RECE~vE~
CLERK’S OFFICE
NOV
17
2004
STATE OF
PLUNOIS
Pollution COntrol Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
November
15, 2004
n
C)
The
Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center, Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People v.
Village of
North
City, an Illinois municipal corporation, et a!.
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.
Pleasefile 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.
KL/pp
Enclosures
500 South
Second Street,
Springfield,
Illinois
62706
•
(217) 782-1090
•
TTY: (217)
785-2771
•
Fax:
(217)
782-7046
100
West Randolph Street,
Chicago, Illinois
60601
•
(312)
814-3000
•
TTY:
(312)
814-3374
•
Fax:
(312)
814-3806
1001
East Main, Carbondale,
Illinois
62901
•
(61$) 5~i400
•
‘I’ll:
(618)
529—6403
•
lax:
(618)
529—6416
Lisa Madigan
ATTORNEY GENERAL
Kristen
Laughridge
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECE WED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
NOV
17
2004
PCB
No.
0
)
(Enforcement)
)
NOTICE
OF FILING
To:
VILLAGE
OF NORTH CITY
an Illinois municipal corporation
do Village
of North City Clerk
P.O.
Drawer E
Coello,
IL 62825
ALTMAN-CHARTER COMPANY
a Missouri corporation
do
Mark C.
Goldenberg
2227 S.
State
Route
157
Edwardsville,
IL 62025
LAWRENCE A. LIPE
& ASSOCIATES,
INC.
an
Illinois
corporation
do Lawrence
A.
Lipe
901
N.
DuQuoin
Street
P.O.
Drawer 130
Benton,
IL 62812
FURLONG
EXCAVATING, INC.
an
Illinois corporation
do
Brad
D.
Furlong
R.R.
1,
Box 71-C
Kell,
IL 62853-9725
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.
)
)
)
)
)
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs.
VILLAGE OF NORTH
CITY, an
Illinois
municipal
corporation;
LAWRENCE
A.
LIPE
& ASSOCIATES,
INC., an
Illinois corporation; ALTMAN-
CHARTER COMPANY, a Missouri
corporation;
and
FURLONG
EXCAVATING, INC.,
an Illinois
corporation,
Respondent.
1
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State
of Illinois
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: November 15, 2004
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Dhi~on
BY~
-
/
KRISTET~(LAUGH
GE
~
Assistant Attorney General
Environmental Bureau
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1(2002), to correct the pollution alleged in
the Complaint filed
in
this case.
2
CERTIFICATE
OF SERVICE
I
hereby certify that
I did
on
November
15,
2004, 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:
VILLAGE
OF NORTH
CITY~
an Illinois municipal
corporation
do Village of
North
City Clerk
P.O.
Drawer E
Coello,
IL 62825
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
A
copy was
also sent by First Class
Mail with
postage thereon fully prepaid
to:
LAWRENCE A. LIPE
& ASSOCIATES,
INC.
an Illinois
corporation
c/o Lawrence
A.
Lipe
901
N.
DuQuoin
Street
P.O.
Drawer
130
.~Benton,IL 62812
ALTMAN-CHARTER COMPANY
FURLONG
EXCAVATING, INC.
a Missouri corporation
an
Illinois
corporation
c/o
Mark C.
Goldenberg
c/o Brad
D.
Furlong
2227 S.
State
Route
157
R.R.
1,
Box 71-C
Edwardsville,
IL 62025
Kell,
IL 62853-9725
~
Kristen
Lau~19ridge~7
Ass istant Attorney General
This filing is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
NOV
172004
STATE OF ILLtNQI
PEOPLE OF THE STATE OF
)
POllution Control 8Jd
ILLINOIS,
-
)-
Complainant,
vs.
)
PCB No.
~2~)
(ENFORCEMENT)
VILLAGE OF NORTH CITY, an
)
Illinois municipal
corporation;
)
LAWRENCE
A.
LIPE & ASSOCIATES,
)
INC., an
Illinois
corporation; ALTMAN-
)
CHARTER COMPANY, a Missouri
)
corporation;
and
FURLONG
)
EXCAVATING, INC.,
an
Illinois
)
corporation,
)
Respondent.
)
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHRIDGE, 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 MAD IGAN
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Lit~ation
Division
‘~RISTEN~AdGH~~E~
Environmental
Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November
15, 2004
RECEFVED
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
NOV
172004
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
PCB NO.
)
(Enforcement)
VILLAGE OF NORTH CITY, an
Illinois
municipal
corporation;
LAWRENCE A.
LIPE &
ASSOCIATES,
INC.,
an
Illinois
corporation;
ALTMAN-CHARTER
COMPANY, a Missouri
corporation; and
FURLONG EXCAVATING,
INC., an
Illinois
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 NORTH
CITY,
LAWRENCE A.
LIPE
&
ASSOCIATES,
INC., ALTMAN-CHARTER COMPANY,
and
FURLONG
EXCAVATING,
INC.,
as follows:
COUNTI
1992 CONSTRUCTION VIOLATIONS
1.
