RECEIVED
fl
CLF.R~’SOFFICE
JAN
-
STATE OF ILLINOIS
Pollution
Control Board
OFFICE
OF
THE
ATFORNEY
GENERAL
STATE
OF ILLINOIS
December 30,
1999
1~I_B
OO—/t?
Jim Ryan
ATTORNEY
GENERAL
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
State of Illinois Center
100 West Randolph
Chicago,
IL
60601
Re:
People v.
Illinois-American Water Co.
Unfiled
Dear Clerk Gunn:
Enclosed for filing please find
the original
and ten copies of a COMPLAINT
and NOTICE
OF FILING
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.
Sincerely,
Angela Eaton
Hamilton
Environmental Bureau
500 South
Second Street
Springfield,
Illinois
62706
(217)
782-9031
AEH:cc
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
TFY:
(312) 814-3374
FAX: (312) 814-3806
1001
East Main, Carbondale,
Illinois
62901
(618) 529-6400
•
TTY: (618)
529-6403
•
FAX:
(618) 529-6416
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
PEOPLE OF THE
STATE OF ILLINOIS,
)
JAN
-~
4
2000
Complainant,
)
STATE OF ILLINOIS
)
Pollution
Control Board
v.
)
PCB
NO.
ILLINOIS-AM ERICAN WATER CO.
)
)
Respondents.
)
NOTICE
OF FILING
To:
Sue Schultz
General Counsel
330
N. Water Works Drive
P.O.
Box 24040
Belleville,
Illinois 62223-9040
PLEASE
TAKE
NOTICE
that on this
date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of the State
of Illinois,
COMPLAINT,
a copy
of which
is attached
hereto and
herewith served
upon you.
FURTHER, please take notice
that financing
may be available, through the Illinois
Environmental Facilities
Financing Act,
20
ILCS 351 5/1
(1994),
to
correct the pollution alleged
in the complaint
filed
in
this case.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
JAMES
E.
RYAN
ATTORNEY GENERAL
MATTHEW J.
DUNN, Chief
Enviro
mental
Enforcemen
Division
BY:______________
ANGELA EATON HAMILTON
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
December 30,
1999
I
RECEIVED
CLFRI~’S
()PFI(
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
JAN
4
2000
STATE OF
ILLINOIS
PEOPLE OF THE STATE
OF
)
Pollution
Control
Board
Complainant,
v.
)
PCBNO.
OO~lL’~
)
(Enforcement)
ILLINOIS-AMERICAN WATER CO.
)
an Illinois corporation,
)
Respondent.
COMPLAINT
Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
by JAMES
E.
RYAN, Attorney
General of the State of
Illinois,
complains of Respondent,
ILLINOIS-AMERICAN WATER
COMPANY,
as follows:
COUNT
I
WATER MAIN INSTALLATION VIOLATIONS
I.
This Complaint is brought by the Attorney General on
his 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
(1998).
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 (1998),
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
of the Act, 415
ILCS 5/31
(1998), after providing the Respondent with
notice and
the opportunity for a meeting with the
Illinois EPA.
4.
Respondent,
ILLINOIS-AMERICAN WATER COMPANY,
an
Illinois corporation,
is a “public water supply” as that term
is defined under Section
3.28 of the Act, 415
ILCS 5/3.28
(1996), 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.
5.
Defendant’s
public water supply is a “public water system”
(“PWS”), and
a
“community water system”
(“CWS”),
as those terms
are defined
under Section
611.101
of the
Pollution
Control
Board’s (“Board”)
Public Water Supplies Regulations,
35
Ill.
Adm.
Code
611.101
(1996),
as follows:
“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.
*
*
*
“PUBLIC WATER SYSTEM” or “PWS”
means a system for the provision
to the
public
of piped water for human consumption,
if such system
has at least fifteen
service connections or regularly serves an average of atleast 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.
2
6.
At all times relevant to this Complaint,
the Respondent has owned six public
water supplies,
serving
a total population
of approximately 422,701
people through
approximately 144,261
direct service connections.
The Northern (Peoria)
Division of
ILLINOIS-
AMERICAN WATER COMPANY serves approximately 158,564 consumers through 47,581
direct connections.
7.
ILLINOIS-AMERICAN WATER COMPANY maintains its
headquarters at 300
N.
Water Works Drive,
P.O.
Box 24040,
Belleville,
Illinois 62223-9040.
