION COMPANY, INC.,
)
an Illinois corporation;
and
)
LAMAC
ENGINEERING
COMPANY,
)
an
Illinois corporation,
)
Respondents.
)
ENTRY OFAPPEARANCE
On behalf oftheComplainant, PEOPLE OFTHESTATEOFILLINOIS,JANE E.
McBRIDE,
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
Litigation Division
BY~~
~
~c~FNEE.
McBRIDE
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
L:’/’,’,4$
/
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RECEiVED
CLERK’S
OFFICE
PEOPLE OFTHE STATE OF
)
JUN
~
ILLINOIS,
)
.
~
2003
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
v.
)
PCBNO.O~’~
)
(Enforcement)
VILLAGE OF SIMS, an Illinois
)
municipal
corporation;
FOLLOWELL
)
CONSTRUCTION COMPANY, INC.,
)
an
Illinois corporation;
and
)
LAMAC
ENGINEERING
COMPANY,
)
an
Illinois corporation,
)
)
Respondents.
)
COMPLAINT
-
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
complains of Respondents,
VILLAGE
OF SIMS, an
Illinois
municipal corporation,
FOLLOWELL CONSTRUCTION
COMPANY, an
Illinois corporation,
and
LAMAC
ENGINEERING
COMPANY, an
Illinois
corporation,
as follows:
COUNT
I
WATER MAIN SEPARATION DISTANCE VIOLATIONS
1.
This Complaint 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
(2000).
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 (2000), and charged,
inter a/ia,
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 ofthe Act, 415 ILCS 5/31
(2000), after providing the Respondents with
notice and the opportunity for a meeting with the
Illinois EPA.
4.
Respondent Village of
Sims (hereinafter, the “Village”) is an
Illinois municipal
corporation located
in
the county of Wayne.
5.
Respondent Followell Construction Company,
Inc.
is an
Illinois corporation
in
good standing, located in
Marion, Williamson County,
Illinois.
Its registered agent is Ben
FoIlowell,
104 Water Tower Road,
P0 Box 756,
Marion,
IL 62959.
6.
Respondent Lamac Engineering
Company is an
Illinois corporation
in good
standing, located
in
Mount Carmel, Wabash
County,
Illinois.
Its registered agent is
Richard
L.
Kline,
120
E.
5th
Street,
Mount
Carmel,
IL 62863-21 20.
7.
Respondent Village owns and operates
a public water supply serving its
residents.
8.
Respondent Village’s public water supply serves approximately 421
consumers
through
161
direct connections.
The Village obtains water from the Wayne
City Public Water
Supply by way of a booster station,
located at the Wayne
City Water Treatment Plant.
9.
On or about April
14,
1997,
the
Illinois EPA issued Construction Permit No.
I 204-FY
1997 to the Village for the installation
of new water main
in the Village.
On or about
March 19,
1999, the Illinois EPA issued an operating
permit to the Village for the new water
main.
10.
The Village employed Lamac
Engineering Company to
perform certain
design
work on the water main
project.
11.
Respondent Lamac
Engineering
Company prepared
plans and
specifications for
the water main
project.
2
12.
The Village employed Followell Construction Company, Inc. to construct
the
water main project.
13.
As owner of the water mains, Respondent Village had direct responsibility for
supervising the water main
project.
14.
Section
15(a) of the Act, 415
ILCS 5/15(a)(2000),
provides:
(a)
Owners of public water supplies, their authorized representative,
or legal custodians, 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.
15.
Sections
1 8(a)(1), (a)(2) and
(a)(3) of the Act, 415
ILCS 5/I 8(a)(I),
(a)(2) and
(a)(3) (2000), provide:
a.
No person shall:
1.
Knowingly cause, threaten
or allow the distribution
of water from
any public water supply of such quality or quantity
as to
be
injurious to human health;
or
2.
Violate regulations or standards adopted by the Board under this
Act;
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.