This Complaint is brought
by the Attorney General
on her own
motion
and at
the
r
request of the Illinois Environmental Protection
Agency (“Illinois EPA”), pursuant to the terms
and ~rovisiohsof Section
31
of the Illinois
Environmental
Protection Act (“Act”), 415 ILCS 5/31
(2002).
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 (2002),
and
charged,
inter a/ia,
with the
duty of enforcing
the Act in
proceedings before
the
Illinois
Pollution
Control
Bard (“Board”).
3.
This Complaint is brought pursuant to Section
31
of the Act, 415
ILCS 5/31
(2002),
after providing the Respondents with
notice and the opportunity for a meeting with the
Illinois EPA.
4.
The Village of North
City (“Village”) is an
Illinois municipal corporation,
located
in
Franklin
County,
Illinois.
The Village’s public water supply provides water to approximately 825
people through approximately 320
direct service connections.
The Village
purchases finished
water from the
nearby City of Christopher.
The water is stored
in an
elevated tower before
being
pumped to the distribution
system.
The Village also owns
and operates
a wastewater
collection
system connected to the City of Christopher’s wastewater treatment
plant.
5.
Lawrence
A.
Lipe & Associates,
Inc.
(“Lipe & Associates”)
is an
Illinois
corporation.
At
all times relevant to this Complaint,
the Village has employed
Lipe & Associates
to serve as a
consulting
engineer to
design and
oversee construction of its drinking water and
wastewater systems.
6.
On
July 8,
1992,
the Illinois
EPA granted construction permit no. 1992-IA-0879
authorizing the Village to
construct
a new sewer system pursuant
to the final
plans
and
specifications
prepared
by Lipe
& Associates.
7.
Altman-Charter Company (“Altman-Charter”) is
a Missouri corporation
in good
standing
in the State of Illinois.
The Village employed
Altman-Charter to construct the new
sewer system according
to
the 1992
permit.
8.
Section
12 of the Illinois
Environmental
Protection Act, 415
ILCS
5/12
(2002), provides,
in pertinent part:
No person shall:
*
*
*
(c)
.
.
.
.
construct or install any sewer or sewage treatment facility.
without a permit granted
by the Agency.
*
*
*
9.
Section
309.202(a)
of the Board’s Water Pollution
Regulations,
35
III. Adm.
Code
309.202(a),
provides:
Except for treatment works or wastewater sources which have or will have discharges
for which NPDES
Permits are required,
and for which NPDES Permits have been issued
by the Agency:
a)
No
person shall cause or allow the construction of any new treatment
works, sewer or wastewater source
or cause
or allow the modification of
any existing treatment works, sewer or wastewater source without
a
-2-
construction permit issued
by the Agency.
.
10.
On
May23 and
28, 2003, the
Illinois
EPA inspected
a water main construction
site
in the City of.Christopher.
During this inspection, the Illinois
EPA observed
a sewage lift
station
and sewer force
main
operated
by the village and
located
in the vicinity of a water main
being
installed
by the City of Christopher.
Subsequent investigation determined
that this
lift
station and
force main
had
been constructed
during the Village’s 1992 project.
However, this
lift station
and force main were not included within the
1992 permit’s final plans
and
specifications
prepared
by Lipe & Associates.
11.
Subsequent
to the July 8,
1992,
issuance
of Illinois
EPA construction permit
no.
1992-lA-0879,
on a date better known to
the Respondents, the Village,
Lipe
& Associates, and
Altman-Charter caused or allowed the construction or installation
of a sewage
lift station
and
sewer force main
without a permit from the
Illinois
EPA.
12.
By constructing or installing
a
lift station and force
main without a permit granted
by the Illinois EPA, the Village,
Lipe & Associates,
and Altman-Charter have each violated
Section
12(c) of the Act, 415 ILCS 5/12(c)
(2002), and
Section 309.202(a) of the Board’s Water
Pollution
Regulations,
35
III.
Adm.
Code 309.202(a).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of The
State of
Illinois, respectfully request
that the
Board
enter an order against Respondents, VILLAGE
OF NORTH CITY, LAWRENCE
A.
LIPE
& ASSOCIATES,
INC.,
and ALTMAN-CHARTER COMPANY:
A.
Authorizing
a
hearing
in this matter at which time the
Respondents will
be
required to answer the allegations
herein;
B.
Finding that
Respondents
have
violated the Act and
regulations as
alleged
herein;
-3-
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 has
continued thereafter;
E.
Awarding
to Complainant its
costs and
reasonable
attorney’s fees; and
F.
Granting
such
other relief as the
Board
may deem
appropriate.
COUNT II
1999 CONSTRUCTION VIOLATIONS
1-
6.
Complainant repeats and
realleges paragraphs
1
through 6 of Count
I as
paragraphs
1
through 6 of Count
II.
7.
Section
15(a)
of the Act, 415
ILCS 5/1 5(a)
(2002),
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
L
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.
8.