The operations for the
Northern
Division of ILLINOIS-AMERICAN WATER COMPANY are located
at
123 SW.
Washington Street,
Peoria,
Illinois 61602.
8.
Section
18(a) of the Act, 415 ILCS 5/18(a) (1996),
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 Board
under this Act.
*
*
*
9.
Respondent,
is
a “person” as that term is defined
under Section
3.26 of the Act,
415
ILCS 5/3.26 (1996),
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.
10.
Section
601.101
of the Board’s Public Water Supplies Regulations,
35111.
Adm.
Code 601.101
(1996),
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.)
3
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.
11.
Section
607.104 of the Board’s Public Water Supplies
Regulations,
35
Ill. Adm.
Code 607.104, provides that:
a)
No physical connection
shall
be permitted
between the
potable
portion of a supply and any other water supply
not
of equal or better bacteriological
and
chemical quality as
determined by inspection
and analysis by the Agency,
except as provided for
in subsection
(d).
b)
There
shall
be no arrangement
bywhich
an
unsafe
substance
may enter a supply...
(emphasis supplied)
12.
Section
601.105 of the Board’s Public Water Supplies Regulations,
35
III.
Adm.
Code 601.105, defines “water main” as:
Any pipe for the purpose of distribution of potable water which
serves or is accessible
to
more than one
property, dwelling, or
rental
unit,
and is exterior to buildings.
13.
Section 653.119 of the Board’s Public Water Supplies
Regulations,
35
Ill.
Adm.
Code 653.119,
provides that:
Water
mains and water service lines shall
be protected from
sanitary sewers, storm sewers, combined sewers,
house sewer
service 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
B)
Water mains may be
laid closer than ten
feet to a sewer line when:
i)
local conditions prevent a lateral
separation of ten feet;
ii)
the water main
invert
is at least
18
inches above the crown
of the
sewer; and
iii)
the water main
is either
in a
separate trench
or in
the same
trench
on an
undisturbed earth
shelf
located
to one side of the sewer.
C)
Both the water
main and
drain or sewer
shall be
constructed of slip-on
or
mechanical joint cast or ductile iron
pipe,
asbestos-cement pressure pipe,
prestressed concrete pipe,
or PVC pipe
meeting the requirements of Section
653.111
when it is impossible to meet (A)
or (B) above.
The drain or sewer shall
be
pressure tested to the maximum expected
surcharge head before
backfilling.
2)
Vertical
Separation:
A)
A water main shall
be laid so that its
invert
is
18 inches above the crown of the drain
or sewer 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)
Both the water main and
sewer shall
be
constructed of slip-on or mechanical joint
cast or ductile
iron pipe,
asbestos-cement
pressure pipe, prestressed
concrete
pipe,
or PVC pipe
meeting requirements of
Section
653.111
when:
i)
it is impossible to
obtain the proper
vertical separation as described
in
(A) above;
or
5
ii)
the water main
passes
under
a
sewer or drain.
C)
A vertical separation of
18
inches between
the invert of the sewer or drain and
the
crown
of the water main shall
be
maintained where
a water main
crosses
under a sewer.
Support
the sewer or drain
lines to
prevent settling and
breaking
the
water main.
D)
Construction shall extend
on each
side of
the crossing until
the normal distance from
the water main
to the sewer or drain
line is
at least ten feet.
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 the same as the water
main
separation described
in
(a) above.
2)
Water
pipe described
in
(a) above shall be
used
for sewer service lines when minimum horizontal
and vertical separation cannot
be maintained.
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.
e)
Water mains and water service
lines shall be
protected
against entrance of hydrocarbons through diffusion
through any material
used
in
construction of the line.
6
14.
In
November of 1997,
the Respondent installed a water main
extension at the
intersection of Cedar Hills and
Route 29
in
Peoria,
Illinois without maintaining the required
physical separation from a nearby septic system.
15.
By failing to maintain the required physical separation
between a water main
and a septic system,
the Respondent violated
Section
18
of the Act, 415
ILCS 5/18
(1998)
and
Sections 601,
607.104(b), and 653.119 of the Pollution
Control
Board
regulations,
35111.
Adm.
Code 601.101, 607.104(b),
and 653.119.
16.
By constructing a water main within twenty-five (25)
feet of a septic system, the
Respondent threatened serious injury
to human health
in violation of
Section
18 of the Act,
415 ILCS 5/18 and
sections 601.101, 607.104(b), and 653.119 of the Board’s requirements,
35
Ill.
