ORIGINAL
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    PEOPLE OF THE
    STATE OF ILLINOIS,
    )
    ~~~IVED
    LISA MADIGAN, Attorney General
    )
    OFFICE
    ofthe State of Illinois,
    )
    AUG
    ci
    2005
    STATE
    Complainant,
    )
    Poli~01.~
    c~j0t8
    vs.
    )
    PCBNo.0
    —
    (5
    (Enforcement
    -
    PWS)
    ILLINOIS-AMERICAN WATER COMPANY,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    TO:
    CT Corporation System
    208
    South
    LaSalle Street,
    Suite 814
    Chicago, Illinois
    60604
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk ofthe
    Illinois Pollution Control Board
    a Complaint, Notice of Filing,
    and
    a Certificate of Service on
    behalfof the People ofthe
    State of Illinois, a copy ofwhich is attached and herewith served upon
    you.
    Section
    103.204(1) ofthe Pollution Control
    Board Procedural Rules,
    35
    Ill.
    Adm.
    Code
    103.204(1) provides:
    “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.
    Ifyou 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,
    PEOPLE
    OF THE STATE
    OF ILLINOIS
    LISA MADIGAN
    Attorney General
    State of Illinois
    BY:
    __________________
    ZEMEHERET BEREKET-AB
    Assistant Attorney General
    Environmental Bureau
    188
    W.
    Randolph St.,
    20th FIr.
    Chicago, IL 60601
    DATE:
    August 1,2005
    (312)814-3816
    G:\Environrnental Enforccnicnt\Z
    I3EREKET-AB\IIIino~s-AnaerbaiiWater Not ofFilhtig 8-l-O5wpd
    •
    ORIGINAL
    BEFORE TIlE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE
    STATE OF ILLINOIS,
    ex rel.
    )
    LISA MADIGAN, Attorney General
    )
    of the State of Illinois,
    )
    )
    Complainant,
    )
    V.
    )
    PCBNo.
    )
    (Enforcement
    -
    Public Water
    Supply)
    ILLINOIS-AMERICAN WATER
    )
    COMPANY,
    an
    Illinois corporation,
    )
    )
    Respondent.
    )
    COMPLAINT
    NOW COMES THE Complainant, PEOPLE OF THE STATE
    OF ILLINOIS,
    ex rel.
    LISA MADIGAN, Attorney General ofthe State of Illinois,
    and complains ofRespondent,
    ILLINOIS-AMERICAN WATER COMPANY,
    an Illinois corporation, as follows:
    COUNT I
    FAILURE TO OBTAIN AN OPERATING PERMIT
    1.
    This complaint is brought pursuant to Section
    31
    of the Illinois Environmental
    Protection Act (“Act”), 415 ILCS
    5/31
    (2002), on behalfofthe People of the State ofIllinois,
    by
    LISA MADIGAN, Attorney General ofthe State of Illinois,
    on her own motion and at the request
    of the Illinois Environmental Protection Agency.
    2.
    The Illinois Environmental Protection Agency (“Illinois EPA”) is
    an
    administrative agency established in the executive branch of the State government by Section
    4
    of the Act, 415
    ILCS
    5/4
    (2002), and charged,
    inter alia,
    with the duty of enforcing the Act.
    3.
    At
    all times relevant to
    this Complaint, Respondent,
    Illinois-American Water
    Company (“Respondent”)
    is an Illinois corporation in good standing.
    4.
    At
    all times relevant to
    this Complaint, Respondent is the operator of the public
    water supply that serves the new Home
    Depot store number 1989,
    located
    on
    143’~’Street and
    Bell Road, Homer Township, Will County, Illinois (“construction site” or “project”).
    5.
    Respondent is responsible for obtaining an operating permit for the water mains in
    its system, including the water mains installed to serve the project.
    6.
    On November
    17,
    2003, Respondent placed in
    operation the 88-feet of 6-inch
    water main and 2,303
    feet of 10-inch water main without first applying for and
    obtaining an
    operating permit from the Illinois EPA.
    7.
    On January 5, 2004, Respondent applied for an operating permit for the water
    mains after having already placed the water mains in operation.
    8.
    On January 9, 2004, the Illinois EPA issued operating Permit No. 0431-
    FY2004/04 to
    Respondent.
    9.
