RECE
WED
CLERK’S OFFICE
JUL06
2005
STATE OF ILLINOIS
OFFICE
OF THE ATTORNEY GENEBAL
Pollution Control Board
STATE OF ILLINOIS
July 1,2005
Re:
People
v.
Lake Egypt Water and Wastewater District
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies of
the
documents
to
our
office
in
the
enclosed,
self-addressed
envelope.
Thank
you for your cooperation
and
consideration.
JLM/pp
Enclosures
500 South Second
Street, Sprin4field, Illinois
62706
•
(217)
782-1090
•
I’TY:
(217) 785-2771
•
Fax:
(217)
784-7046
100
West Rando1phStr~t,(~hicago.1lIirio~-60601
•
(312)
814-31)00
•
~1”1Y:
(314)
814-3374
•
Fax: (312)
814-3806
ioot
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(
thonc)’t1~
Illinoo
6491)1
(618)
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6101)
1
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Lisa Madigan
ATTORNEY GENERAL
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
REcE~vr
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFPI1;~
JUL
06
2005
PEOPLE OFTHE STATE OF
)
ILLINOIS,
)
STAJE OF
ILL~ofl)rS
Pollution Control
Boarci
Complainant,
)
vs.
)
PCB No.
~‘
—03
)
(Enforcement-Water)
LAKE EGYPT WATERAND
WASTEWATER
DISTRICT,
)
Respondent.
NOTICE OF FILING
To:
Gary Rhodes
Lake of Egypt Water
District
11484
Lake of Egypt
Road
Marion,
IL 62959
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 i~
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.
1
FURTHER,
please
take
notice
that
financing
may
be
avaiIa~Ie,through
the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1
(2002),
to correct the pollution alleged in
the Complaint filed
in this case.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigati
BY
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July 1,2005
General
Environmental Bureau
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
July
1,
2005,
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:
Gary
Rhodes
Lake of Egypt Water District
11484 Lake of Egypt
Road
Marion,
IL
62959
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
This filing is submitted
on recycled
paper.
PEOPLE OF THE STATE
OF
)
1LLINO1S,
Complainant,
vs.
LAKE EGYPT WATER AND
WASTEWATER DISTRICT,
RECE~VED
CLERK’S OFFICE
JUL06
2005
STATE OF ILLINOIS
Pollution Control Board
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
BY
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: July
1,
2005
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PCBNo~
(Enforcement-Water)
MATTHEW J.
DUNN, Chief
Environmental Enforcement/~
4KR
ISTE~ZAU
G H RiD9~7
Environmental Bure~j.i—
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION
CONTROL B9ARD
CLERK’S OFFICE
JUL
06
2005
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel.
LISA MADIGAN, Attorney General
)
STATE OF ILLINOIS
of the State of Illinois,
)
Pollution Control
Boarc~
Complainant,
)
v.
)
NO.
PCB-
)
(Enforcement-Water)
LAKE EGYPT WATER AND WASTEWATER
)
DISTRICT,
Respondent.
)
COMPLAINT FOR
INJUNCTIVE AND OTHER RELIEF
The PEOPLE
OF THE
STATE
OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
of the State of Illinois, on
her own
motion and at
the request of the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
complains
of the Respondent,
LAKE EGYPT
WATER AND WASTEWATER
DISTRICT,
as follows:
COUNT
I
FAILURE TO DEMONSTRATE ADEQUATE TOC
REMOVAL
1.
This Complaint is brought by
the Attorney General 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.
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 alia,
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
(2002), after providing the Respondents with
notice and
the opportunity for a meeting with
the
Illinois
EPA.
4.
The Respondent,
Lake
Egypt Water and
Wastewater District (“District”), is a
government agency created
in
1974 by the local community and governed
by a seven member
Board of
Directors consistingof local residents.
The District has
at all
times relevant to this
Complaint owned and
operated
a water filtering and
purification
plant located at 11484
Lake
of
Egypt Road,
Marion, Williamson County,
Illinois.
5.
Lake Egypt Water and Wastewater District is a “public water supply” as that term
is defined under Section
3.365 of the Act, 415
ILCS 5/3.365 (2002),
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, .~ctualIy
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”.
6.
Respondent’s
public water supply is a “PWS” or “public water system”,
a “CWS”
or “community water system”,
and
a “SWS” or “surface water system”,
as those
terms are
defined
under Section
611.101
of the Board’s Public Water
Supplies
Regulations,
35111. Adm
Code 611.101,
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.
