OFFICE OF THE
ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATI’ORNEY GENERAL
The Honorable
Dorothy
Gunn
Illinois Pollution Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
July 1,2005
RECE~VED
CLERK’S OFFICE
•JUL
062005
STATE OF ILLINOIS
Pollution Control
Board
Re:
People
v.
Leonard Foster, dibla Rivercrest Mobile Home Park
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.
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 7~lain,Carhondale,
Illinois
62901
•
(61$) 529-640))
•
T’I’Y: (618)
529-6403
•
Fax:
(618) 529-6416
Isten Lau~hridge
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECERIED
•
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
062005
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
• ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No.
t:3°
•
)
(Enforcement)
LEONARD
FOSTER,
dlbla
RIVERCREST
)
MOBILE HOME PARK,
)
)
Respondent.
NOTICE OF FILING
To:
Leonard
Foster
d/b/a Rivercrest Mobile
Home Park
6933 South
Route 45-52
Chebanse,
IL 60922
PLEASE TAKE
NOTICE that on
this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of
the State
of
Illinois,
a COMPLAINT,
a
copy of
which
IS
attached
hereto
and
herewith served
upon you.
Failure to file
an
answer to
this Complaint within
60
days
may have
severe
consequences.
Failure to
answer will
mean that all
allegations
in this
Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure,
you should contact the hearing officer assigned to
this proceeding, the Clerk’s Office
or an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1
(2002), to correct the pollution alleged
in
the Complaint filed
in this case.
•
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
•
Litigation
~ivision
BY;
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July
1,
2005
KRI$N’LAUGJ~A1JG
As~&t~nt
Att9~’Ge~I~~
Environment~1Bureau
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:
Leonard
Foster
d/b/a Rivercrest Moble Home Park
6933 South
Route 45-52
Chebanse,
IL 60922
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.
•
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
JUL
062005
PEOPLE OF THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control Board
)
Complainant,
)
vs.
)
PCB
No.
~
.i~y:/’
)
(Enforcement)
LEONARD
FOSTER,
dlbla
RIVERCREST
)
MOBILE HOME
PARK,
•
)
)
•
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 MADIGAN
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Lit
ati
n Divis~n
•
•
BY:/
~ISTEN
LAUGF~~E
Environmental ~ii~au
Assistant Attorney General
500 South
Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
July 1,2005
RE
CLE~~’~
~
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
06
2005
PEOPLE OF THE STATE
OF ILLINOIS,
)
~
rel.
LISA MADIGAN, Attorney General
)
of the State
of Illinois,
)
Complainant,
v.
)
NO.PCB4.O’7”
)
(Enforcement)
LEONARD
FOSTER
dlbla
RIVERCREST
)
MOBILE
HOME PARK,
)
Respondent.
)
•
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
of the State of Illinois, complains of
Respondent,
LEONARD
FOSTER d/b/a RIVERCREST
MOBILE
HOME PARK,
as
follows:
COUNT
I
•
INADEQUATE WATER CAPACITY
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 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 Respondent with
notice
and the opportunity for a meeting with thG Illinois
EPA.
1
4.
Respondent,
Leonard
Foster,
has at all times relevant tothis Complaint owned
and operated the Rivercrest
Mobile Home
Park (“Park”).
The Park is located
at 6933 South
Route 45-52,
Chebanse,
Kankakee County,
Illinois.
5.
The Park includes 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, 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.
6.
Respondent’s public water supply is
a “PWS” or “public water system”,
a “CWS”
or “community water system”,
and
a “GWS” or “groundwater system”,
as those terms are
defined
under Section 611 .101
of the Pollution
Control Board’s (“Board”)
Public Water
Supplies
Regulations,
35
III.
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.
*
*
*
“GWS”
means “groundwater system”,
a public water
supply (PWS) that uses
only groundwater sources.
*
*
*
“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
2
Any collection or pretreatment storage facilities
n9t under such
control
that are used
primarily in
connection with
such system.
7.
The Park’s
PWS
has
17 service connections and
serves approximately 35
residents.
The PWS
is located
on the east end
of the Park and
is designed so that water
is
pumped out of one
well (Well #1)
to a
500-gallon
pressure tank, and
distributed to the
residences.
8.
