BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
PCB No.
_
__
V.)
(Enforcement
-
Public Water Supply)
VILLAGE OF VOLO, a Municipal
Corporation, and SMITH ENGINEERING
CONSULTANTS, INC., an Illinois
Corporation,
Respondents.
NOTICE OF FILING
TO:
Jill Jr. Struck, Registered Agent for Smith
40 Brink Street
Crystal Lake, Illinois 60014
Burnell Russell, President
27273 West Volo Village Road
Volo, Illinois 60073
PLEASE TAKE NOTICE that I have today filed the Complaint with
the Office of the Clerk of the Illinois Pollution Control Board, a
true and correct copy of which is attached hereto and herewith
served upon you.
Pursuant to 35 Ill. Adm. Code 103.204(f), I am
required to state that 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.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY__
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-2069
Attorney No. 99000
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
CERTIFICATE OF SERVICE
It is hereby certified that true and correct copies of the
Complaint and Notice of Filing were sent by certified mail with
return receipt requested to each of the persons listed on the
Notice of Filing on December 9, 2005.
BY___
MICHAEL C. PARTEE
It is hereby certified that Complaint and Notice of Filing
were electronically filed with the Board on December 9, 2005:
B
Y____4QA
MICHAEL C. PARTEE
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF
ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
PCB No.
_
_
_
_
_
V.
)
(Enforcement-
Public Water Supply)
VILLAGE OF VOLO, a Municipal
Corporation, and SMITH ENGINEERING
CONSULTANTS, INC.., an Illinois
Corporation,
Respondents.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by 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 Respondents, VILLAGE OF VOLO, a municipal corporation,
and SMITH ENGINEERING CONSULTANTS, INC., an Illinois corporation,
as follows:
A. VIOLATIONS BY BOTH RESPONDENTS
COUNT I
FAILING TO SUBMIT PLANS AND SPECIFICATIONS FOR A PUBLIC WATER
SUPPLY BEFORE CONSTRUCTION
1.
This Count is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of the State
of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), pursuant to
Section 31 of the Illinois Environmental Protection Act ("Act"),
415 ILCS 5/31 (2004).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
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 alia,
with the duty of
enforcing the Act.
3.
At all times relevant to the Complaint, the VILLAGE OF
VOLO ("Volo") was and is a municipal corporation incorporated under
the laws of Illinois.
4.
At all times relevant to the Complaint, Volo was and is
the official custodian of a public water supply located in Volo,
Lake County, Illinois.
5.
At all times relevant to the Complaint, SMITH ENGINEERING
CONSULTANTS, INC. ("Smith"), was and is an Illinois corporation
incorporated under the laws of Illinois.
6.
At all times relevant to the Complaint, Smith was a
consultant to Volo and the certified operator of Volo's public
-water
supply.
7.
Pursuant to a public water supply construction permit
issued by Illinois EPA to Volo on September 8, 2000, Volo installed
a public water supply consisting, in relevant part, of two wells
(Well #1 and Well #2) for obtaining raw water for potable use and
an ion exchange system connected only to Well #1 for removing
contaminants from the raw water.
8.
The public water supply serves approximately 60 people
for more than 60 days per year.
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PCB 2006-090
9.
At some point well before July 19, 2004, on a date better
known to Respondents, Well #2 and the ion exchange system were
connected and placed in service.
10.
Neither Volo nor Smith submitted plans and specifications
to the Illinois EPA before causing or allowing construction of the
connection between Well #2 and the ion exchange system.
11.
Also, neither Volo nor Smith obtained a construction or
operating permit from the Tllinois EPA before causing or allowing
construction and operation of the connection between Well #2 and
the ion exchange system.
12.
The public water supply is subject to the Act and the
regulations promulgated thereunder by the Illinois Pollution
Control Board ("Board") and the Illinois EPA.
The Board's
regulations for public water supplies are found in Title 35,
Subtitle F, Chapter I of the Illinois Administrative Code ("Board's
Public Water Supply Regulations"), and the Illinois EPA's
regulations for public water supplies are found in Title 35,
Subtitle F, Chapter II of the Illinois Administrative Code
("Illinois EPA's Public Water Supply Regulations").
13.
Section 14 of the Act, 415 ILCS 5/14 (2004), provides as
follows:
The General Assembly finds that state supervision of
public water supplies is necessary in order to protect
the public from disease and to assure an adequate supply
of pure water for all beneficial uses.
