OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
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
August 25,
2005
Re:
People
v.
Heneghan & Associates,
P.C.
Dear
Clerk Gunn:
RECEIVED
CLERK’S OFFICE
AUG
292005
STATE OF ILLINOIS
Pollution
Control Board
Enclosed
for filing
please
find
the
original
and
ten copies
of
an
Entry
Complaint
and
Notice
of
Filing in
regard to
the above-captioned matter.
Please
and
return
file-stamped copies to me
in the enclosed,
self-addressed envelope.
Thank you for
your cooperation
and
consideration.
~,A~risten
Lau!
Environmeni
500 South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
150
of
Appearance,
file
the originals
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 Main, Carbondale,
Illinois
62901
•
(618)
529-6400
•
TTY:
(618)
529-6403
•
Fax: (618) 529-6416
Very truly
rs,
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARDRECEIVED
CLERKS OFFICE
PEOPLE
OF THE STATE
OF
ILLINOIS,
AU
2
STATE OF ILUNOIS
Complainant,
)
Pollution
Control Board
vs.
)
PCB
No.
ci,
(Enforcement)
HENEGHAN & ASSOCIATES,
P.C.,
an Illinois corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Heneghan
& Associates, P.C.
do Dean
P.
Heneghan,
R.A.
1004 State
Highway
16
Jerseyville,
IL 62052
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 FinancingAct,
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
Assistant
t
rney G
al
Environmèt~talBureau
500 South
Second
Street
Springfield, Illinois 62706
217/782-9031
Dated: August 25, 2005
2
CERTIFICATE
OF SERVICE
I
hereby certify that
I did
on August 25, 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:
Heneghan & Associates,
P.C.
do
Dean P.
Heneghan,
R.A.
1004
State
Highway
16
Jerseyville,
IL 62052
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
risten
Laug
rid
Assistant At
ey Gen
a
This filing
is submitted
on recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
AUG
2 92005
PEOPLE OF THE STATE
OF
ILLINOIS,
)
Complainant,
vs.
)
PCB No.
(Aj
(Enforcement)
HENEGHAN & ASSOCIATES,
P.C.,
an
Illinois corporation,
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
BY
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Litio&ôn Dis~sion
Dated:
August
25, 2005
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
AUG
292005
STATE OF ILLINO~
PEOPLE OF THE STATE
OF ILLINOIS,
)
Pollution Contro’
~.
Complainant,
vs.
)
PCB NO.
‘—‘
(Enforcement)
HENEGHAN & ASSOCIATES,
P.C.,
an
Illinois corporation,
Respondent.
COMPLAINT
Complainant, PEOPLE
OF THE
STATE
OF ILLINOIS,
by
LISA MADIGAN,
Attorney
General
of
the
State of
Illinois,
complains
of
Respondent,
HENEGHAN
& ASSOCIATES,
P.C.,
as follows:
COUNT
I
WATER MAIN
CONSTRUCTION WITHOUT A PERMIT
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
(2004).
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 (2004), and
charged,
inter a/ia,
with
the
duty of enforcing
the Act
in proceedings
before the
Illinois
Pollution Control
Board
(“Board”).
3.
This Complaint is brought pursuant to Section
31
of the Act,
415
ILCS 5/31
(2004),
after providing the Respondent with
notice and the opportunity for a
meeting
with the
Illinois
EPA.
4.
Respondent,
Heneghan
& Associates,
P.C.,
is an Illinois
corporation
in good
standing.
At
all times
relevant to
this Complaint, Respondent was
employed
by
the Calhoun
County Rural Water
District to
install water mains
for the
Phase
Ill Water Main
Extension
in
Calhoun County.
5.
Section 3.315 of the Act,
415
ILCS 5/3315
(2004),
provides:
“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.
6.
Section
15(a) of the Act, 415
ILCS 5/15(a) (2004),
provides:
a.
Owners of
public water
supplies,
their authorized
representative,
or legal
custodians, shall submit plans and
specifications
to the Agency and
obtain written
approval before
construction
of any proposed
public water
supply installations,
changes, or additions
is
started.
Plans
and
specifications shall
be complete and of
sufficient
detail to
show
all
proposed construction,
changes, or additions
that may affect sanitary
quality,
mineral
quality,
or adequacy
of the 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.”
7.
Section
602.101 (a) of the Board’s Public Water Supply Permits Regulations,
35
Ill.
Adm.
Code
Section 602.101(a),
provides:
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.
8.
Section 602.116
of the Board’s Public Water Supply Permits Regulations,
35
III.
Adm.
Code Section
602.116,
provides:
Whenever a supply has
been
constructed without
a construction permit,
the
Agency may require
submission
of as-built plans
prepared
by
a qualified person
as described
in
Section 602.105(c). Any deficiencies requiring
correction as
determined
by the Agency
must be corrected
within a time limit set
by the
Agency.
This
does
not
relieve the owner or official
custodian from
any
liability for
construction of the supply without
a permit.
9.
On
some
date or dates
prior to January
5,
2004,
known
to the Respondent,
Respondent,
caused or allowed the construction
of 60,070 feet of four-inch water
main
and
-2-
10,575 feet of six-inch water main
for the
Phase
Ill Water
Main Extension for
the Calhoun
County Rural Water District.
10.
On January 5,
2004,
Illinois
EPA
received an application
for an As-Built
Permit
for
the newly constructed water
mains.
Illinois EPA
issued
an
As-Built Permit
for the water
mains
on March
17,
2004.
11.
The two water mains
were
installed
at some date
prior to
January 5,
2004,
without
a construction permit from
the
Illinois
EPA.
12.
By constructing two water mains without
a
permit from
the
Illinois
EPA,
Respondent has violated
Section
15(a) of the Act, 415
ILCS 5/15(a)
(2004)
and
Sections
602.101 (a) and
602.116 of the Board’s Public Water Supply Permits Regulations,
35111.
Adm.
Code 602.101(a),
602.116.
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the
People
of the State of Illinois, respectfully request that
the
Board
enter
an order against the Respondent,
Heneghan & Associates,
P.C.:
A.
Authorizing
a hearing
in this
matter
at which time the Respondent will
be
required
to answer the allegations
herein;
B.
Finding that
Respondent 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.
Assessing against Respondent a
civil penalty of fifty thousand
dollars
($50,000)
for each violation
of the Act, and
an
additional penalty often thousand
dollars
($10,000) for
each day during which
each
violation
has continued
thereafter;
E.
Awarding
to
Complainant its
costs
and
reasonable
attorney’s fees;
and
-3-
F.
Granting
such other relief as
the
Board
may deem
appropriate.
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS,
ox re/.
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
___________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
Of Counsel:
KRISTEN
LAUGHRIDGE
Assistant Attorney General
500
South Second Street
Springfield, Illinois
62706
217/782-9031
Dated:___________
-4.