16.
Section 601.101
of the Board’s Public Water
Supply Rules,
35
III.
Adm.
Code
601.101, provide,
in
pertinent part:
Owners and
official custodians of a public water supply in the State of Illinois
shall provide pursuant to the Environmental
Protection Act 415
ILCS 5
(Act),
the Pollution Control
Board (Board) Rules,
and the Safe Drinking Water Act (42
U.S.C. 3000f
et.
seq.)
continuous
operation
and maintenance of public water
3
supply facilities so that the water shall be assuredly safe
in quality,
clean,
adequate
in quantity,
and
of satisfactory mineral characteristics for ordinary
domestic consumption.
17.
Section
601.105 of the Board’s Public Water Supplies Rules,
35 IlLAdm.Code
601.105, defines “water main”
as:
Amy
pipe for the purpose of distributing
potable water which serves
or is
accessible to
more than
one property, dwelling, or rental unit, and
is exterior to
buildings.
18.
Section 602.101
of the Board’s Public Water
Supplies
Rules,
35
lll.Adm.Code
602.101, provides:
b)
All work performed on a public water supply shall
be in
accordance with
accepted engineering practices.
19.
Section 607.104(b) of the Board’s Public Water Supplies
Rules,
35
III.Adm.Code
607.104(b),
provides:
b)
There shall
be
no arrangement or connection
by which an
unsafe
substance may enter a supply.
20.
Section 653.119
of the EPA’s Public Water Supplies Rules,
35
lll.Adm.Code
653.119, provides,
in
pertinent part:
Water mains and sewer services lines shall
be protected
from sanitary sewers,
storm
sewers, combined sewers,
house sewer services connections and
drains as
follows:
a)
Water mains:
1)
Horizontal Separation:
A)
Water
mains shall
be laid at least ten
feet horizontally from
any existing or proposed
drain, storm sewer,
sanitary
sewer,
combined
sewer or sewer service connection.
***
4
2)
Vertical separation:
A)
A water main shall
be laid so that its invert is
18 inches
above the crown ot the drain or sewer or whenever water
mains
cross storm sewers, sanitary sewers or sewer
service
connections.
The vertical separation
shall
be
maintained for
that portion of the water main
located within
ten feet
horizontally of any sewer or drain crossed. A
length of
water main
pipe shall
be centered over the sewer
to be crossed
with
joints equidistant from the sewer or
drain.
b)
Water service
lines:
1)
The horizontal and
vertical separation
between water service
lines and all storm sewers, sanitary sewers,
combined
sewers or
any drain or sewer service
connection shall
be
thesame as the
water main
separation
described
in
(a) above.
***
c)
Special conditions
-
Alternate solutions shall be
presented to
the Agency
when extreme topographical, geological or existing structural
conditions
make strict compliance with
(a) and
(b) above technically and
economically impractical. Alternate
solutions
will be
approved provided
watertight construction structurally equivalent to approved water main
material
is proposed.
d)
Water mains
shall
be separated from septic tanks,
disposal fields and
seepage
beds by a minimum of 25
feet.
21.
Section 8.6.
of the Recommended
Standards for Water Works,
1982 Edition,
provides,
in
pertinent
part:
Separation of Water Mains, Sanitary Sewers and
Storm Sewers
Section 8.6.2:
Parallel
Installation
Water mains shall
be laid
at least
10 feet horizontally from any existing or
proposed sewer.
The distance shall be
measured edge to edge.
In cases
where
it is not practical to maintain a ten foot separation, the reviewing authority may
allow deviation on
a case-by-case
basis,
if supported
by data from the design
engineer. Such deviation
may allow installation
of the water main
closer to a
sewer,
provided that the water main
is laid in
a separate trench or an undisturbed
5
earth
shelf
located on
one side of the sewer at such an elevation that the bottom
of the water
main is at least
18
inches above the top of the sewer.
