RECEIVED
CLERK’S
OFFrcr
NOV
102003
STATE OF
IWNols
OFFICE
OF THE ATTORNEY GENERAL
~‘~ll~t1On
Control Board
STATE
OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
November 6,
2003
The Honorable
Dorothy Gunn
Ulinois Pollution
Control
Board
James
R. Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Emmett Utilities and Russell D.
Thorell
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
APPEARANCE
and COMPLAINT in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies of
the documents to
our
office
in
the enclosed
self-addressed,
stamped
envelope.
Thank you for your cooperation
and consideration.
Very truly yours,
Thomas
Davis,
Chief
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
TO/pp
Enclosures
500
South Second Street, Springfield,
Illinois
62706
•
(217)
782-1090
•
TTY: (217)
785-2771
•
Fax:
(217) 782-7046
100
\Vcst
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-300(1
•
‘I’ll:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East Mum, Curhundule,
Illinois
62901
•
(618)
529—640()
•
‘l”lY:
(61$)
329—6403
•
Fax: (61$)
529—6416
RECEI1VE~
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
NOV
102003
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
STATE
OF ILLINOIS
)
Pollution
Control
Board
Complainant,
)
)~
vs.
)~L’
No.
EMMETT UTILITIES,
INC., an
Illinois
)
corporation,
and
RUSSELL
D.
)
THORELL,
individually and as
)
president of EMMETT UTILITIES, INC.,
)
Respondent.
NOTICE OF FILING
To:
EMMETT UTILITIES,
INC.
RUSSELL 0.
THORELL
President
RR2,
Box 58N
Oquawka,
IL 61469
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.
1
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.
Respecifully 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:_____________________
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 6, 2003
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on November 6, 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:
EMMETT UTILITIES,
INC.
RUSSELL 0. THORELL
President
RR2, Box 58N
Oquawka,
IL 61469
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
James
R.
Thompson Center
Suite
11-500
100 West Randolph
Chicago,
Illinois 60601
Thomas
Davis,
Chief
Assistant Attorney General
This filing is submitted
on
recycled paper.
RECE~VED
CL~.RK’SOFT~T(~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 102003
PEOPLE OFTHE STATE OF
)
)
Pollution Control Board
Complainant,
)
•vs.
)~f~
No.
EMMETT UTILITIES,
INC., an
Illinois
)
corporation,
and
RUSSELL
D.
)
THORELL,
individually and as
)
president of EMMETT UTILITIES, INC.,
)
Respondent.
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
THOMAS DAVIS,
Assistant Attorney General
of the
State of
Illinois,
hereby enters
his
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:__________________
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 6,
2003
CLERK’S OFFICE
BEFORE THE ILLINOISPOLLUTION CONTROL BOARD
NOV
102003
PEOPLE OF THE
STATE OF ILLINOIS,
)
STATE OF
ILLINOIS
)
Pollution
Control
Boczrd
Complainant,
v.
)
PCBNO.O4-~(
)
(Enforcement)
EMMETT UTILITIES,
INC.,
)
an
Illinois
corporation,
and
)
RUSSELL 0.
THORELL,
individually and
)
as
president of
EMMETT UTILITIES,
INC.
)
Respondents.
COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL THORELL,
as
follows:
COUNT
I
NOTIFICATION
VIOLATIONS
1.
This
Complaint
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
(2002).
2.
The
Illinois Environmental Protection
Agency (“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
(2002),
and
charged,
inter
a/ia,
with the duty of enforcing
the Act
in proceedings
before the
Illinois
Pollution Control
Board
(“Board”).
3.
Respondent,
EMMETT UTILITIES,
INC.,
an
Illinois corporation,
is a “public water
supply” as that term is defined under Section
3.365 of the Act, 415
ILCS 5/3.365 (2002),
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,
1
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.
4.
At all times relevant to
this Complaint,
Respondent,
RUSSELL THORELL,
has
owned EMMETT UTILITIES,
INC.,
and
has served
as
its corporate president.
RUSSELL
THORELL is individually
liable for the violations
alleged herein
as
a responsible corporate
officer because of his direct
and personal
involvement in
the acts
and
omissions causing or
resulting
in the violations.