•
Section
18(a) of the Act, 415
ILCS 5/18(a)
(2002),
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, an
individual owning and operating
a public water supply, is a
person
as that term
is defined under Section
3.315
of the Act, 415
ILCS
5/3.315 (2002),
as,
•
•
follows:
“PERSON” is any
individual,
partnership,
copartnership,
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.
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).
This term
includes the “official
custodian.”
11.
Respondent’s
public water system is a “small system”
as that term
is defined
under Section
611 .350 of the Board’s Public Water Supplies
Regulations,
35
Ill. Adm.
Code
611.350, as follows:
-
3
“SMALL SYSTEM”
means
a water system that regularly serves water to
3,300
or
fewer persons.
•
12.
Section
601.101
of the Board’s Public Water Supply Regulations,
35111.
Adm.
Code 606.101, provides
in
pertinent
part:
Owners
and official
custodians
of a public water supply in
the State
of Illinois
shall provide
pursuant to the
Environmental Protection Act 415
ILCS
5
(Act),
the Pollution
Control
Board
(Board)
Rules,
and the Safe Drinking Water Act (42
U.S.C. 300f et
seq.) 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.
13.
Sections 653.109(d) and
(e) of the Board’s Public Water
Supply Regulations,
35
Ill. Adm.
Code 653.109(d)
and
(e),
provides in
pertinent part:
d)
Finished water shall
be delivered
at a rate greater than the maximum
hourly rate of usage.
e)
Actual capacity of the well pump or high
service pump
used
to deliver
water to
the distribution
system through the pressure tank shall
be
greater than the maximum hourly rate of usage.
*
*
*
14.
Section 654.202
of the Board’s Public Water Supply Regulations,
35
Ill.
Adm.
Code 654.202, provides
in pertinent part:
a)
Ground water source adequacy shall be
determined
by the amount of
water produced
by each wefl
pumping within
its calculated
safe yield.
c)
Where only one well is provided the delivery shall:
1)
exceed the record
maximum daily demand
2)
meet the requirements of 35
III.
Adm.
Code 653.109 or 653.110
if hydropneumatic storage is provided.
15.
Section
602.115 of the Board’s Public Water Supplies
Regulations, 35
III.
Adm.
Code 602.115, provides,
in pertinent
part:
(a)
TheAgency may adopt criteria,
published
in the form of Technical
Policy
Statements,
for the design, operation,
and
maintenance of public water
supply facilities as necessary to
insure safe, adequate,
and clean water.
4
***
16.
The Illinois EPA (“Agency”) has
adopted the
1982 Recommended
Standards for
Water Works, A
Report of the Committee of the Great Lakes-Upper Mississippi River Board
of
State Sanitary Engineers
(“Standards”),
as the technical
policy statement
setting forth the
standards for the design, operation,
and
maintenance of public
water supply facilities to
insure
safe, adequate,
and
clean water.
17.
Section
3.2.1.1
of the Standards provides:
The total developed groundwater source capacity
shall equal
or exceed the
design
maximum day
demand and
equal or exceed the design average day
demand
with the largest producing well out of service.
•
18.
Section
3.2.1.2
of the Standards provides:
A minimum of two sources
of groundwater shall be
provided.
19.
On
October 21, 2003,
Illinois EPA performed an engineering evaluation of the
Park’s
PWS operations and observed
multiple
violations.
•
20.
During the evaluation,
Illinois
EPA found that the Park’s well
had a maximum
capacity of
16
gallons
per minute and the Park had a hydropneumatic storage of 500 gallons.
21.
The Park’s
maximum daily usage
is approximately 4,000 gallons per
day and the
Park’s maximum hourly usage is approximately 300 gallons
per hour.
22.
During the evalUation,
Illinois
EPA found
that the Park’s
PWS
capacity and rate
of delivery was not greater then the maximum hourly rate of usage or the maximum daily
usage.
23.
By not having
adequate capacity and
rate of delivery, Respondent is in violation
of Sections
601 .101
and
653.109(d)
&
(e) of the Board’s Public Water Supply regulations, 35
Ill.
Adm.
Code 601.101, 653.109(d)
& (e).
5
24.
By having a well that
does not exceed
the maximum daily demand,
Respondent
is in violation of Sections
601.101
and
654.202 Board’s Public Water Supply Regulations,
35
Ill.
Adm.
