F-IyE
BEFORE THE ILLINOIS POLLUTION CONTROL BOAEcERK'S OFFICE
FLAGG CREEK WATER RECLAMATION
)
'°',
6
v
2006
DISTRICT
)
STATE OF ILLINOIS
pollution Control Board
Complainant
)
'
~I
I
PCB
V .
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY
Respondents .
To
:
PERSONS ON ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have filed today with the Office of the Clerk of the
Illinois Pollution Control Board, 100 West Randolph Street, Suite 11-500, Chicago, Illinois, an
original and nine copies of an ENTRY OF APPEARANCE OF ROY M . HARSCH and JOHN
A. SIMON, a copy of which is herewith served upon you
.
Respectfully submitted,
GARDNER CARTON & DOUGLAS LLP
Richard J. Kissel
Roy M. Harsch
John A. Simon
Gardner Carton & Douglas LLP
191 North Wacker Drive, Suite 3700
Chicago, Illinois 60606
Dated: March 3, 2006
0102/ 22440683 .1
NOTICE OF FILING
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Tim Martin, Director
Illinois Department of Transportation
2300 S. Dirksen Parkway
Springfield, IL 62764
(217) 782-7820
with copy to :
Richard Christopher,
Esq .
Office of the Chief Counsel
Illinois Department of Transportation
310 S. Michigan Avenue, Suite 1607
Chicago, IL 60604
(312) 793-4837
For the Illinois Department of Transportation
Robert J. Schillerstrom
DuPage County Board Chairman
Jack T. Knuefer Administration Building
421 N. County Farm Road
Wheaton, IL 60187
(630) 407-6060
with copy to
:
Joseph
E .
Birkett
DuPage County States Attorney
503 N. County Farm Road
Wheaton, IL 60187
(630) 407-8000
SERVICE LIST
Flagg Creek Water Reclamation District v. Village ofHinsdale, et al.
For the DuPage County, Division of Transportation
John C. Farnan, P.E .
General Superintendent
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, IL 60611-3154
(312) 751-5600
with copy to :
Frederick Feldman, Esq
.
Chief Legal Counsel
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, IL 60611-3154
(312) 751-6566
For the Metropolitan Water Reclamation District of Greater Chicago
Michael D. Woerner
President
Village of Hinsdale
19 E. Chicago Avenue
Hinsdale, IL 60521-3489
(630) 789-7011
with copy to :
Mark Steger, Esq .
Holland & Knight, LLC
131 S. Dearborn Street, 30`h Floor
Chicago, IL 60603
(312) 578-6557
For the Village of Hinsdale
CHO / 12465050.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
FLAGG CREEK WATER RECLAMATION
DISTRICT
Complainant
V .
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY
Respondents
.
GARDNER CARTON & DOUGLAS LLP
Richard J. Kissel
Roy M. Harsch
John A. Simon
Gardner Carton & Douglas LLP
191 North Wacker Drive
Suite 3700
Chicago, Illinois 60606
NOTICE OF APPEARANCE
We hereby file our appearance in this proceeding onn behalf of complainant Flag Creek
Water Reclamation District
.
t
ICCgVE
CLERK'S OFFICE
MAR 0 : 2006
STATE OF ILLINOIS
Pollution Control Board
PCB 06-
14
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R RE C E 9 y E D
CLERK'S OFFICE
MAR 0 3 2006
FLAGG CREEK WATER RECLAMATION
)
STATE OF ILLINOIS
DISTRICT
)
Pollution Control Board
Complainant
)
PCB 06- P
v .
)
VILLAGE OF HINSDALE, METROPOLITAN
)
WATER RECLAMATION DISTRICT OF
)
GREATER CHICAGO, ILLINOIS
)
DEPARTMENT OF TRANSPORTATION,
)
DUPAGE COUNTY
)
Respondents .
)
Complaint
Jurisdiction
1
.
Complainant Flagg Creek Water Reclamation District (FCWRD), by and through
its counsel Gardner Carton & Douglas LLP, brings this complaint before the Illinois Pollution
Control Board ("Board") pursuant to Section 31(d)(1) of the Illinois Environmental Protection
Act ("Act"), 415 ILCD 5/31(d), which allows enforcement proceedings to be initiated against
any person allegedly violating the Act, any rule or regulation adopted under the Act, any permit
or term or condition of a permit, or any Board order
.
