RECEIVED
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARDCLEp~’5
OFFICE
PEOPLE OF THE STATE OF
ILLiNOIS,
)
JUN
152005
)
STATE OF
ILLINOIS
Complainant,
)
Poflution
Control Board
)
)
FIRST ROCKFORD
GROUP, INC., an Illinois
)
PCB 05-
p—I
-~
corporation, VILLAGE OF CHERRY VALLEY,
)
an Illinois municipal corporation, HERITAGE
)
ENGINEERING, LTD., an Illinois corporation,
)
and SCHLICHTING & SONS EXCAVATING,
)
INC., an Illinois corporation,
)
)
Respondents.
)
NOTICE OF
FILING
TO:
See
Service List
PLEASE TAKE NOTICE that I have today filed the Complaint with the Office ofthe
Clerk ofthe Illinois Pollution Control Board, a true and correct copy ofwhich is attached hereto
and herewith served upon you.
Pursuant to
35
Ill. Adm.
Code 103.204(f), I am required to
advise you that failure to
file an answer to this Complaint within 60 days may have severe
consequences.
Failure to
answerwill meanthat all allegations in the Complaint will be taken as
if admitted forpurposes 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.
Pursuant to
415
ILCS
5/31(c)(l),
I am required to
advise you that financing may be available
through the Illinois Environmental Facilities Financing Act to correct the violations.
PEOPLE
OF THE STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
BY:
~
BRID~TM. CARLSON
Assisthf~itAttorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, illinois 60601
(312) 814-0608
SERVICE LIST
• Cherry Valley
Stephan Appell, Village President
Village of Cherry Valley
806 East State Street
Cherry Valley, Illinois
61016
Mr.
James E.
Stevens
Barrick, Switzer,
Long, Balsley & Van Evera
One Madison Street
Rockford, Illinois
61104
Schlichting & Sons Excavating, Inc.
Mr. Bruce Schlichting
Schlichting &
Sons Excavating
8966 East State
Street
Rockford, Illinois
61108
Mr. Jack D. Ward
Reno,
ZaEm, Folgate,
Lindberg & Powell
2902 McFarland Road
Suite400
Rockford, illinois
61107
First Rockford Group
Mr. Sunil Pun
First Rockford Group
6801
Spring Creek Road
Rockford, Illinois
61114
Ms. PaTrisha Gibbs
First RockfordGroup
6801
Spring Creek Road
Rockford, Illinois
61114
Heritage Engineering
Mr. John P. Malburg
Heritage Engineering Ltd.
345 Executive Parkway
Suite Ml
Rockford, Illinois
61125
RECEIVED
CLEpj
~
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUN
152005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control
Board
Complainant,
)
)
FIRST ROCKFORD GROUP, INC., an Illinois
)
PCB
05-
corporation, VILLAGE OF CHERRY VALLEY,
)
an Illinois municipal corporation, HERITAGE
)
ENGINEERING,
LTD., an Illinois
corporation,
)
and SCHLICHTING
& SONS EXCAVATING,
)
INC.,
an Illinois corporation,
)
)
Respondents.
)
COMPLAINT
Complainant, People ofthe State of
Illinois,
ex rel.
LISA MADIGAN, Attorney General
ofthe State ofIllinois, complains ofRespondents, HERITAGE ENGINEERING, LTD., an
Illinois corporation, FIRST ROCKFORD GROUP, INC., an Illinois corporation, VILLAGE OF
CHERRY VALLEY, an Illinois municipal corporation, and
SCHLICHTING & SONS
EXCAVATING INC., an Illinois corporation, as follows:
COUNT I
CONSTRUCTION OF POTABLE WATER LINES WITHOUT A PERMIT
1.
This count is broughton behalf of thePEOPLE OFTHESTATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General of the State ofillinois,
against HERITAGE
ENGINEERING,
LTD., an Illinois corporation, FIRST
ROCKFORD GROUP,
INC., an Illinois
•corporation, and VILLAGE OF CHERRY VALLEY, an Illinois municipal corporation on her
own motion and at the request ofthe Illinois EPA pursuant to Section
31 ofthe Illinois
Environmental Protection Act, 415 ILCS
5/31 (2002) (“Act”).
1
2.
This count is also brought on behalfofthe PEOPLE
OF THE STATE OF•
•
ILLINOIS,
e,xreL
LISA MADIGAN, Attorney General ofthe State ofIllinois, against
SCHLICHTING & SONS EXCAVATING INC., an Illinois corporation, on her ownmotion
pursuant to Section 42 ofthe Illinois Environmental Protection Act, 415 ILCS
5/42
(2002)
(“Act”).
