BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COMPLAINT
CERTIFICATE OF SERVICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF

THE STATE OF ILLINOIS,

)

vs.

Complainant,

WEIS BUILDERS,

INC.,

a Minnesota corporation,

Respondent.

)

PCB No. 06-

)

(Enforcement

PWS)

)

NOTICE OF FILING

TO:

Leonard L.

Burridge, General Counsel

Weis Builders, Inc.

7645 Lyndale

Avenue South

Minneapolis,

55423

PLEASE

TAJCJB NOTICE that I have today filed with the Office ofthe Clerk of the

Illinois Pollution Control Board

a Complaint, Notice of Filing, and a Certificate of Service on

behalf ofthe People of the State of Illinois, a copy of which is

attached and herewith served upon

you.

Section

103.204(f) of the Pollution Control Board Procedural Rules,

35 Ill.

Adm.

Code

103.204W 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.

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,

PEOPLE OF THE STATE OF ILLINOIS

DATE:

September 20, 2005

BY:

LISA MADIGAN

Attorney General

State of Illinois

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau North

188 W. Randolph

St., 20th Flr.

Chicago, IL 60601

(312) 814-3816

S.’

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Enforcement’Z BEREKET-AB\Weis NOF 9-2O-O5.wpd

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE

STATE OF

ILLINOIS,

)

Complainant,

)

PCB

No.

)

(Enforcement

Public Water Supply)

WEIS BUILDERS, INC.,

)

a Minnesota corporation,

)

Respondent.

)

COMPLAINT

NOW COMES THE

Complainant, PEOPLE

OF THE STATE OF ILLINOIS, by

LISA

MADIGAN, Attorney General ofthe State of Illinois, and complains of Respondent, WEIS

BUILDERS, INC., a Minnesota corporation as follows:

COUNT I

CONSTRUCTION OF POTABLE WATER LINES

WITHOUT A CONSTRUCTION PERMIT

This complaint is brought on behalfof the People ofthe State ofIllinois, by LISA

MADIGAN, Attorney General of the State of Illinois against WEIS BUILDERS,

INC., a

Minnesota corporation, on her own motion pursuant to Section

of the Illinois Environmental

Protection Act (“Act”), 415 ILCS

5/31(2004).

The Illinois Environmental Protection Agency (“Illinois

EPA”) is

administrative agency established in the executive branch of the State government by Section 4

ofthe Act,

415

ILCS 5/4 (2004), and charged,

inter alia,

with the duty of enforcing the Act.

At all times relevant to this Complaint, Respondent, WEIS BUILDERS,

INC.

(“Weis”) is a Minnesota corporation authorized to

transact business in the State ofIllinois

and in

good standing.

The mailing address for Weis Builders is

1701

GolfRoad,

Tower

Suite

1200,

Rolling Meadows, Illinois 60008.

On August 31, 2003, Home Depot, applied for a construction permit

for the

installation ofan 88

linear feet of 6-inch water main extension and 2,303

linear feet of 10-inch

main to

serve the new Home Depot

store number

1989,

located on

l43’~’Street and Bell Road,

Homer Township, Will

County, Illinois (“construction site” or “project”).

On September

5, 2003,

the Illinois EPA inspected the construction site and

discovered that the potable

water main had already been constructed without the issuance of the

required construction permit from the Illinois EPA.

At all times

relevant to this Complaint, Weis was the construction contractor who

installed the potable water lines at the new Home Depot store

without first obtaining the required

construction permit.

On October

1, 2003,

the Illinois EPA issued, after the fact, an

“As-Built” Plans

Construction Permit No. 043 1-FY2004 to Home Depot.

Section 18(a)(3) of the Act, 415

ILCS

5/18(a)(3)(2004),

titled, Prohibitions:

plugging requirements, provides as follows:

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.

-2-

Section 602.101(a) ofthe Board Public Water Supply Regulations,

Ill. Adm.

Code 602.101,

titled, Construction Permit, provides as follows:

No person shall cause or allow the construction of any new public water

supply installation or cause or allow the change ofor addition to

any

existing public water supply, without a construction permit issued by the

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.

10.

Section

3.3 15

of the Act, 415

IIJCS

5/3.3

(2004), 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.

11.

Weis, a corporation, is a person as that term is defined in Section

3.3 15 ofthe

Act,

415

LCS

5/3.315

(2004).

12.

Section 3.365 ofthe Act, 415

ILCS

5/3.365

(2004), 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 fhrnishing

water for drinking or general

domestic use and which serve

at least

service connections or which regularly serve at least 25 persons at least 60

days per year.

A public watersupply is

either a “community water supply”

or a “non-community water supply”.

13.

Section 3.145 ofthe Act, 415 5/3.145(2004),

defines community water supply as

follows:

-3-

“COMMUNITY WATER SUPPLY” means a public

water supply which

serves or is

intended to serve at least

service connections used by

residents or regularly serves at least 25

residents.

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 the mains serve more than

service connections

which regularly serve more than 25 persons at least 60 days a year as

defined in Sections 3.365

and

3.145 ofthe Act,

415

ILCS

5/3.365

and 3.145

(2004).

15.

As a person causing or allowing the construction ofa public water supply,

Respondent Weis is required to first

obtain a construction permit from the Illinois EPA~prior

proceeding with the construction of the water main at the construction site.

16.

Respondent Weis constructed and installed 88

feet of 6-inch water main and 2,303

linear feet of 10-inch main

at the construction site without first obtaining a construction permit

from the Illinois EPA.

17.

By constructing and installing a water main at the construction site without first

obtaining

a construction permit from the Illinois EPA, Respondent violated Section

1 8(a)(3) of

the

Act, 415 ILCS

5/18(a)(3)(2004),

and

35111. Adm.

Code 602.101(a).

WHEREFORE,

Complainant, PEOPLE OF THE

STATE OF ILLINOIS, respectfully

requests that the Board enter an order

against Respondent Weis and in favor ofComplainant:

Authorizing a hearing in this matter at which time Respondent will be required to

answer the allegations herein;

Finding that Respondent has violated Section

1 8(a)(3) ofthe Act

and 35

Ill.

Adm.

Code 602.101(a);

-4-

Ordering Respondent to

cease and desist

from further violations of Section

18(a)(3) ofthe Act and

35111. Adm.

Code 602.101(a);

Assessing against Respondent a civil penalty ofFifty Thousand Dollars

for each and every violation ofthe Act and Board regulations, with an additional

of Ten Thousand Dollars ($10,000.00) per day for each day ofeach violation;

Taxing all costs in this

action pursuant to Section 42(f) ofthe Act, 415

ILCS

5/42(f) (2004), including attorney, expert witness and consultant

fees, against the Respondent; and

Granting such other relief as

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Bnforccment\Z

BEREKET-AB~Wcia

Builders Complaint

wpd

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:

IL.—p’.,~

ROS~MARIECAZEAU, Chief

Environmental Bureau North

Assistant Attorney General

($50,000.00)

civil penalty

Of Counsel:

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau North

188 West Randolph Street, 20t~~

Floor

Chicago, Illinois 60601

(312) 814-3816

(312) 814-2347

fax

-5-

CERTIFICATE OF SERVICE

I, the undersigned, certify that I have served the attached Complaint, Notice of Filing,

and

Certificate ofService via United

States Postal certified mail upon

the following person:

Leonard L.

Burridge

General Counsel

Weis Builders, hx.

7645

Lyndale Avenue South

Minneapolis, MN 55423

20ZIaLk*g

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Flr.

Chicago, Illinois 60601

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