REcE~vED
LEF?KS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL ~~2OO4
STATE OF
ILLU~j
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
POllUtion
Control Board
Complainant,
vs.
)
No.
PCB
(Enforcement)
VILLAGE OF CAPRON,
an Illinois
municipal corporation,
NOTICE
OF FILING
PLEASE TAKE NOTICE that we have today,
July 20, 2004
filed
with the Office of the Clerk of the Illinois Pollution Control
Board an original and nine 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
BY:
~s0ft
~ISTOPHER
GRANT
~z~istant
Attorney General
Environmental Bureau
188 W. Randolph St., 20~Flr.
Chicago,
IL 60601
(312)
814-5388
RECE~VED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
JUL 20 2004
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
STATEOFILIJNPIS
pollution Contro’
Board
Complainant,
vs.
)
No.
PCB
(Enforcement)
VILLAGE
OF
CAPRON,
an
Illinois
municipal
corporation,
Respondent.
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General
of the State of Illinois,
complains of
Respondent,
the VILLAGE OF CAPRON,
as follows:
COUNT
I
FAILURE TO PREPARE AND DISTRIBUTE CONSUNER CONFIDENCE REPORTS
1.
This Complaint
is brought on behalf of THE PEOPLE OF
THE STATE OF ILLINOIS 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 the terms and provisions of Section 31 of the
Illinois Environmental Protection Act
(“Act”)
,
415 ILCS 5/31
(2002)
2.
Illinois EPA is an administrative agenày of the State
of Illinois, established by Section 4 of the Act,
415 ILCS 5/4
(2002),
and is charged,
inter
alia,
with the duty of enforcing
the Act and regulations promulgated by the Illinois Pollution
Control Board
(“Board”),
including regulations governing owners
and operators of municipal public water supplies.
1
3.
Respondent,
the
VILLAGE
OF
CAPRON
was,
and is,
an
Illinois municipal corporation,
located in Boone County,
Illinois.
4.
The Village of Capron owns and operates a potable water
supply and distribution system
(“Village Water Supply”),
including,
inter alia,
a potable water well, water supply pipes,
distribution equipment,
and water meters.
The Village Water
Supply serves a population of approximately 961 people on a year-
round basis.
5.
Public water supplies in Illinois are subject to
regulations promulgated by the Board, codified at
35
Ill. Adm.
Code,
Subtitle F
(“Board Drinking Water regulations”).
These
regulations,
inter alia,
require public water suppliers to
pr.ovide their customers and Illinois EPA with annual reports,
commonly known as
“Consumer~Confidence Reports”
(“CCR5”)
6.
As part of Illinois EPA’s oversight responsibilities,
the Agency monitors public water suppliers for conformance with
Board recordkeeping and reporting requirements.
7.
In 2003,
Illinois EPA determined that the Village of
Capron had failed to provide to Illinois EPA,
and had failed to
mail to and make available
to us~rs, its CCR for the year 2002.
8.
On August 29,
2003,
Illinois EPA issued a Violation
Notice to the Respondent by certified mail,
advising the
Respondent that its failure to provide the 2002 CCR constituted
2
violations of the Act and Board Drinking Water regulations.
In
its notification, Illinois EPA requested that this report be
prepared and mailed to customers within 30 days
i.e.
by
September 28,
2003
.
The Respondent neither complied nor
responded to Illinois EPA’s violation notice.
9.
On March
2,
2004,
Illinois EPA issued a Notice of
Intent to Pursue Legal Action
(“NIPLA”)
to the Respondent,
by
certified mail.
In the NIPLA letter,
Illinois EPA again notified
the Respondent that its continued failure to provide the 2002
Consumer Confidence Report to Illinois EPA,
failure to mail the
report to its customers,
and failure to certify to Illinois EPA
that it had conformed with these requirements, constituted a
continuing violation of the Act and Board Drinking Water
regulations.
The Respondent did not respond to Illinois EPA’s
NIPLA letter.
10.
To the date of filing this Complaint,
the Respondent
has failed to prepare its 2002
CCR, and therefore also failed to
submit its 2002 CCR to its customers and Illinois EPA.
11.
To the date of filing this Complaint,
the Respondent
has failed to make its 2002 CCR available to non-billed users of
the Village Water Supply.
12.
To the date of filing this Complaint,
the Village has
failed to submit to Illinois EPA,
a certification that its .2002
CCR had been submitted to customers.
3~
13.
Section 18 of the Act,
415 ILCS 5/18
(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;...
*
*
*
14.
Section 3.315of
the Act,
415 ILCS 5/3.315
(2002),
provides,
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,
or their legal representative,
agent or assigns.
15.
The Respondent,
a political subdivisions,
is a “person”
as that term is defined in Section 3.315 of the Act,
415 ILCS
5/3.315
(2002)
16.
Section 611.100
of the Board Drinking Water
regulations,
35
Ill. Adm.
Code 611.100, provides the following
definitions:
“Community Water System” or “CWS” means a public water
system
(PWS)
that serves
at least
15 service
connections used by year-round residents or regularly
serves at least
25 year-round residents.
BOARD NOTE: Derived from 40 CFR 141.2
(1998)
.
This
definition differs slightly from that of Section 3.05
of the Act.
*
*
*
“Public water system”
or
“PWS” means
a system for the
4
provision to the public of water for human consumption
through pipes or other constructed conveyances,
if such
system has at least fifteen service connections or
regularly serves an average of at least 25 individuals
daily at least
60 days out of the year. A PWS is either
a community water system
(CWS)
or a non-community water
system (non-CWS).
Such term includes:
Any
collection,
treatment,
storage, and
distribution facilities under control of the
operator of such system and used primarily in
connection with such system;
and
Any
collection or pretreatment
storage facilities
not under such control that are used primarily in
connection with such system.