*
*
*
“SWS” means “surface water system,” a public water supply (PWS) that uses
only surface water sources,
including “groundwater under the direct influence
of
surface water.”
~
*
*
*
2
“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 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.
7.
The District public water supply serves approximately 11,000 persons on
a year-
round basis through 4,239 service
connections in Johnson
and Williamson Counties.
The
District obtains water from
the Lake of
Egypt via
pumping.
The water
is treated
through gas
chlorination,
alum,
CAT-Polymer, caustic soda,
ammonium hydroxide,
and acid fluoride and
then stored
in
a one million gallon ground
storage tank.
8.
Section
18(a) of the Act, 415
ILCS 5/18
(2002),
provides,in pertinent part:
(a)
No person
shaU:
*
*
(2)
Violate regulations or standards
adopted
by the Board
under this Act.
9.
Respondent is a “person” as that term
is defined
under Section
3.31 5 of the Act,
415
ILCS 5/3.315
(2002),
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.
Respondent is a “supplier”
as that term
is defined
under Section
611.101
of the
Board’s
Public Water Supplies Regulations,
35
Ill. Adm.
Code
611 .101,
as follows:
“SUPPLIER
OF WATER” or “SUPPLIER” means
any person who owns or
operates
a
public water system
(PWS).
*
*
*
3
11.
Total organic carbon (“TOC”) and
disinfection
byproduct
(“DBP”) are defined
under Section.611.101
of the Board’s Public Water Supply Regulations,
35
III. Adm. Code
611.101
as:
“Total organic carbon” or “TOO” means total organic carbon
(in mg//) measured
using heat,
oxygen,
ultraviolet irradiation,
chemical oxidants,
or combinations of
these oxidants that convert organic carbon to carbon dioxide,
rounded
to two
significant figures.
“Disinfection
byproduct” or “DBP” means a
chemical byproduct that forms
when
disinfectants
used for microbial
control react with
naturally occurring
compounds
already
present
in
source water.
DBPs include,
but are not limited to,
bromodichioromethane,
bromoform,
chloroform,
dichloroacetic acid,
bromate,
chlorite,
dibromochloromethane,
and certain
haloacetic acids
12.
Section 611.383(d) of the Board’s Public Water Supply Regulations,
35
III. Adm.
Code 611 .383(d),
provides:
d)
Disinfection
byproduct (DBP) precursors.
Compliance must be
determined as specified
by Section
611.385(c).
A supplier may begin
monitoring
to
determine whether Step
1
TOO remov,als can
be met
12
months prior to
the compliance date for the supplier.
This monitoring
is
not required
and failure to
monitor during
this period
is
not a violation.
However, any supplier that does not monitor during
this period, and
then
determines in the first 12 months after the compliance date that it is not
able to meet the Step I
requirements
in
Section 611.141(b)(2) and
must
therefore apply for alternate minimum TOO removal
(Step 2)
requirements,
is
not eligible
for retroactive
approval of alternate minimum
TOO removal
(Step 2) requirements
as allowed pursuant
to Section
611 .385(b)(3)
and
is in violation of
a
national
primary drinking water
regulation
(NPDWR).
A supplier may apply
for alternate
minimum TOO
removal
(Step 2) requirements
any time after the compliance date.
For a
supplier required to
meet Step
1
TOO removals,
if the value calculated
under Section
611 .385(c)(1 )(D) is less than
1 .00,
the supplier is in
violation
of the treatment technique
requirements and
must notify the
public pursuant to
Subpart V of this Part, in
addition
to
reporting
to the
Agency pursuant to
Section 611.384.
13.
Section
611 .385 of the Board’s Public Water Supply Regulations,
35
III.
Adm.
Code 611.385,
provides,
in
pertinent part:
a)
Applicability.
4
1)
A Subpart
B system supplier using conventional f~Itrationtreatment (as
defined
in Section
611.101)
must operate with enhanced coagulation
or
enhanced softening to achieve the TOO percent removal levels specified
in subsection
(b) of this Section
Unless the supplier meets at least one
of
the alternative
compliance standards listed
in
subsection (a)(2) or (a)(3)
of this Section.
,*
*
*
b)
Enhanced coagulation
and enhanced
softening
performance requirements.
1)
A supplier
must achieve
the percent reduction of TOO specified
in
subsection (b)(2) of this Section
between the source water and
the
combined
filter effluent,
unless the Agency approves a supplier’s request
for alternate minimum TOO
removal (Step 2) requirements
under
subsection (b)(3) of this Section.