It is the purpose of this Title to assure adequate
protection of public water supplies.
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PCB 2006-090
14.
Section 15(a) of the Act, 415 TLCS 5/15(a) (2004),
provides as follows:
Plans and specifications; demonstration of capability.
(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.
15.
Section 3.365 of the Act, 415 TLCS 5/3.365 (2004),
provides as follows:
Public water supply.
"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.
A public
water supply is either a "community water supply" or a
"non-community water supply."
16.
Volo's wells, ion exchange system, and all associated-
equipment, which serve approximately 60 people for more than 60
days per year, are a "public water supply" as that term is defined
in Section 3.365 of the Act.
17.
Respondents failed to submit plans and specifications to
the Illinois EPA before cdusing or allowing construction of the
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
public water supply.
18.
By failing to submit plans and specifications to the
Illinois EPA before causing or allowing construction of the public
water supply, Respondents violated Section 15(a) of the Act.
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondents, on
Count I:
1.
Authorizing a hearing in this matter at which time
Respondents will be reguired to answer the allegations herein;
2.
Finding that the Respondents violated Section 15(a) of
the Act as alleged herein;
3.
Ordering Respondents to cease and desist from further
violations of Section 15(a) of the Act;
4.
Assessing a civil penalty against Respondents in the
amount of Fifty Thousand Dollars ($50,000.00) for each violation of
the Act and regulations and an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day during which each violation
continues;
5.
Ordering Respondents to pay Complainant's attorney,
expert witness and consultant fees expended in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate
and just.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
COUTJ~ II
CONSTRUCTING A PUBLIC WATER SUPPLY WITHOUT A PERMIT
1-13.
Complainant realleges and incorporates by reference
herein paragraphs 1 through 13 of Count I as paragraphs 1 through
13 of this Count II.
14.
Section 18(a) of the Act; 415 ILCS 5/18(a) (2004),
provides, in relevant part, as follows:
Prohibitions; plugging requirements.
(a) No person shall:
(2) Violate regulations or standards adopted by
the Agency pursuant to Section 15(b) of this
Act or by the Board under this Act; or
(3) Construct, install or operate any public water
supply without a permit granted by the Agency,
15.
Section 3.315 of the Act, 415 ILOS 5/3.315 (2004),
provides as follows:
Person.
"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.
16.
Respondents are corporations and, therefore, "persons" as
that term is defined in Section 3.315 of the Act.
17-18.
Complainant realleges and incorporates by reference
herein paragraphs 15 and 16 of Count I as paragraphs 17 and 18 of
this. Count II.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
19.
Section 602.101(a) of the Board's Public Water Supply
Regulations, 35 Ill. Admn. Code 602.101(a), provides as follows:
Construction Permit
(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
Illinois Environmental Protection
Agency (Agency).
20.
By causing or allowing construction of the connection
between Well #2 and the ion exchange system, Respondents caused or
allowed the change of or addition to an existing public water
supply.
21.
By failing to obtain a construction permit before causing
or allowing the change of or addition to an existing public water
supply, Respondents violated Section 18(a) of the Act and Section
602.101(a) of the Board's Public Water Supply Regulations.
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondents, on
Count II:
1.
Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents violated Section 18(a) of
the Act and Section 602.101(a) of the Board's Public Water Supply
Regulations as alleged herein;
3.
Ordering Respondents to cease and desist from further
violations of Section 18(a) of the Act and Section 602.101(a) of
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
the Board's Public Water Supply Regulations;
4.
Assessing a civil penalty against Respondents in the
amount of Fifty Thousand Dollars ($50,000.00) for each violation of
the Act and regulations and an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day during which each violation
continues;
5.
Ordering Respondents to pay Complainafit's attorney,
expert witness and cdnsultant fees expended in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate
and just.
COUNT III
OPERATING A PUBLIC WATER SUPPLY WITHOUT A PERMIT
1-21.
Complainant realleges and incorporates by reference
herein paragraphs 1 through 21 of Count II as paragraphs 1 through
21 of this Count III.
22.
Section 602.102 of the Board's Public Water Supply
Regulations, 35 Ill. Admn. Code 602.102, provides as follows:
Operating Permits
No owner or operator of a public water supply shall cause
or allow the use or operation of any new public water
supply, or any new addition to an existing supply, for
which a Construction Permit is required under this Part,
without an Operating Permit issued by the Agency.
23.