Code 601.101
and
654.202 and
Section
3.2.1.1
of the Standards.
25.
By only having
one well
and therefore one groundwater source,
Respondent is in
violation of Section
3.2.1.2 of the Standards.
26.
By violating
the Board
regulations,
Respondent has violated
Section
18 of the
Act,
415
ILCS 5/18
(2002).
PRAYER
FOR
RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE
STATE
OF ILLINOIS,
respectfully
request that the Board enter an
Order against Respondent LEONARD
FOSTER d/b/a
RIVERCREST MOBILE HOME PARK:
A.
Authorizing
a
hearing
in this matter at which time Respondent will
be required to
answer the allegations
herein;
-
•
•
•
B.
•
Find that
LEONARD
FOSTER d/b/a RIVERCREST
MOBILE HOME
PARK has
violated
the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease
and desist from any further violations
of the Act
and
associated regulations;
D.
Pursuant
to Section
42(a) of the Act, 415
ILCS
5/42(a) (2002),
impose
upon
Respondent a monetary
penalty of
not more than
the statutory maximum;
E.
Pursuant to
Section42(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
F.
Grant such other and further relief as the Board
deems appropriate.
6
COUNT II
FAILURE TO PROVIDE ADEQUATE CHLORINATION
1-20.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through
20 of Count
I as paragraphs
1
through 20
of this Count
II.
21.
Section
653.608
of the
Board’s Public Water Supply Regulations,
35
II. Adm.
Code 653.608, provides
in
pertinent part:
b)
A chlorination exemption
shall
be revoked
immediately without prior
notice if a supply fails to
meet any of the exemption requirements.
c)
One or more of the following
conditions will result in
revocation:
***
2)
addition
of a new source subject to
contamination, or finding
that
an existing source
is subject
to contamination based on
raw water
•
bacteriological analyses
records;
22.
Section
611.240 of the Board’s Public Water Supply ReguLations, 35
III. Adm.
Code 611.240,
provides in
pertinent part:
•
g)
CWS suppliers
using groundwater that is not under the direct
influence of
surface water must chlorinate the water before it enters the distribution
system,
unless the Agency has granted the supplier an exemption
pursuant to Section
17(b) of the Act 415
ILCS 5/17(b).
1)
All
GWS supplies that are required
to
chlorinate
pursuant to this
Section
must maintain residuals of free or combined
chlorine
at
levels sufficient to provide
adequate
protection of human health
and the ability of the distribution
system
to
continue to
deliver
•
potable water that complies with
the
requirements of this
Part.
23.
Section
653.604(a) of the Board’s Public Water Supplies
Regulations,
35
Ill.
Adm. Code 653.604(a)
(1996),
provides,
in
pertinent part:
(a)
A minimum free chlorine residual
of 0.2 mg/I or a minimum combined
residual
of 0.5-~rng/Ishall be maintained
in all
active parts
of the
distribution system at
all times....
-
-
7
24.
The
Park’s water supply was
chlorine exempt since
May
13,
1982 until
the Illinois
EPA engineering
evaluation inOctober 2003.
After the evaluation,
Illinois
EPA notified the Park
that
its
chlorine
exemption was revoked
per Section
653.608 of the Board’s Public Water
Supply Regulations,
35
Ill.
Adm.
Code 653.608,
because
routine monitoring
had shown
detections of total coliform
in the raw water in June 2002,
July 2002,
August 2002 and January
2003.
25.
From October 2003 through January 2005,
Rivercrest failed
to chlorinate
its
water before
pumping
it into the distribution
system and failed
to
maintain a minimum of free
chlorine
residual of 0.2 mg/I or a minimum combined
residual of 0.5
mg/I
in all active
parts
of
the distribution system
to provide adequate
protection of human
health.
26.
Adequate
chlorination of a public water supply is necessary to
reduce or
eliminate populations of disease-causing
microorganisms when those microorganisms are
present
in the public water supply.
•
•
•
27.
By failing to
maintain the minimum free or combined
chlorine
residual level at
all
times,
Respondent knowingly caused, threatened or allowed the distribution
of water from
a
public water supply of such quality
as to
be injurious to
human
health.
28.
By so knowingly causing, threatening or allowing
the distribution
of waterfrom a
public water supply of such
quality as to
be injurious to
human health,
Respondent has violated
Section
18(a)(1) of the Act, 415 ILCS 5/18(a)(1)
(2002).
