RECEIV~D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN29 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIS
I
)
Pollutiop Control
Board
,~--~?j~-1
v.
)
No. PCB
~
RON FREEMAN, individually, and
d/b/a HARBOR LITES
-
PISTAKEE
FISHING CLUB,
Respondent.
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on June 29, 2005, we filed with the
Illinois Pollution Control Board a Complaint, a true and correct
copy of which is attached and hereby 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.
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
BY:
~
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-5282
SERVICE LIST
Attn: Ronald Freeman
Arcadia Village, Lot 532
2692 NE Highway 70
Arcadi-a, Florida 34266
Ronald Freeman
Harbor Lites
-
Pistakee Fishing Club
33418 North Lakeshore Drive
Wildwood, Illinois 60030
Ronald Freeman
200 Mainsail Drive
Third Lake, Illinois 60030
CLERK’S OFPiGE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN29 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILLINOIS
ex rel.
LISA MADIGAN, Attorney General )
PQIIUtIOn Control
Board
Of the State of Illinois,
Complainant,
)
PCBNO.
v.
RON FREEMAN, individually, and d/b/a
HARBOR LITES-PISTAKEE FISHING CLUB,
Respondent.
COMPLAINT
The PEOPLE OF THE STATE OFIllinois,
ex rel.
LISA MADIGAN,
on her own motion and on behalf of the Illinois Environmental
Protection Agency, complains of Respondent RON FREEMAN,
individually and d/b/a HARBOR LITES-PISTAKEE FISHING CLUB, as
follows:
COUNT I
MONITORING AND REPORTING VIOLATIONS
1. This is a civil action 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 Section 31 of the Illinois Environmental Protection
Act (“Act”)
,
415 ILCS 5/31 (2002)
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 charged,
inter
alia,
with the duty of
enforcing the Act. The Illinois EPA is further charged with the
duty of abating violations of the Federal Safe Drinking Water
Act, 42 U.S.C. 300(f) et seq. (2004).
3. At all times relevant to this Complaint, Ron Freeman
(“Respondent”) owned and operated a potable water distribution
system serving approximately 100 residents, members and guests of
the Harbor Lites- Pistakee Fishing Club (“Harbor Lites”) located
at 33418 Lake Shore Drive, Grayslake, Illinois 60030.
4. Section 3.365 of the Act, 415 ILCS 5/3.365 (2004),
contains the following definition:
“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”.
5. Section 3.145 of the Act, 415 ILCS 5/3.145 (2002),
contains,, in pertinent part, the following definition:
“Community water supply” means a public water supply
which serves or is intended to serve at least 15
service connections used by
.
residents Or regularly
serves at least 25 residents.
.
6. At all times relevant to this Complaint, Respondent
owned and operated a “public water supply,” as the term is
defined in Section 3.365 of the Act (“Act”), 415 ILCS 5/3.365
(2002), and further defined as a “community water supply” as
defined in Section 3.145 of the Act, 415 ILCS 5/3.145 (2002).
7. All community water supplies must achieve and maintain
compliance with the monitoring and reporting requirements of the
Environmental Protection Act, as well as Illinois Pollution
Control Board’s regulations.
8. Section 19 of the Act, 415 ILCS 5/19 (2002), provides
in pertinent parts as follows:
Owners or official custodians of public water supplies
shall submit such samples of water for analysis and
such reports of operation pertaining to the sanitary
quality, mineral quality, or adequacy of such supplies
as may be requested by the Agency. Such samples and
reports shall be submitted within 15 days after.demand
by the Agency.
9. Section 611.356(d) (1) of the Illinois Pollution Control
Board’s Primary Drinking Water Standards, 35 Ill. Adm. Code
611.356(d) (1), provides as follows:
Tap Water Monitoring for Lead and Copper
***
d) Timing of monitoring.
1) Initial tap sampling. The first six-
month monitoring period for small, medium-
sized and large system suppliers must begin
on the dates specified in Table E of this
Part.
A) All large system suppliers must
monitor during each of two consecutive
six-month periods.
B) All small- and medium-sized system
suppliers must monitor during each
consecutive six-month monitoring period
until the following is true:
i) The supplier exceeds the lead
action level or the copper action
level and is therefore required to
implement the corrosion control
treatment requirements under
Section 611.351, in which case the
supplier must continue monitoring
in accordance with subsection
(d)(2) of this Section; or
ii) The supplier meets the lead
action level and the copper action
level during each of two
consecutive six-month monitoring
periods, in which case the supplier
may reduce monitoring in accordance
with subsection (d) (4) of this
Section.
10. Section 611.356(d) (1) required Respondent to submit
lead and copper samples for the six month period between July 1,
2002, to December 31, 2002.
11. Respondent failed to submit lead and copper samples
results for Harbor Lites for the six month period between July 1,
2002, and December 31, 2002, in violation of Section 19 of the
Act, 415 ILCS 5/19 and 35 Ill. Adm. Code 611.356(d) (1).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests this Board to enter an Order in favor of
Complainant and against Respondent, Ron Freeman, individually and
d/b/a Harbor Lites-Pistakee Fishing Club:
.
a. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
b. Finding that Respondent, has violated Section 19 of the
Ace, 415 ILCS 5/19 (20b2), and 35 Ill. Adm. Code 611.356(d) (1);
1 c. Ordering Respondent to cease and desist from further
violations of Section 19 of the Act, 415 ILCS 5/19 (2002), and 35
Ill. Adm. Code 611.356(d) (1);
d. Assessing a civil penalty of $50,000 against Respondent
for each and every violation of the Act and pertinent
regulations, and an additional penalty of Ten Thousand Dollars
($10,000) per day for each day of each violation;
e. Taxing all costs in this action, including attorney,
expert witness and consultant fees, against Respondent; and
f. Granting such other relief as this Board deems
appropriate and just.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA MADIGAN
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
ROSEMARIE CAZEAU, Chie
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
.
Mitchell L. Cohen
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.
20th
Floor
Chicago, Illinois 60601
(312) 814-5282
CERTIFICATE OF SERVICE
I, MITCHELL COHEN, an Assistant Attorney General, certify
that on the 29th day of June, 2005, I caused to be served by
overnight mail to Ron Freeman’s Florida address, and certified
First Class Mail to his Illinois’ addresses, the foregoing
Complaint on the attached service list, by depositing same in
postage prepaid envelopes with the United States Postal Service
located at 100 West Randolph Street, Chicago, Illinois 60601.
MITCHELL L.
\\oa~fi1e\horne$\MCohen\MLC\Freeman\NoticeOfFi1ingComp1aint.wpd