Section 652.201 of the Illinois EPA's Public Water Supply
Regulations, 35 Ill. Adm. Code 652.201, provides as follows:
S
PCB 2006-090
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
Operating Permit Requirements
The operating permit application shall be filed with the
Division of Public water Supplies Permit Section when
construction
is
complete.
An operating permit
is
required for all projects which require a construction
permit.
The operating permit shall be obtained before
the project is placed in service.
24.
The construction of the connection between well #2 and
the ion exchange system required a construction permit pursuant to
Section 18(a) of the Act and Section 602.101(a) of the Board's
Public Water Supply Regulations and, therefore, required an
operating permit before the project was placed in service.
25.
By failing to obtain an operating permit before the
project was placed in service, Respondents violated Section 18(a)
of the Act, Section 602.102 of the Board's Public Water Supply
Regulations, and Section 652.201 of the Illinois EPA's Public Water
Supply Regulations.
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondent, on
Count III:
1.1
Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents violated Section 18(a) of
the Act, Section 602.102 of the Board's Public Water Supply
Regulations, and Section 652.201 of the Illinois EPA's Public water
Supply Regulations as alleged herein;
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PCB 2006-090
3.
Ordering Respondents to cease and desist from further
violations of Section 18(a) of the Act, Section 602.102 of the
Board's Public Water Supply Regulations, and Section 652.201 of the
Illinois EPA's Public Water Supply Regulations;
4.
Assessing a civil penalty against Respondents in the
amount of Fifty Thousand Dollars ($50,000.00) for each violation of
the Act and regulations and an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day during which each violation
continues;
5.
Ordering Respondents to pay Complainant's attorney,
expert witness and consultant *fees expended in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate
and just.
B. VIOLATIONS BY RESPONDENT VOLO
COUNT
IV
CONSTRUCTING
A
COMMlUNITY
WATER
SUPPLY
WITHOUT
A PERMIT
1-18.
Complainant
realleges
and incorporates
by reference
herein paragraphs
1
through
18
of
Count
II
as paragraphs
1
through
18
of this Count
IV.
19.
Section 652.101(a) of the Illinois EPA's Public Water
Supply Regulations, 35 Ill. Adm. Code 652.101(a), provides, in
relevant part, as follows:
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
Construction Permit Requirements
(a) Construction permits
shall
be
obtained by
the
official custodian of a community water supply prior
to beginning construction of any proposed community
water supply and prior to all alterations, changes
or additions to an existing community water supply
which may affect the
sanitary quality, mineral
quality or adequacy of the supply...
20.
Section 3.145 of the Act, 415 ILCS 5/3.145 (2004),
provides as follows:
Community water supply.
"Community water supply" means a
public water supply which serves or is intended to serve
at least 15 service connections used by residents or
regularly serves at least 25 residents.
21.
The wells, ion exchange system for removing contaminants
from the raw water, and all associated equipment, which are a
public water supply used by more than 25 residents, are also a
"community water supply" as that term is defined in Section 3.145
of the Act.
22.
By causing or allowing construction of community water
supply which may affect the sanitary quality, mineral quality or
adequacy of the supply, Volo, the official custodian of the
community water supply, caused or allowed the change of or addition
to a community water supply.
23.
By causing or allowing the change of or addition to a
community water supply without a construction permit, Volo violated
Section 18(a) of the Act and Section 652.101(a) of the Illinois
EPA's Public Water Supply Regulations.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
WHEREFORE, Complainant respectfully requests that the Board
enter an order in favor of Complainant and against Respondents, on
Count IV:
1.
Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Finding that the Respondents violated Section 18(a) of
the Act and Section 652.101(a) of the Illinois EPA's Public Water
Supply Regulations as alleged herein;
3.
Ordering Respondents to cease and desist from further
vidlations of Section 18(a) of the Act and Section 652.101(a) of
the Illinois EPA's Public Water Supply Regulations;
4.
Assessing a civil penalty against Respondents in the
amount of Fifty Thousand Dollars. ($50,000.00) for each violation of
the Act and regulations and an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day during which each violation
continues;
5.
Ordering Respondents to pay Complainant's attorney,
expert witness and consultant fees expended in its pursuit of this
action; and
6.
Granting such other relief as the Board deems appropriate
and just.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005
PCB 2006-090
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNK, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
RO RIECAZEAU, Chief
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, IL 60601
Tel: (312)814-2069
Fax: (312)814-2347
E-Mail: mpartee~atg. state. il .us
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PCB 2006-090