-
Section 8.6.3
Crossings
Water
mains crossing sewers shall be
laid to provide a minimum vertical
distance of
18 inches between the outside of the water
main and the outside
of
the sewer.
This shall be the case where the water main is either above or below
the sewer. At crossings, one full length of water pipe shall be
located so both
joints will
be as far from the sewer as
possible.
Special structural
support for the
water and
sewer pipes may be required.
Section 8.6.4
Exception
The reviewing authority must specifically
approve any variance from the
requirements of Sections
8.6.2 and
8.6.3 when
it is impossible to
obtain the
specified separation distances.
22.
Section 370.350 of the Illinois
Recommended Standards for Sewage Works,
35
Ill. Adm.
Code 370.350, provides in
pertinent part:
370.350
Protection
of Water Supplies
2)
Minimum Distances
The following minimum distances apply to clay and
loam
soils and,
as a
minimum, shall be doubled for sand.
In
areas where creviced limestone
or gravel may be encountered, the Agency shall be
contacted for a
determination as to
what minimum separation distances and special
construction will
be required.
A)
Non-watertight
sewers and sewer appurtenances such as
manholes and wetwells shall not be
located closer than
50 feet
from water works
structures.
23.
On January 11, 2000,
a representative of the Village contacted the Marion
Regional Office of the Illinois EPA,
and stated that Followell Construction
installed
a water main
6
that was
not properly separated from the Village’s sewer system and that the contractor was
refusing to confirm that
the systems were
properly separated.
24.
On January 11, 2000,
a representative of
the Illinois EPA directed the Village to
expose the water main to determine
its distance from the sewer system, and
to relocate the
water main
if it was within ten feet
horizontal distance or eighteen inches vertical distance from
the sewer system.
25.
On
February
1, 2000,
a representative of Lamac Engineering contacted
the
Illinois EPA and stated that he was not aware of the location of the sewer system and
did not
know whether it was separated from the Village’s public water system.
26.
On February
1,
2000,
a representative of the Village contacted the
Illinois EPA
and
stated that the Village had
exposed the water main
near Lift Station
No.
3 and
found a
distance of four feet of horizontal
distance between the water main and
the manhole, six feet of
horizontal
distance between the water main
and the
lift station,
and
eight inches of vertical
distance between the sewer main where the water main crossed
it.
27.
On February
2, 2000,
representatives of the
Illinois EPA,
the Village and
Lamac
Engineering visited the site of Lift Station
No.
3 on the sewer collection system,
located on the
west side
of County Highway 900E at the intersection of
Richardson Street.
The Illinois
EPA
inspector confirmed the failure
to
provide adequate separation, and
also observed that the
water main and
sewer main appeared to lack adequate separation
a distance of one half to one
quarter
mile from the
lift station.
The inspector advised the Village to expose the lines leading
away from the lift station to determine whether they were properly separated.
28.
At the time of the January 11,
2000,
and
February
1
and 2,
2000,
discussions
between a representative of the
Illinois EPA and
Respondents, it was determined that
Respondent Lamac
Engineering had released
at least three different versions of the plans
7
prepared for this project.
Each set differed and the three sets were not in agreement as to
significant specific features on the system.
One or more set of these plans were
utilized
by
Respondent Followell at the job site as construction plans.
29.
On August 9, 2000,
representatives of the Illinois
EPA, the Village,
Lamac
Engineering,
and
Followell Construction met at the site and
discussed the various areas
throughout the project requiring correction.
30.
Respondents
Lamac and
Followell claim that Respondent Village was
responsible for providing as-built plans showing
the location of existing sewer system prior to
installation but never did
so, and
further claim that the Village still
had
not supplied such
plans
as of August
9,
2000.
If this claim is taken
as true,
knowing that the as-built plans were not
available, Respondents
Lamac and
Followell proceeded with the installation without adequate
information
to assure compliance with the Act and the Board’s public water supplies rules.