5.
At all times relevant to this Complaint,
the Respondents have owned and
operated
a public water supply
and wastewater treatment system at Stratford West,
a
townhouse
subdivision, near Macomb
in
McDonough
County,
Illinois.
The water supply serves
approximately 22
direct service
connections from
one drilled well.
The wastewater treatment
system
consists
of a
lagoon divided
into four cells
by wooden walls.
6.
On
May 9,
2003,
the Circuit Court of McDonough County entered an
Order in
People of the State
of Illinois
v.
Emmett
Utilities,
Inc., and Russell
Thore/l,
No.
01
CH 2,
following
a
trial conducted
on July 22, 2002,
thereby adjudicating violations of the Act, the
Board’s Public Water Supply and
Water Pollution
Regulations,
and the NPDES Permit.
The
Attorney General’s
Office
has
been
involved with
enforcement actions against these parties
since at least
1996.
In her involvement with this
case, the Attorney General
has identified
additional violations which are being
pursued
in this Complaint.
7.
The Respondents are each a “person” as that term
is defined
under Section 3.26
of the Act, 415
ILCS
5/3.26
(2002),
as follows:
“Person”
is any individual,
partnership,
copartnership, firm,
company,
corporation,
association, joint stock company,
trust, estate,
political
subdivision,
state
agency,
or any other legal entity,
or their legal representative,
agency or
assigns.
2
8.
Section
18(a)
of the Act, 415
ILCS 5/18(a)
(2002),
provides,
in
pertinent part:
(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 Agency
pursuant to
Section
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.
9.
Section
601.101
of the Board’s Public Water Supplies
Regulations,
35
III.
Adm.
Code 601 .101, provides
that:
Owners and official
custodians of a public water supply in
the
State of Illinois
shall provide pursuant to the Environmental
Protection Act (Act), the Pollution
Control
Board
(Board)
Regulations, the Safe Drinking Water Act (42
U.S.C. 300f
et seq.)
continuous
operation and
maintenance of public water 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.
10.
Section
607.103(c) of the
Board’s Public Water Supplies
Regulations,
35
Ill.
Adm. Code 607.103(c), provides that:
Whenever the safety of a supply is endangered for any reason,
including
but not limited to
spillage of hazardous substances,
the
Agency shall be notified
immediately by the owner, official
custodian or
his authorized representative, and
the supply officials shall take
appropriate action to
protect the supply.
The owner,
official
custodian or
his
authorized representative shall notify all consumers of appropriate
action
to protect themselves against any waterborne hazards.
If the
owner or official custodian
of the supply fails to take such
action on
his
own or
at the recommendation of the Agency, the Agency shall notify
directly the consumers affected.
11.
On August 28, 2003,
the Illinois EPA was
informed of a total water outage
by
customers of the public water supply.
The
Illinois
EPA
then contacted
the certified water
3
operator for the public water supply and a contract employee
of the Respondents,
who stated
that the well pump,
which was twenty years old,
had
failed
and attempts
to
repair it were
unsuccessful.
12.
On August
28, 2003,
the Illinois
EPA contacted
RUSSELL THORELL and
directed the Respondents to replace the well pump and
to
restore service.
RUSSELL
THORELL stated that the Respondents would
not replace the well pump
and
restore service
until a pending
rate increase might
be granted
by the Illinois
Commerce Commission.
13.
The malfunction of the pump to the sole well of this public water supply resulted
in the total water outage and thereby
endangered the safety of the supply.
The Respondents
failed to
immediately
notify the Illinois
EPA and to
take appropriate action
to
protect the supply
as required
by Section 607.103(c) of the Board’s
Public Water Supplies
Regulations,
35
III.
Adm.
Code 607.103(c).
14.
By failing to
immediately notify the Illinois
EPA and
to take appropriate action to
protect the supply in
violation of
Section 607.103(c)
of the Board’s Public Water Supplies
Regulations, 35
III.
Adm. Code 607.103(c), the Respondents thereby violated Section
18(a)(2)
of the Act, 415
ILCS 5/18(a)(2) (2002).