Section
18(a) of the Illinois
Environmental
Protection Act,
415
ILCS 5/18(a)
(2002),
provides,
in
pertinent part:
(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.
***
9.
Section 602.101(b)
of the
Board’s Public Water Supplies
Regulations,
35
III.
-4-
Adm.
Code 602.101(b), provides:
b)
All work performed on
a public water supply shall be
in accordance with
accepted engineering practices.
10.
Section
653.1 19(b)(1)(A) of the Illinois EPA’s Public Water Supplies
Rules,
35
III.
Adm. Code
Section 653.11 9(b)(1)(A),
provides that “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.”
This horizontal
separation of water and
sewer lines is an
accepted engineering
practice.
11.
On
September 18,
1998,
the Illinois EPA granted construction permit no.
FYi 999-0485 authorizing the Village to
install
7,200 lineal feet of 6-inch water main and
16,500
lineal feet of 4-inch water main
pursuant to the
final
plans and specifications
prepared
by Lipe
&
Associates.
12.
Furlong Excavating,
Inc.
(“Furlong”),
is
an
Illinois corporation.
The Village
employed
Furlong to
install the water mains according
to the
1999 permit.
13.
On
May23
and 28, 2003,
the Illinois
EPA inspected
a water main construction
site
in the City of Christopher;
During
this inspection,
the
Illinoi.s EPA observed
a sewage lift
station and
sewer force
main operated
by the village and
located
in
the vicinity of a water main
being
installed by the City of Christopher.
Subsequent investigation determined
that this lift
station
and force
main
had been
constructed
during the Village’s
1992 project.
However, this
L
lift station
and force main were
not included within the 1992 permit’s final
plans
and
specifications
prepared
by
Lipe
& Associates.
14.
The
Illinois EPA’s investigation
also determined
that the sewage
lift station
and
sewer force
main were
not included within the
1999 permit’s final
plans and specifications
prepared
by Lipe & Associates for the installation of 7,200
lineal feet of 6-inch water main
and
16,500
lineal feet of 4-inch water main.
15.
On May23 and
28, 2003,
the
Illinois
EPA observed
that the Village’s sewage
force
main and
6-inch water main
were
located
next to each
other and
only 24
inches apart.
16.
Prior to the September 18,
1999,
issuance of Illinois EPA construction permit
no.
FYi 999-0485,
on a date
better known
to
the Respondents, the Village and
Lipe & Associates,
submitted
to the Illinois
EPA plans and specifications that were not complete and of sufficient
detail
to show all
proposed
construction,
changes, or additions that may affect the sanitary
quality,
mineral quality,
or adequacy of the public water supply.
17.
By failing
to submit complete plans and
specifications for the
1999 water main
permit, the Village and
Lipe
& Associates
have
violated
Section
15(a) of the Act, 415 ILCS
5/15(a)
(2002).
18.
Subsequent to
the September 18,
1999,
issuance
of Illinois
EPA construction
permit no.
FYi 999-0485,
on
a date better known to the Respondents, the Village,
Lipe
&
Associates, and
Furlong caused or allowed the construction orinstallation of a water main
without complying with
the Agency standard
and the accepted engineering practice of
maintaining ten feet of horizontal separation
between sewer and
water lines.
19.
By constructing or installing the 6-inch water main
without complying
with the
Agency standard
and the accepted engineering
practice of
maintaining ten feet of horizontal
separation
between
sewer and water lines, the Village, Lipe
& Associates,
and
Furlong have
violated Section
602.101(b) of the Board’s Public Water Supplies Regulations,
35
Ill. Adm.
-Code 602.101(b),
and
Section
653.119(b)(1)(A) of the
Illinois
EPA’s Public Water Supplies
Rules,
35
Ill.
Adm.
Code
Section 653.119(b)(1)(A).
20.
By violating
regulations or standards adopted
by
the Agency pursuant to Section
15(b) of this Act or by
the Board
under this Act, the Village,
Lipe & Associates,
and
FurlOng
have thereby violated
Section
1 8(a)(2)
of the Act, 415
ILCS 5/1 8(a)(2) (2002).
PRAYER
FOR RELIEF
-6-
WHEREFORE,
Complainant, the People of The
State of Illinois, respectfully request
that the
Board
enter an
order against Respondents, VILLAGE
OF NORTH
CITY, LAWRENCE
-
A.
LIPE
& ASSOCIATES,
INC.,
and
FURLONG EXCAVATING,
INC.:
-
A.
Authorizing a hearing
in this matter
at which time the Respondents will
be
required to
answer the allegations
herein;
B.
Finding that Respondents
have 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 has
continued thereafter;
E.
Awarding’to Complainant
its costs and
reasonable attorney’s fees;
and
F.
Granting
such other
relief as
the
Board
may deem appropriate.
-
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS,
ex rèl.
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
Of Counsel:
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South Second Street
Springfield,
Illinois
62706
217/782-7968
Dated:
,‘/
//
~—/~
~
-7-