    Section 18(a) (3) ofthe Act, 415
    ILCS 5/18(a) (3) (2002), titled, Prohibitions;
    plugging requirements, provides as follows:
    (a)
    No person shall:
    *
    *
    *
    (3)
    Construct, install
    or operate any public water supply without a
    permit granted by the Agency, or in violation of any condition
    imposed by such a permit.
    10.
    Section 602.101(a) of the Illinois Pollution Control Board Public Water Supplies
    Regulations,
    35
    Ill. Adm.
    Code
    602.101(a), titled, Construction Permit, provides as follows:
    -2-
    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”).
    Public water supply
    installation, change, or addition shall not include routine maintenance,
    service pipe connections, hydrants and valves, or replacement of
    equipment, pipe, and appurtenances with equivalent equipment, pipe,
    and
    appurtenances.
    11.
    Section 3.315 of the Act, 415
    ILCS
    5/3.315 (2002), defines person
    as follows:
    “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.
    12.
    Illinois-American Water Company is
    a person as that term is defined in Section
    3.315 ofthe Act, 415 ILCS
    5/3.315
    (2002).
    13.
    Section 3.365 ofthe Act, 415
    ILCS
    5/3.365
    (2002), defines public water supply 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 plans, 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”.
    14.
    The water mains at issue are a public water supply, as the mains are structures
    through
    which water is
    obtained and distributed to the public and
    as it serves more than 15
    service connections which regularly serve more than 25
    persons as defined in
    Sections 3.365,
    415
    ILCS
    5/3.365
    (2002).
    -3-
    15.
    As a person causing or allowing the operation ofa public water supply,
    Respondent is required to
    first obtain an operating permit from the Illinois EPA prior to placing
    the water main in
    operation.
    16.
    Respondent operated the water mains described herein, without first obtaining
    an
    operating permit
    from the Illinois EPA.
    17.
    By operating the water mains at the project without first obtaining an
    operating permit from the Illinois EPA, Respondent violated Section 18(a) (3) of the Act, 415
    ILCS
    5/18(a) (3) (2002).
    WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
    requests that
    the Board enter an order against Respondent and in favor of Complainant:
    1.
    Authorizing a hearing in this matter at which time Respondent will be required to
    answer the allegations herein;
    2.
    Finding that Respondent has violated
    Section
    18(a) (3) ofthe Act;
    3.
    Ordering Respondent from further violations of Section 18(a)
    (3) of the Act;
    4.
    Assessing against Respondent a civil penalty of Fifty Thousand Dollars
    ($50,000.00) for each and every violation of the Act
    and Board regulations, with
    an additional
    civil
    penalty ofTen Thousand Dollars
    ($10,000.00) per day for each day of each violation;
    5.
    Taxing all costs in
    this action, including attorney, expert witness and
    consultant
    fees, against the Respondent; and
    -4-
    6.
    Granting such other relief as the Board deems appropriate and just.
    PEOPLE OF THE
    STATE OF ILLINOIS
    LISA MADIGAN
    Attorney General
    State of Illinois
    MATTHEW
    J.
    DUNN, Chief
    Environmental Enforcement/
    Asbestos Litigation Division
    By:4t~
    Chief~
    Environmental Bureau
    Assistant Attorney General
    Of
    Counsel:
    ZEMEHERET BEREKET-AB
    Assistant Attorney General
    Environmental Bureau North
    188 West Randolph Street,
    20tb
    Floor
    Chicago, Illinois 60601
    (312)
    814-3816
    (312) 814-2347
    -
    fax
    G:\Envhronn,ental
    EnforcemeniZ
    BERFKFT-AH\Illhnohs American
    Water
    -
    (‘ottiplahitt 03-I
    -05.~pd
    -5-
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that I have served the attached Complaint, Notice ofFiling,
    and
    Certificate of Service via United States Postal
    certified mail
    upon the following person:
    CT Corporation System
    208
    South LaSalle
    Street, Suite 814
    Chicago, Illinois
    60604
    ~c
    M124?a4Ab
    ZEMEHERET BEREKET-AB
    Assistant Attorney General
    Environmental Bureau
    188
    W.
    Randolph St., 20th FIr.
    Chicago, Illinois 60601
    S
    0:\Envhronmenlal
    Enlorcernent\Z DFREKET-AB\Illhnoha-An,edcan (‘en ofSer 8-I -05.wpd

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