3.
The Illinois EPA is an administrative agency established in the executive branch
ofthe State
government by Section 4 ofthe Act, 415
1LCS
5/4 (2002), and charged,
inter alia,
with the duty ofenforcing the Act.
4.
At all times relevant to this Complaint, Respondent,
FIRST ROCKFORD
GROUP, INC. (“First Rockford”) has been an Illinois corporation qualified to do business in the
State ofIllinois.
The principal place of business for First Rockford is located at 6801
Spring
Creek Road, Rockford, Illinois, 61114.
5.
Respondent First RockfOrd is a development company undertaking a development
project
at the GolfHill subdivision (“Site”), a 78 home development located in Cherry Valley,
Winnebago
County, Illinois.
6.
At all times relevant to this Complaint, Respondent, HERITAGE
•
ENGINEERING, LTD.
(“Heritage”) has been an Illinois corporation qualified to do business in
the State ofIllinois.
The principal place ofbusiness for Heritage is located at 345
Executive
Parkway, Suite Ml, Post Office Box 5145, Rockford, Illinois, 61125-0145.
7.
Respondent Heritage acted as Respondent First Rockford’s engineer in
developing Site grading plans, potable water and
sewer installation plans, and in completing
necessary permit application forms for development work at the Site.
2
8.
At all times relevant to this Complaint, Respondent, the VILLAGE OF CHERRY
VALLEY (“Cherry Valley”) has been an Illinois municipal corporation.
The mailing address for
Cherry Valleyis
806 East State Street, Cherry Valley, Illinois 61016.
9.
Respondent Cherry Valleyis the owner ofthe public water supply system to
which the potable water system at the development Site is attached.
10.
At all times relevant to this
Complaint, Respondent SCHLICHTING & SONS
EXCAVATING INC. (“Schlichting &
Sons”) has been an Illinois
corporation qualified to do
business in the State ofIllinois.
The principal place ofbusiness for Schlichting &
Sons is located
at 8966 East State
Street, Rockford, Illinois,
61108.
11.
Respondent, Schlichting & Sons, was the construction contractor who installed
thepotable water lines at the GolfHill subdivision.
12.
Respondent Heritage prepared a construction permit application for potable water
lines at the Site on behalf ofRespondent First Rockford.
On September 24, 2003, First Rockford
and Heritage signed the permit application.
13.
On October 7, 2003, Respondent Cherry Valley signed the permit application.
Shortly thereafter, thepermit application was submitted to the Illinois
EPA.
14.
On October 28, 2003, prior to the issuance of a construction permit for the project
by the Illinois EPA, Respondents First Rockford, Cherry Valley, Heritage and Schlichting &
Sons
directed, commenced and/or allowed the construction of the potable water line at the
development Site.
15.
OnOctober29,30,31,November3,6,7,8,9,
10,11,12,13,14,
l5and
17,
2003, Respondent Cherry Valley inspected the on-going construction ofthe water line.
3
16.
•
On or aboutNovember 11, 2003, the Illinois EPA received information that
construction had occurred on a potable water supply line at the Site, prior to the issuance ofa
construction permit for the project by the Illinois EPA.
17.
OnNovember
18, 2003,
an illinois EPA potable water line construction permit
was eventually issued for the Site.
18.
As a result of the Respondents’ construction ofpotable water lines without a
construction permit at the
Site, the Illinois EPA sent Respondents Heritage, First Rockford and
Cherry Valley, violation notice (“VN”) letters on May 18, 2004.
19.
Section
15 of the Act, 415 ILCS
5/15
(2002), provides, in pertinentpart, as
follows:
•
(a)
Owners ofpublic water supplies, their authorized representative, or legal
custodians, shall submit plans and specifications to the Agency and obtain
written approval before construction ofany proposed publicwater supply
installations,
changes, or additions is
started.
Plans and specifications
shall be complete and ofsufficient detail to show all proposed
construction,
changes, or additions that may affect sanitary quality,
mineral quality, or adequacy ofthe 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.
20.
Illinois EPA’s review ofpotable water supply construction permit applications
and issuance ofconstruction permits are necessary to
ensure potable water sources for the public
are safe and sanitary.
21.