31.
On April
18, 2001, the parties completed work to
correct the separation
distances.
During the relocation of the water main, the Illinois
EPA inspector noted the
following violations and
corrective actions:
a.
At Lift Station
No.
3 on the sewer collection
system, the water main was
cut on the west side of County Highway
900E, where it crossed
under the
gravity sewer line.
The contractor relocated the water main twenty-five
feet to the south of the lift
station.
b.
At a location in
proximity to the Borah residence, the water main
was
cased and
placed greater than eighteen
inches below the sewer service
connection.
c.
On
Robinson Street, the contractor cased and
installed the water
main on
the south side
of the street,
locating it greater than eighteen inches under
each
sewer service connection.
The contractor reconnected
the water
main
at the north side of the street greater than ten feet from the sewer
manhole.
d.
On Moyer Street, the contractor relocated the water main
and
hydrant
8
more than twenty-five feet to the west of Lift Station
No. 5 on the sewer
collection system.
The contractor also relocated the water service
line
and meter.
e.
At Lift Station
No.
I
on the sewer collection system,
the contractor
relocated the water main twenty-five
feet from the
lift station.
32.
By causing or allowing installation
of new water main
in
a manner so that the
installation
did
not meet the horizontal and vertical separation
distances required
by the EPA’s
Public Water Supplies
rules, as set forth
in
Paragraph 30,
Respondent Village has violated
Sections
1 8(a)(1),
(2) and (3) of the Act, 415
ILCS 5/1 8(a)(1),
(2),
(3)(2000),
35
III. Adm.
Code
601.101(b),
and
35
III. Adm.
Code 607.104(b).
33.
By failing
to comply with the conditions of its Construction
Permit #1 204-FYi 997,
Respondent Village
has violated
Section
15 of the Act, 415
ILCS 5/15 (2000),
and 35
III. Adm.
Code 602.101(b).
34.
By causing or allowing
installation of new water main
in a manner so that the
installation
did
not meet the horizontal and vertical separation
distances required
by the EPA’s
Public Water Supplies
rules, as
set forth in
Paragraph 30,
Respondents Followell Construction
Company,
Inc. and
Lamac Engineering
Company have violated Sections
1 8(a)(1),
(2) and
(3) of
the Act, 415
ILCS
5118(a)(1),
(2),
(3)
(2000), and 35
III.
Adm. Code 607.104(b).
35.
By failing to comply with the conditions of its Construction
Permit #1 204-FYI997,
Followell Construction
Company,
Inc.
and
Lamac Engineering
Company have violated Section
15
of the Act, 415
ILCS 5/15 (2000),
and
35
III. Adm.
Code 602.101(b).
PRAYER FOR RELIEF
WHEREFORE, Complainant, People of the State of Illinois,
respectfully request that the
Board enter an order against
the Respondents Village of Sims,
Followell Construction
Company,
Inc.
and Lamac Engineering Company:
9
A.
Authorizing a
hearing
in this matter at
which
time the Respondents will
be
required
to answer the allegations herein;
B.
Finding that each Respondent has violated the Act and regulations as
alleged
herein;
C.
Ordering Respondents to
cease and desist from any further violations of the Act
and
associated
regulations;
D.
Assessing against Respondents 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
continued thereafter, pursuant to
Section 42(a)
of the Act,
415
ILCS 5/42(a)(2000);
E.
Awarding to
Complainant its costs and
reasonable attorney’s fees;
and
F.
Granting
such other relief as the Board
may deem
appropriate.
PEOPLE OF THE STATE OF
ILLINOIS
LISA MADIGAN,
Attorney General
of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
Jane E.McBride
BY:
~
V
AssistantAttorney
General
THOMAS
DAVIS,
Chief
500
5.
Second Street
Environmental Bureau
Springfield,
Illinois
62706
Assistant Attorney General
217/782-9031
10