BOARD NOTE:
Derived from 40 CFR 141.2
(1998)
Where used in Subpart
F,
“public water supply”
means the same as “public water system.”
*
*
*
“Supplier of water” or “supplier” means any person who
owns or operates a public water system
(PWS)
.
This
term includes the “official custodian”.
BOARD NOTE: Derived from 40 CRF 141.2
(1998)
17.
The Village Water Supply is a “community water system”
and a “public water system”
as those terms are described in
Section 611.100 of the Board Drinking Water Regulations,
35
Ill.
Adm.
Code 611.100.
18.
The Respondent owns the Village Water Supply,
and is a
a “supplier of water”,
and a
“supplier”,
as those terms are
defined in Section 611.100 of the Board Drinking Water
Regulations,
35
Ill.
Adm.
Code 611.100.
5
19.
Section 611.881 of the Board Drinking Water
regulations,
35
Ill. Adm.
Code 611.881 provides,
in pertinent
part,
as follows:
Purpose and Applicability of this Subpart
a)
This Subpart U establishes the minimum
requirements for the content of annual reports
that community water systems
(CWS5) must deliver
to their customers.
These reports must contain
information on the quality of the water delivered
by the systems and characterize the risks
(if any)
from exposure.to contaminants detected in the
drinking water in an accurate and understandable
manner.
*
*
*
c)
For the purpose of this Subpart,
“customers”
are
defined as billing units or service connections to
which water is delivered by a CWS.
*
*
*
20. Section 611.882 of the Board Drinking Water regulations,
35
Ill. Adm. Code 611.882, provides,
in pertinent part,
as
follows:
.
Compliance Dates
a)
Each existing CWS must have delivered its first
report by October
19,
1999,
its second report by
July
1,
2000,
and it must deliver subsequent
reports by July 1 annually thereafter.
*
*
.
*
21. Section 611.885 of the Illinois EPA Drinking Water
regulations 35
Ill. Adm.
Code 611.885, provides,
in pertinent
part,
as follows:
Report Delivery and Recordkeeping
6
a)
Except as provided in subsection
(g) .of this
Section,
each CWS must mail or otherwise directly
deliver one copy of the report to each customer.
b)
The CWS must make a good faith effort to reach
consumers who do not get water bills,
using a
means approved by the Agency by a SEP granted
pursuant to Section 611.110....
c)
No later than the date the CWS is required to
distribute the report to its customers,
each CWS
must mail a copy of the report to the Agency,
followed within three months by a certification
that the report has been distributed to customers,
and that the information is correct and consistent
with the compliance monitoring data previously
submitted to the Agency.
*
.*
*
22.
As owner and operator of a community water system,
the
Respondent was required, prior to or on July
1,
2003,
to prepare
its 2002
CCR,
to distribute the 2002 CCR to customers and
Illinois
EPA,
and
to
make
a
good
faith
effort
to
reach
non-billed
users.
The Respondent was also required,
prior to or on October
1,
2003,
to certify to Illinois EPA that it had conformed with
these requirements.
23.
By failing to prepare and distribute its 2002 CCR to
customers at any time,
by failing to make a good faith effort to
inform
non-billed
users,
and
by
failing
to
send
a
copy
of
its
CCR
to
Illinois
EPA,
the
Respondent
violated Sections 611.882 and
611.885
of
the
Board
Drinking
Water
regulations,
35
Ill.
Adm.
Code Sections 611.882 and 611.885, and thereby also violated
Section
18
(a)
(2)
of
the
Act,
415
ILCS
5/18
(a)
(2)
(2002)
7
24.
By failing to certify to Illinois EPA,
by October
1,
2003,
that
it had complied with the Board CCR regulations,
the
Respondent violated Section 611.885 of the Board Drinking Water
regulations,
35
Ill. Adm.
Code 811.885, and thereby also viblated
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
Respondent,
VILLAGE OF CAPRON,
on Count
I:
1.
Authorizing a hearing in~thismatter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding
that
the
Respondent
has
violated
Section
18(a)
(2)
of
the
Act,
and
35
Ill.
Adm.
Code
Sections
611.882
and
611.885;
3.
Ordering the Respondent to cease and desist from any
further violations of Section 18(a) (2)
of the Act, and 35
Ill.
Adm. Code Sections 611.882 and 611.885;
4.
Ordering
the
Respondent
to
immediately
prepare,
and
submit to Illinois EPA,
its customers, and other users,
a
compliant Consumer Confidence Report for the year 2002;
5.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against
the
Respondent
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;
6.
Ordering the Respondent to pay all costs, pursuant to
8.
Section
42(f)
of
the
Act,
including
attorney,
expert
witness,
and
consultant
fees
expended
by
the
State
in
its
pursuit
of
this
action;
and
7.
Granting
such
other
relief
as
the
Board
deems
appropriate
and
just.
PEOPLE.OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN
Attorney
General
State
of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
.
RSMARI
AZEU,
ef
Envi
tal
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
9
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE.
OF
THE
STATE
OF
ILLINOIS,
Complainant,
vs.
)
No.
PCB
(Enforcement)
VILLAGE
OF
CAPRON,
an
Illinois
municipal
corporation,
Respondent.
CERTIFICATE
OF
SERVICE
I,
CHRISTOPHER
GRANT,
an attorney,
do certify that I caused
to be served this 20th day of July,
2004,
the foregoing Complaint
and Notice of Filing upon the person listed below, by certified
mail, by placing same in an envelope bearing sufficient postage
with the United States Postal Service located at 100
W.
Randolph,
Chicago Illinois and addressed to:
Service
List:
The
Honorable
John
Ustich,
President
The
Village
of
Capron
118
4th
Street
Capron,
Illinois
61012
CHRISTOPHER GRANT