15.
EMMETT UTILITIES,
INC.,
has
been previously adjudicated
in violation of
Section
18
of the Act, 415
ILCS 5/18
(2002),
and these presently alleged
violations constitute
repeated
violations
pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f) (2000); therefore,
Complainant is authorized
to
seek attorney’s fees and
costs.
16.
The presently alleged violations as
to
RUSSELL THORELL constitute wilful
or
knowing violations
pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2000); therefore,
Complainant is authorized
to seek attorney’s fees
and costs.
4
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE
STATE OF ILLINOIS,
respectfully
request that the
Board enter an Order against the Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL THORELL:
A.
Authorizing
a hearing
in this matter at which time the Respondents will be
required to answer the allegations herein;
B.
Finding that EMMETT UTILITIES,
INC.,
has violated the Act and regulations
as
alleged
herein;
C.
Finding that
RUSSELL THORELL is personally liable
as a responsible corporate
officer for the violations of the Act and regulations
as
alleged
herein;
0.
Pursuant
to Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002), impose
upon the
Respondents a monetary penalty of not more than
the statutory maximum;
E.
Pursuant to
Section42(f) of the Act, 415
ILCS 5/42(f) (2002),
award the
Complainant its costs
in this matter, including
reasonable attorney’s fees
and expert witness
costs;
and
F.
Grant such other and further relief as the
Board
deems appropriate.
COUNT
II
FAILURE TO PROVIDE CONTINUOUS
MAINTENANCE
1-12.
Complainant
realleges and
incorporates
herein
paragraphs lthrough
12 of Count
I
as paragraphs
I
through
12 of this Count
II.
13.
The well
pump at the public water supply was
repaired or replaced on August 30,
2003.
14.
By allowing the well pump to fail on August 27, 2003,
the
Respondents failed to
provide
continuous operation
and maintenance of public water supply facilities so that the water
5
shall be assuredly safe
in quality and adequate
in quantity for ordinary domestic consumption in
violation of Section 601.101
of the Board’s Public Water Supplies
Regulations, 35111. Adm.
Code 601.101.
15.
By subsequently failing
or refusing to
repair or replace the well pump, the
Respondents failed to
provide continuous operation
and
maintenance of public water supply
facilities so that the water shall
be assuredly safe in
quality and adequate
in quantity for
ordinary domestic consumption
in violation
of Section 601.101
of the Board’s Public Water
Supplies Regulations,
35
III. Adm.
Code 601.101.
16.
By violating
Section
601.101
of the Board’s Public Water Supplies
Regulations,
35
III. Adm.
Code 601.101,
the Respondents thereby violated Section
18(a)(2) of the Act, 415
ILCS 5/18(a)(2) (2002).
17.
EMMETT UTILITIES,
INC.,
has
been previously adjudicated
in violation
of
Section
18 of the Act, 415
ILCS 5/18
(2002),
and these presently alleged
violations constitute
repeated violations
pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2000);
therefore,
Complainant is authorized
to
seek attorney’s fees and
costs.
18.
The presently alleged
violations as to
RUSSELL THORELL constitute wilful
or
knowing violations
pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f)
(2000); therefore,
Complainant is authorized
to seek attorney’s fees and
costs.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE
OF ILLINOIS,
respectfully
request that the Board
enter an
Order against the Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL TH.ORELL:
6
A.
Authorizing a
hearing
in this matter at which time the Respondents will be
required to answer the allegations herein;
B.
Finding that EMMETT UTILITIES,
INC.,
has violated
the Act and
regulations as
alleged
herein;
C.
Finding
that RUSSELL THORELL is personally liable as
a responsible corporate
officer for the violations of the Act and
regulations as
alleged
herein;
D.
Pursuant to Section
42(a) of the Act, 415 ILCS 5/42(a)
(2002),
impose upon the
Respondents a monetary penalty of not more than the statutory maximum;
E.
Pursuant to
Section42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award the
Complainant its costs
in this matter,
including reasonable attorney’s
fees and
expert witness
costs;
and
F.
Grant such
other and further relief as
the
Board
deems
appropriate.