Adm.
Code 601.101, 607.104(b), and
653.119.
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE OF THE STATE
OF ILLINOIS,
respectfully
request that the Board enter an order
against the Respondent, ILLINOIS-AMERICAN WATER
COMPANY:
A.
Authorizing a
hearing
in this matter at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that
Respondent has violated
the Act and regulations as alleged
herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 4/42(a)
(1998),
impose
upon the
Respondent a monetary
penalty of not more than the statutory maximum;
D.
Pursuant to
Section42(f) of the Act, 415
ILCS 5/42(f) (1998),
award the
Complainant its cost
in this matter,
including reasonable
attorney’s fees
and expert witness
costs; and
E.
Grant such other and further relief as the Board deems appropriate.
7
COUNT
II
FAILURE TO CONSTRUCT WATER MAIN
IN ACCORDANCE WITH
PERMIT
1-14.
Complainant realleges and
incorporates herein
paragraphs lthrough
14 of Count
1
as paragraphs
1
through
14 of this Count
II.
15.
Section
15 of the Act, 415
ILCS 5/15 (1998),
provides,
in
pertinent part:
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.
16.
Section
17(a) of the Act, 415 ILCS 5/17
(1998),
provides,
in pertinent part:
The Board
may adopt regulations governing the location, design,
construction,
and
continuous operation and
maintenance of
public water supply installations,
changes or additions
which may
affect the continuous sanitary quality,
mineral quality,
or
adequacy of the public water supply,
pursuant to Title VII of this
Act.
17.
Section 602.101
of the Board’s Public Water Supplies Regulations,
35111. Adm.
Code 602.101,
provides that:
Construction
Permit:
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 (Agency)...
b)
All work
performed on a
public water supply shall
be in accordance with
accepted engineering practices.
8
18.
Section 602.115 of the Board’s Public Water Supplies Regulations,
35111.
Adm.
Code 602.115,
provides that:
a)
The Agency may adopt criteria, published
in the form of
Technical
Policy Statements (Illinois EPA regulations), for
the design,
operation
and
maintenance of public water
supply facilities as necessary to insure safe, adequate,
and
clean water.
These criteria shall be
revised from
time to
time to
reflect current engineering judgment and
advances
in the state of the art.
b)
Before adding new
criteria or making substantive
changes to any Technical
Policy Statement,
the Agency
shall comply with the provisions of the Administrative
Procedure Act.
19.
In
November 1997,
the Respondent failed
to construct a water main
extension
in accordance with
Illinois EPA DPWS Permit #1371 FYI997.
The Respondent constructed
a
water main within
25 feet of a septic tank and
disposal fields.
20.
By failing to
construct the water main
extension in accordance with
Illinois
EPA DPWS
Permit #1371 FY1997,
Respondent violated
Sections
15,
17(a),
and
18 of
the
Act, 415
ILCS 5/15,
5/17
(a) and
5/18 (1998) and the requirements within 35
Ill. Adm.
Code 601.101,
602.101, 607.104(b),
and 653.119
(1998).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE
OF THE STATE
OF ILLINOIS, respectfully
request that the Board enter an
order against the Respondent,
ILLINOIS-AMERICAN WATER
COMPANY:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required
to answer the allegations herein;
B.
Finding
that Respondent has
violated the Act and
regulations as alleged
herein;
C.
Pursuant to Section 42(a) of the Act, 415
ILCS 4/42(a)
(1998),
impose upon the
Respondent a monetary penalty of not more than
the statutory maximum;
9
D.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (1998),
award the
Complainant its cost
in this matter,
including reasonable attorney’s fees and
expert witness
costs;
and
E.
Grant such other and
further relief as the Board deems
appropriate.
PEOPLE
OF THE STATE
OF ILLINOIS
JAMES
E.
RYAN,
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
Angela
Eaton
Hamilton
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
December 30, 1999
10
CERTIFICATE
OF SERVICE
I
hereby certify that
I
did on the 30th
day of December,
1999,
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
COMPLAINT and
NOTICE OF FILING
To:
Sue
Schultz
General
Counsel
330
N. Water
Works Drive
P.O. Box 24040
Belleville,
Illinois 62223-9040
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
ANGEtA
EATON HAMILTON
Assistant Attorney General
This filing is submitted on
recycled paper.