Section 602.101(a) ofthe Illinois Pollution Control Board (“Board”) Public Water
Supplies Regulations, 35 Ill. Adm. Code 602.101(a), provides as follows:
No person shall cause or allow the construction ofany new public water supply
installation or cause or allow the change ofor addition to any existing public
water supply, without a construction permit issued by the Environmental
Protection Agency (Agency).
4
22.
Section 3.315 ofthe Act, 415 ILCS
5/3.3 15 (2002), contains the following
definition:
“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.
23.
Respondents First Rockford, Heritage and Schlichting
& Sons are corporations,
and Cherry Valley is a political subdivision, and are therefore
“persons” as the term is defined in
Section 3.315 ofthe Act, 415 ILCS
5/3.315 (2002).
24.
At all times relevant to this Complaint, Respondent Cheny Valley was the owner
of the public water supply system,
and First Rockford, Heritage and Schlichting & Sons have
been the owner’s authorized representatives or legal custodians ofthe public water supply
systems.
25.
Sections 3.365
and 3.145 ofthe Act,
415 ILCS 5/3.365 and 5/3.145 (2002),
respectively, provide the following definitions:
Section 3.365 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”.
Section 3.145 provides
as follows:
“COMMUNITY WATER SUPPLY” means a public supply which serves or is
intended to serve at least 15
service connections used by residents or regularly
serves at least 25 residents.
5
26.
The water supply constructed at the Site is a “public water supply” (“PWS”) and
a
“community water supply” (“CWS”) as those terms are defined respectively in Sections 3.365
and 3.145 of the Act, 415
ILCS 5/3.365 and
5/3.145 (2002).
27.
•
From October 28, 2003, or a date better known to
Respondents, through at least
November 17, 2003, Respondents caused or allowed the construction, installation, changes or
additions
to potable water supply lines at the Site without first obtaining written approval for an
Illinois EPA construction permit before the work started.
28.
Respondent, First Rockford, the authorized representative or legal custodian of
the public water supply system,
as the developer ofthe Site and signatory ofthe Illinois
EPA
construction permit application, caused or allowed the construction, installation, changes or
additions to potable water supply lines at the Site without first obtaining written approval for an
Illinois EPA construction permit in violation ofSection
15 ofthe Act, 415
ILCS
5/15
(2002), and
Section 602.101(a) ofthe Board’s Public Water Supplies Regulations,
35 Ill. Adm. Code
602.101(a).
29.
Respondent, Cherry Valley, as the owner and official custodian ofthe public
water supply system and signatory ofthe Illinois EPA construction permit, caused or allowed the
construction, installation, changes or additions to potable water supply lines at the Site without
first obtaining written approval for an Illinois EPA construction permit in violation of Section
15
of the Act, 415 ILCS
5/15(2002), and Section 602.101(a) ofthe Board’s Public Water Supplies
Regulations, 35 Ill. Adm.
Code 602.101(a).
30.
Respondent, Heritage,
as the consulting engineer and the authorized
representative ofthe public water supply system, and as signatory ofthe Illinois EPA
construction permit application, caused or allowed the construction, installation, changes or
6
additions to potable water supply lines at the Site without a construction permit and failed to
obtain written approval before construction ofany proposedpublic water supply installations in
violation ofSection
15 ofthe Act, 415 ILCS
5/15 (2002), and Section 602.101(a) ofthe Board’s
Public Water Supplies Regulations, 35
111.
Adm. Code
602.101(a).
31.
Respondent, Schlichting &
Sons, as the construction contractor and the
authorized representative of thepublic water supply system, caused or allowed the construction,
installation,
changes or additions to potable water supply lines atthe Site without a construction
permit and failed to obtain written approval before construction ofany proposed public water
supply installations in violation ofSection
15 ofthe Act, 415 ILCS
5/15
(2002), and Section
602.101(a) ofthe Board’s Public Water Supplies Regulations,
35 Ill. Adm.
Code 602.101(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLiNOIS, respectfully
requests that the Board enter an order against Respondents, FIRST ROCKFORD GROUP, LTD.,
the VILLAGE OF
CHERRY VALLEY, HERITAGE ENGINEERING, INC., and
SCHLICHTING & SONS EXCAVATING INC. on this Count I:
1.
Authorizing a hearing in this matter at which time the Respondents will be
required to answerthe allegations herein;
2.
Finding that Respondents have caused or allowed violations of Section
15 of the
Act
and 35
Iii. Adm.
Code 602.101(a);
3.