COUNT
Ill
WATER POLLUTION VIOLATIONS
1-7.
Complainant realleges and
incorporates herein
paragraphs lthrough 7 of Count
I
as paragraphs
1
through 7 of this Count Ill.
8.
Section
3.545 of the Act, 415
ILCS 5/3.545
(2002),
provides the following
definition:
“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 is likely to create a
nuisance or render such
waters
harmful or detrimental or injurious
to public health,
safety
or welfare,
or to domestic,
commercial,
industrial,
agricultural,
recreational,
or other legitimate uses, or to livestock,
wild animals,
birds, fish,
or other aquatic life.
7
9.
Section
12 of the Act, 415
ILCS 5/12 (2002),
provides, in
pertinent part, 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.
***
(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.
10.
Overflows from sanitary sewers are expressly prohibited
by Section
306.304 of
the Board’s Water Pollution
Regulations,
35
III. Adm.
Code 306.304.
11.
EMMETT UTILITIES,
INC.,
is authorized, pursuant to
NPDES Permit No.
IL0071030,
to discharge treated
effluent to a
receiving stream from the lagoon wastewater
treatment system.
This unnamed
stream is a tributary to the LaMoine River,
both of which are
“waters” of the State as defined at
Section 3.550 of the Act, 415
ILCS 5/3.550 (2002).
12.
On numerous occasions, including
November and
December, 2002,
and
March
and August,
2003,
EMMETT UTILITIES,
INC.
and RUSSELL THORELL
have allowed
discharges of untreated effluent, raw sewage,
and overflows from the treatment
system
and
sanitary
sewers.
13.
These
discharges of untreated effluent,
raw
sewage, and overflows from the
treatment system and
sanitary sewers likely created
a
nuisance or rendered such waters
8
harmful
or detrimental or injurious to
public health,
safety or welfare,
or to domestic,
commercial,
industrial, agricultural,
recreational, or other legitimate
uses, or to
livestock, wild
animals,
birds, fish, or other aquatic life.
14.
By causing
or allowing
the discharges of
untreated effluent, raw sewage, and
overflows from the treatment system and
sanitary sewers as to create
a nuisance or to
detrimentally affect the receiving
stream,
the Respondents have caused or tended to cause
water pollution
in
Illinois.
15.
By so causing or tending to cause water pollution,
the Respondents
have
violated
Section
12(a)
of the Act, 415
ILCS 5/12(a) (2002).
16.
EMMETT UTILITIES,
INC.,
has
been
previously adjudicated in
violation of
Section
12 of the Act, 415 ILCS 5/12
(2002),
and these presently alleged violations
constitute
repeated violations
pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2000);
therefore,
Complainant is authorized
to seek attorney’s fees
and costs.
17.
The presently alleged violations as to
RUSSELL THORELL constitute wilful or
knowing violations pursuant
to Section
42(f) of the Act, 415 ILCS 5/42(f)
(2000); therefore,
Complainant is authorized
to seek attorney’s fees and
costs.
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE
OF THE STATE
OF
ILLINOIS,
respectfully
request that the Board
enter an Order against the Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL THORELL:
A.
Authorizing
a
hearing
in this matter at which time the Respondents will
be
required to
answer the allegations
herein;
9
B.
Finding that
EMMETT UTILITIES,
INC.,
has violated the Act
and regulations as
alleged
herein;
C.
Finding that RUSSELL THORELL is personally liable
as a responsible corporate
officer for the violations of the Act and
regulations as alleged herein;
0.
Pursuant to
Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002),
impose upon the
Respondents a monetary penalty of not more than the statutory maximum;
E.
Pursuant to Section42(f) of the Act, 415 ILCS 5/42(f)
(2002),
award the
Complainant its costs
in
this matter, including
reasonable attorney’s fees
and
expert witness
costs;
and
F.
Grant such other and further relief as the Board
deems
appropriate.
COUNT IV
WATER QUALITY VIOLATIONS
1-7.
Complainant
realleges and
incorporates herein
paragraphs lthrough 7 of Count
I
as paragraphs
1
through 7 of this Count
IV.
