1. CLERK’S OFFICE
      2. COUNT I:
      3. CONSTRUCTION WITHOUT A PERMIT
RECE~VED
CLERK’S OFRCE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
FEB
1
8
2004
STATE OF ILLINOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution Contro’ Board
Complainant,
-vs-
)
PCB
No.
VILLAGE
OF
POPLAR
GROVE,
an
Illinois
municipal corporation,
and,
R
.
H. BATTERMAN & COMPANY,
INC.,
a Wisconsin corporation,
)
Respondents.
NOTICE OF FILING
PLEASE
TAKE
NOTICE
that
we have today, February 18,2004
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and seven copies of our Complaint,
a
copy of which is attached herewith and 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 the 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.
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of th~
State
4~f
Illinois
BY:
__________________________
CHRIS,jTOPHER
GRANT
As~k~tant Attorney
General
Environmental
Bureau
188
W. Randolph St., 20~Fir.
Chicago,
IL 60601
(312)
814-5388
RECE~vED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
FEB
18
2OO~
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control Board
Complainant,
-vs-
)
PCB No.
VILLAGE
OF
POPLAR GROVE, an
Illinois
municipal corporation,
and,
R
.
H.
BATTERMAN
& COMPANY,
INC.,
a Wisconsin corporation,
Respondents.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois,
complains of
Respondents, VILLAGE OF POPLAR GROVE,
and R.H. BATTERMAN &
COMPANY,
INC.,
as
follows:
COUNT I:
CONSTRUCTION WITHOUT A PERMIT
1.
This complaint is brought by 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 Environmental
Protection
Act,
(“Act”),
415
ILCS
5/31
(20b2)
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
(2002),
and
is
charged
inter alia,
with
the
duty
of
enforcing
the
Act.
3.
Respondent
VILLAGE
OF
POPLAR
GROVE
(“Poplar
Grove”)
is
1
an Illinois municipal corporation,
duly authorized and operating
under the laws of the State of Illinois.
Poplar Grove is located
in
Boone
County,
Illinois.
4.
Respondent
R.H.
BATTERMAN
&
COMPANY,
INC.
(“Batterman”)
is a Wisconsin corporation,
not authorized to transact business
in the State of Illinois.
Batterman is in the business of
construction
project
management
and
municipal
engineering.
5.
Poplar Grove
is the owner and operator of a potable
water supply and distribution system (“Poplar Grove Water
Supply”),
containing,
inter aiia, underground potable water
supply mains,
storage tanks, and distribution lines.
The Poplar
Grove Water Supply serves approximately 1,100 persons on a year
around
basis.
6.
On a date better known to Respondents,
Poplar Grove
retained Batterman
to design and manage construction of several
additions to the Poplar Grove Water Supply,
including an above-
ground water storage and distribution tank
(“new water tower”)
As
part
of
its
construction
management
agreement
with
Poplar
Grove, Batterman was responsible for obtaining all required
permits
relating
to
construction
and
operation
of
the
new
water
tower.
7.
On A~igust 9,
2002,
Illinois EPA received an application
for a construction permit for the new water tower.
The
application was submitted by Batterman on behalf of Poplar Grove.
2
8.
On September 13 and October
3,
2002,
Illinois EPA sent
letters to the Respondents,
requesting additional
information for
the purpose of reviewing Respondents’
construction permit
application.
9.
On or about September 15,
2002,
before Illinois EPA had
taken final action
on Respondents’
construction permit
application, the Respondents commenced construction of the new
water tower.
10.
On October
6,
2002,
Illinois EPA inspected the Site and
discovered that Respondents had commenced construction.
11.
On February 21, 2003,
the Illinois EPA issued an ‘as-
built’
approval letter to the Respondents for the now-completed
new water tower.
12.
Section 18(a)
of the Act,
415 ILCS 5/18(a)
(2002),
provides,
in pertinent part,
as follows:
(a)
No
person
shall:
*
*
*
2.