29.
By failing to
chlorinate
its water and
maintain
residuals of free or combined
chlorine at sufficient levels,
Respondent has violated Sections
606.101, 653.604(a),
and
611.240(g)
of the Board’s Public Water
Supply Regulations,
35
Ill.
Adm.
Code
601.101,
653.604(a),
and 611.240(g).
•
,
PRAYER
FOR RELIEF
8
WHEREFORE, Complainant,
the PEOPLE OF THE
STATE
OF JLLINOIS, respectfully
request that the Board
enter an Order against Respondent LEONARD
FOSTER d/b/a
RIVERCREST
MOBILE
HOME PARK:
A.
Authorizing
a
hearing
in this matter
at which time Respondent will
be required to
answer the allegations herein;
B.
Find that
LEONARD
FOSTER d/b/a RIVERCREST MOBILE
HOME
PARK has
violated the Act and
regulations as alleged herein;
C.
Ordering Respondent to
cease and
desist from any further violations of the Act
and
associated regulations;
D.
Pursuant to
Section
42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose upon
Respondent
a monetary penalty of not more than
the statutory maximum;
E.
Pursuant to
Section42(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
F.
Grant such
other and further ?elief as the Board deems appropriate.
COUNT Ill
PUBLIC WATER SUPPLY CONSTRUCTION STANDARDS VIOLATIONS
L
1-19.
Complainant
realleges and
incorporates herein
by reference paragraphs
1
through
19
of Count las
paragraphs I
through l9of this Count
Ill.
20.
Section 653.103(a) of the Board’s Public Water Supplies
Regulations,
35
Ill.
Adm.
Code 653.103(a), provides,
in pertinent
part:
(a)
Construction
shall conform to
the Standards and the Current American
Water Works Association (AWWA) Standard for Deep Wells,
*
*
*
21.
Section 3.2.5.8 of the Standards provides:
9
Permanent casing for
all
groundwater sources shall proj~ct
at
least
12 inches
above the pumphouse floor or concrete apron surface and
at least
18
inches
above finai ground surface.
22.
Section
3.2.7.5 of the Standards provides:
Provisions shall
be made for venting the well casing to
atmosphere.
The vent
shall terminate
in
a downturned
position,
at
or above the top of the casing or
pitless
unit in
a minimum
1
1/2
inch diameter
opening covered with a 24
mesh,
corrosion
resistant screen.
The pipe connecting
the casing to
the vent shall
be
of adequate size to provide rapid venting
of the casing.
23.
Illinois
EPA found during
the October 21, 2003 evaluation that the casing of the
Park’s well did
not have a vent and
terminated
in a pit
and
extended approximately 3 inches
above the pit floor.
24.
By not having a casing vent,
Respondent has violated
Section
3.2.7.5 of the
Standards.
25.
By the casing being
less then
18
inches above the final ground
surface,
Respondent have violated Section
3.2.5.8 of the Standards.
26.
By violating
Sections of the Standards, Respondent has violated
Section
653.103(a) of the Board’s Public Water Supplies Regulations,
35111.
Adm. Code 653.103(a).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the PEOPLE
OF THE
STATE OF ILLINOIS,
respectfully
request that the Board enter an
Order against Respondent LEONARD
FOSTER d/b/a
RIVERCREST MOBILE
HOME
PARK:
A.
Authorizing
a
hearing
in this matter
at which time Respondent will
be required to
answer the allegations
herein;
B.
Find that LEONARD
FOSTER d/b/a RIVERCREST
MOBILE HOME
PARK has
violated
the Act and
regulations as alleged
herein;
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C.
Ordering Respondent to cease and
desist from any furth~r
violations
of the Act
and associated
regulations;
D.
Pursuant to
Section 42(a) of the Act, 415 ILCS 5/42(a)
(2002),
impose
upon
Respondent a monetary penalty of not more than the statutory maximum;
E.
Pursuant to
Section42(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
F.
Grant such
other and further relief as the
Board
deems
appropriate.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
ax rel.
LISA MAD IGAN,
Attorney General
of the State of Illinois
MATTHEW J.
DUNN, ~Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_____________________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Of Counsel
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
21 7/782-903i
Dated:
~
/ib
/o
r~
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