8-13.
Complainant realleges and
incorporates
herein
by reference paragraphs 8-13
of
Count III
as paragraphs 8-13 of this Count
IV.
14.
Section 302.203 of the Board’s Water Pollution Regulations,
35
III.
Adm. Code
302.203, prohibits offensive
conditions in waters of the State:
Waters of the State shall be free from sludge
or bottom deposits,
floating
debris,
visible oil,
odor,
plant or algal, color or turbidity of
other than
natural origin.
.
.
15.
The discharges
of untreated effluent,
raw sewage,
and overflows from the
treatment system
and sanitary sewers
have caused
offensive conditions,
including
unnatural
color,
odor,
sludge,
and turbidity,
in the receiving
stream in violation
of the water quality
standard of 35
III. Adm.
Code 302.203.
10
16.
By causing or allowing the discharge of contaminants so as to violate regulations
orstandards adopted by the Pollution
Control
Board
under the Act, the Defendants have
violated
Section
12(a) of the Act, 415
ILCS 5/12(a)
(2002).
17.
EMMETT UTILITIES,
INC.,
has
been previously
adjudicated in violation of
Section
12 of the Act, 415
ILCS
5/12 (2002),
and these presently alleged violations constitute
repeated violations
pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2000);
therefore,
Complainant is authorized
to
seek attorney’s fees and
costs.
18.
The presently alleged
violations as to
RUSSELL THORELL constitute wilful or
knowing violations
pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f) (2000); therefore,
Complainant is authorized
to
seek attorney’s fees and
costs.
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF
ILLINOIS,
respectfully
request
that the Board
enter an
Order against the Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL THORELL:
A.
Authorizing a
hearing in
this matter
at which time the Respondents will
be
required to
answer the allegations herein;
B.
Finding that
EMMETT UTILITIES,
INC., has
violated the Act and
regulations as
alleged
herein;
C.
Finding that RUSSELL THORELL
is personally liable as a responsible corporate
officer for the violations
of the Act and
regulations
as alleged
herein;
D.
Pursuant to
Section 42(a) of the Act, 415 ILCS
5/42(a) (2002),
impose upon the
Respondents a monetary penalty
of not more than the statutory maximum;
11
E.
Pursuant to Section42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award the
Complainant its costs
in
this matter, including
reasonable attorney’s fees
and
expert witness
costs;
and
F.
Grant such other and further relief as the
Board
deems appropriate.
COUNTV
NPDES
PERMIT VIOLATIONS
1-7.
Complainant
realleges and
incorporates
herein paragraphs
1
through 7 of Count
I
as paragraphs
1
through 7 of this Count V.
8-13.
Complainant realleges and
incorporates herein
by reference paragraphs 8-13
of
Count Ill
as paragraphs 8-13 of this Count V.
14.
By causing or allowing
the discharge of discharges
of untreated effluent,
raw
sewage, and
overflows from the treatment system and
sanitary sewers,
the Respondents
have
violated
the NPDES
permit and
Section
12(f) of the Act, 415
ILCS 5/12(f)
(2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE STATE OF ILLINOIS,
respectfully
request that the Board
enter an
Order against the Respondents,
EMMETT UTILITIES,
INC.,
and
RUSSELL THORELL:
A.
Authorizing a
hearing
in this matter at which time the Respondents will
be
required to
answer the allegations
herein;
B.
Finding that
EMMETT UTILITIES,
INC.,
has violated the Act and
regulations
as
alleged
herein;
C.
Finding that RUSSELL THORELL is personally liable as a responsible corporate
officer for the violations
of the Act and
regulations as
alleged
herein;
12
D.
Pursuant to
Section 42(a) of the Act, 415 ILCS
5/42(a) (2002),
impose upon the
Respondents
a monetary penalty of not more than the statutory maximum;
E.
Pursuant to
Section42(f) of the Act, 415 ILCS 5/42(f) (2002), award the
Complainant its
costs
in this matter,
including
reasonable attorney’s fees
and expert witness
costs;
and
F.
Grant such
other and further relief as
the Board deems
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
BY:_____________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
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1/pc/u ~
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