2)
Required Step
1
TOO reductions, indicated
in the following
table,
are
based upon specified
source
water parameters measured
in accordance
with Section
611.381(d).
A supplier practicing softening must meet the
Step I
TOO reductions in
the far-right column
(source water alkalinity
greater than
120
mg//) for the following specified
source water TOO:
Step
1
Required
Removal of TOO by
Enhanced
Coagulation and
Enhanced
Softening for
a Subpart
B System
Supplier
Using Conventional Treatment12
Source-water
TOC, mg/I
Source-water alkalinity, mg/I
as
CaCO3
0-60
60-120
120~
2.0~4.0
35.0
25.0
15.0
4.0-8.0
45.0
35.0
25.0
8.0
50.0
40.0
30.0
1
A supplier meeting
at least one of the conditions in subsections (a)(2)(A) through
(a)(2)(F) of this Section
are not required
to operate with
enhanced coagulation.
2
A softening system that meets one of the alternative compliance standards
in subsection
(a)(3)
of this Section
is not required
to
operate with enhanced
softening.
~A supplier that practices softening must meet the TOO
removal requirements
in this
column.
*
*.
*
14.
Measuring
for TOO removal
is required under the Board’s Public Water
Supply
Regulations to
help control
the formation of DBP precursors
in
the treated
water.
S
15.
Under section
611 .385(a)(I) of the Board’s Public Water Supply Regulations,
35
III. Adm.
Code 611 .385(a)(1), a supplier must meet the TOO percent removal
requirements
specified
in section 611.385(b) of the Board’s Public Water Supply Regulations,
35
III.
Adm.
Code 611.385(b),
unless the supplier can
meet an alternative compliance standard.
16.
Under Section
611.385(c) of the Board’s Public Water Supply Regulations,
35
III.
Adm.
Code 611.385(c),
a supplier must calculate their
compliance for TOO
levels on
a quarterly
basis by finding
the ratio
of actual TOO
removal versus required TOO
removal.
That ratio is
averaged
over a year and the annual
average removal
ratio must be
at least
1.
That annual
average removal ratio
is a running
average,
calculated
at each
quarter.
17.
In the final
quarter of 2002,
on or about December
9,
2002, the Respondent’s
annual average TOO removal ratio was 0.86.
Upon analysis,
Illinois EPA determined
that the
Respondent could
not meet an alternative compliance standard.
18.
On
June 22, 2004,
after analysis and application
of a Step 2 TOC removal
requires,
Illinois
EPA issued a letter to
Defendant stating
that the new Step
2 analysis placed
their TOC removal
ratio
in compliance and that it was
retroactive
to
January 1,
2003.
19.
From on
or about
December
9,
2002 through at least June
22, 2004,
on dates
better known
to
the Respondent,
Respondent failed
to demonstrate that TOC removal
ratio
levels were
in
compliance with either Step
1
TOO percent removal requirements or meet the
requirements
of alternative compliance criteria.
20.
By failing to
demonstrate compliant TOC
removal
levels,
Respondent violated
Sections
611 .383(d)
and
611.385 of the Board’s Public Water
Supply Regulations, 35
III.
Adm.
Code 611.383(d) and 611.385.
21.
By violating
the Board’s Public Water
Supply Regulations,
Respondent has
violated
Section
18 of the Ae~,
415
ILCS 5/18
(2002).
6
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People of the State of Illinois, respectfully requests
that this Court grant the following relief:
A.
Find that the Respondent has violated Section
18 of the Act, 415 ILCS
5/18
(2002),
and
Sections 611.383(d)
and
611.385 of the Board’s Public Water Supplies
Regulations, 35
III.
Adm.
Code 611.383(d) and 611.385;
B.
Permanently enjoin
the Respondent from further violations of the Act and
its
Regulations;
C.
Pursuant to Section
42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose
a civil
penalty of not more than the statutory maximum;
D.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002), award the
Complainant
its costs
in this matter,
including
reasonable attorney’s
fees and
expert witness
costs;
and
E.
Grant such
other and further relief as
this Court deems appropriate.
Respectfully submitted,
PEOPLE OF THE STATE
OF ILLINOIS,
ex
ref.
LISA MADIGAN,
Attorney General
of the
State
of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
BY:
~
THOMAS
DAVIS,
Chief
Assistant Attorney General
Of Counsel
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
217/557-5767
Dated:
~
/i
o
~
7