Violate regulations or standards adopted by
the Agency pursuant to Section 15(b)of this
Act or 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.
*
*
*
13.
Section
3.315
of
the
Act,
415
ILCS
5/3.315
(2002),
provides,
as follows:
3
“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~theirlegal representative,
agent or assigns.
14.
Respondent
Poplar
Grove,
a
political
Subdivision,
and
Respondent
Batterman,
a
Wisconsin
corporation,
are “Personsl”
as
that term is defined in Section 3.315 of the Act,
415 ILCS
5/3.315
(2002)
.
15.
Section 3.365 of the Act,
415 ILCS 5/3.365
(2002),
provides,
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
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 “community water
supply” or a “non-community water supply”.
16.
The Poplar Grove Water Supply,
including the newly
built water tower,
is
a “Public Water Supply”
as that term is
defined in Section 3.365 of the Act,
415 ILCS 5/3.365
(2002)
17.
Section 15 of the Act,
415 ILCS 5/15
(2002), provides,
as
follows:
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
4
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.
18.
Section 602.101
of the Illinois Pollution Control Board
Regulations
(“Drinking Water Regulations”),
35
Ill. Adm Code
602.101, provides,
as follows:
CONSTRUCTION PERMITS
a)
No person shall
cause or allow the construction of
any new public water supply installation or cause
or allow the change of or addition to any existing
public water supply, without
a construction permit
issued by the Environmental Protection Agency
19.
Respondents commenced construction of the new water
tower while Illinois EPA was still seeking and reviewing
information and specifications,
and prior to Illinois EPA
granting a permit or otherwise issuing written approval for
construction.
The Respondents thereby violated Sections 15 and
18(a)
(3)
of the Act,
415 ILCS 5/15 and /5/18 (a) (3) (2002),
and 35
Ill.
Adm.
Code
602.101.
20.
By violating 35
Ill. Adm.
Code 602.101, the Respondents
thereby also violated Section 18(a) (2)
of the Act,
415 ILCS
5/18 (a) (2)
(2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondents, VILLAGE OF POPLAR GROVE,
and R.H.
BATTERMAN
&
5
COMPANY,
INC. on Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents have violated Sections 15,
18(a) (2), and 18(a) (3)
of the Act, and 35
Ill. Adm.
Code 602.101;
3.
Ordering the Respondents to cease and desist from any
further violations of Sections 15,
18(a) (2),
and 18(a) (3))
of the
Act,
and
35
Ill. Adm. Code 602.101;
4.
Assessing
a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents for each violation of the
Act and pertinent regulations,
and an additional
civil penalty of
Ten Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondents to pay all costs, pursuant to
Section 42(f)
of the Act,
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.
6
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DU1’~N, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
~
V~j
(g-~g~c~
~
ROS~MARIE
CAZEAU~Chief~
Environmental Bureau
Assistant Attorney General
OF COUNSEL
CHRISTOPHER.
GRANT
Assistant Attorney General
Environmental Bureau
188
W. Randolph St.2Oth Floor
Chicago,
Illinois 60601
(312)
814-5388
7
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
)
PCB No.
VILLAGE OF POPLAR GROVE, an
Illinois
municipal corporation,
and,
R
.
H. BATTERMAN & COMPANY,
INC.,
a Wisconsin corporation,
Respondents.
CERTIFICATE OF SERVICE
I,
CHRISTOPHER
GRANT,
an attorney,
do certify that I caused
to be served this 18th day of February,
2004,
the foregoing
Complaint and Notice of
Filing upon
the person listed below, by
first class mail, by placing same in an envelope bearing
sufficient postage with the United States Postal Service located
at 100
W. Randolph,
Chicago Illinoisand/~asedL~
CHRISTOPHER GRANT
Service List:
Mr. Charles Thomas Sewell
Attorney at Law
Strom,
Sewell Larson & Popp
215 South State Street
Belvidere,
Illinois 61008

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