Ordering the Respondents to cease and desist from any further violations of
Section
15 ofthe Act and 35 Ill. Adm. Code 602.101(a);
4.
Assessing a civil penalty of $50,000.00 against eachRespondent for each
violation ofthe Act and pertinent Board regulations, with an additional penalty of$10,000.00 per
day for each day that the violations continued;
7
5.
Taxing all costs in this action, including expertwitness, consultant and attorneys
fees, against Respondents; and,
6.
Granting such other relief as the Board deems appropriate and just.
VIOLATIONS AGAINST
CHERRY VALLEY
COUNT
II
ALLOWING THE CONSTRUCTION OF POTABLE WATER LINES PRIORTO
OBTAINING A CONSTRUCTION PERMIT
1.
This count is brought on behalf.ofthe PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISAMADIGAN, Attorney General ofthe State ofIllinois, against the VILLAGE OF
CHERRY VALLEY, an Illinois municipal corporation on her own motion and at the request of
the Illinois EPA pursuant to
Section 31 ofthe Illinois Environmental Protection Act, 415 ILCS
5/31 (2002).
2.
-
23. Complainant realleges and incorporates herein by reference paragraphs 3 through
18, 20, and 22 through 26 of Count I as paragraphs 2 through 23 ofthis Count II.
24.
Section 652.101(a) ofthe Illinois EPA’s Public Water Supplies Regulations,
35
Ill. Adm. Code 652.101(a)(2002), provides as follows:
Construction permits shall be obtained by the official custodian ofa community
water supply prior to beginning construction of any proposed communitywater
supply and prior to all alterations, changes or additions to an existing community
water supply which may affect the sanitary quality, mineral quality or adequacy
of the supply including
changes pursuant to
35111. Adm. Code
653.115.
25.
Section 601.105 ofthe Board’s Public Water Supplies regulations, 35
Ill. Adm.
Code 601.105, provides the following definition:
“Official Custodian” means any officer ofan organizationwhich is the owner or
operator ofa public water supply, and who has direct administrative responsibility.
8
for the supply.
26.
Respondent Cherry Valley is an “official custodian” ofthe public water supply
system at the
Site, as that term is defined in Section 601.105 ofthe Board’s Public Water
Supplies regulations,
35 Ill. Adm. Code 601.105.
27.
From October 28, 2003, or a date better known to Respondent, through at least
November 17, 2003,
as official custodian of its community water supply, the Respondent Cherry
Valley failed to obtain an Illinois EPA construction permit for the potable water lines prior to
beginning alterations, changes or additions to
an existing communitywater supply which affect
the sanitary quality, mineral quality or adequacy ofthe supply
at the Site.
28.
Respondent, Cherry Valley, as owner and official custodian of its community
water supply and signatory ofthe Illinois EPA construction permit, caused or allowed the
construction ofpotable water lines at the Site without a construction permit
in violation of35 ill.
Adm. Code
652.101(a) ofthe Illinois EPA’s Public Water Supplies Regulations, 35 ill. Adm.
Code 652.101(a).
WHEREFORE, Complainant, PEOPLE
OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent VILLAGE OF CHERRY VALLEY on
this Count II:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has caused or allowed violation of35 Ill. Adm.
Code
652.101(a);
3.
Ordering the Respondent to cease and desist from any further violations of35
Ill.
Adm.
Code 652.101(a);
9
4.
Assessing a civil penalty of$50,000.00 against the Respondent for each violation
ofthe Act and pertinent Board regulations, with an additional penalty of $10,000.00 per day for
each day that the violations
continued;
•
5.
Ordering Respondent to pay all
costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit ofthis action; and
6.
Granting such other relief as this Board deems appropriate and just.
PEOPLE OF
THE STATE OF ILLINOIS
LISA MADIGAN,
•
Attorney General ofthe
State ofIllinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigaf
Division
By:
~
ROSEMARIE CAZEAU, Chi
Environmental Bureau
Assistant Attorney General
OfCouns~k
Bridget M. Carlson
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago,
IL 60601
(312) 814-0608
•
10•
CERTIFICATE OF SERVICE
It is hereby certified
that a true and correctcopyofthe Complaint was sentby certified
mail with return receipt requested to each ofthe persons listed on the Notice ofFiling on June
15,
2005.
BY:
______________
BRIDGEt M. CARLSON
It is hereby certified that the originals plus nine (9) copies ofthe foregoing were hand-
delivered to the following person on June 15, 2005:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
___________
BRIL~TM. CARLSON