The Parties
2
.
FCWRD, formerly known as the Hinsdale Sanitary District, is a municipal
government agency organized in 1926 under the Sanitary District Act of 1917, 70 ILCS 2405, et
seq. FCWRD is responsible for wastewater treatment within a designated service area of
approximately 24 square miles, which includes the Village of Hinsdale, the Village of Clarendon
Hills, and the Village of Oak Brook, as well as portions of Burr Ridge, Oak Brook Terrace,
Westmont, Villa Park, Lombard, Darien and Willowbrook
.
3
.
The Village of Hinsdale (Hinsdale) is a municipality governed by the Illinois
Municipal Code, 65 ILCS 5/1-1-1, et seq . Hinsdale owns and operates a combined sewer system
that conveys wastewater to both the Metropolitan Water Reclamation District of Greater Chicago
(MWRD) and the FCWRD
.
4 .
The Illinois Department of Transportation (IDOT) is a state agency created by the
Department of Transportation Law, 20 ILCS 2705/2705-1
et seq .
IDOT has responsibility for
planning, construction and maintenance of Illinois' extensive transportation network, which
encompasses, highways and bridges, airports, public transit, rail freight and rail passenger
systems, and includes roadways within the boundaries of FCWRD's service area
.
5 .
DuPage County is a body corporate and politic established by the Illinois
Counties Code. The DuPage County Division of Transportation (DDOT) is an agency of
DuPage County, and is responsible for the construction and maintenance of the County Highway
system which serves the over 900,000 residents of DuPage County. DDOT maintains
approximately 220 miles of arterial highway and 50 miles of recreational trails in DuPage
County .
6 .
MWRD is a municipal government agency created by the Illinois Legislature in
1889. MWRD has a combined sewer overflow equivalent of 0 .5-million people. The District
serves an area of 872 square miles which includes the City of Chicago and 124 suburban
communities . MWRD is also the designated stormwater management agency for Cook County
.
7
.
The way in which Hinsdale, IDOT, DDOT, and MWRD, implement their
statutory duties contributes excess flow during rainfall events to FCWRD, which has a
disproportionate effect on FCWRD's system .
8
.
As a result of these excess flows, within FCWRD's sewer system, Sanitary Sewer
Overflows ("SSO") and Combined Sewer Overflows ("CSO") events occur during both wet
weather and dry weather
.
The Flagg Creek Water Reclamation District System
9 .
The FCWRD wastewater treatment plant (W WTP) is located at 6975
Commonwealth Avenue in the Village of Burr Ridge, Illinois . It is designed to take dry weather
flow and limited wet weather flow . See Figure 1
.
10 .
The FCWRD has an interceptor system that serves the Village of Clarendon Hills,
the Village of Hinsdale, and portions of the Village of Westmont, traveling east along the BNSF
railroad from Illinois Route 83 to County Line Road, and then south toward Interstate 294 (I-
294), to the FCWRD WWTP. This interceptor is known as the "Mainline Interceptor ." See
Figure 1
.
11
.
FCWRD also has a 60-inch interceptor ("West 60-Inch Interceptor") that runs
south along 1-294 and collects flows from three other interceptors : the 55th Street Interceptor,
running west along 55 `h Street; the 59`h Street Interceptor, running south along 59 th Street; and
the 63` Street Interceptor, running south along 63 d Street. See Figure 1
.
12
.
FCWRD's other main interceptor is the Storm Water Pollution Control ("SWPC")
Interceptor which runs from its Spinning Wheel Pumping station south along 1-294
.
2
13
.
Historically, bypasses from the FCWRD sewer system as well as the Hinsdale
sewer system overflowed to Flagg Creek. On information and belief, in the 1970s, FCWRD was
directed by the Sanitary Water Board to close its CSOs and accept Hinsdale's CSOs until
Hinsdale separated its sewers, which Hinsdale was also ordered by the Sanitary Water Board in
1968 to separate by 1978 .
14 .
To comply with the order directed to it, FCWRD constructed the Spinning Wheel
Pumping Station and installed a new sixty inch interceptor, the Storm Water Pollution Control
Interceptor, along Interstate 294 (SWPC Interceptor) . See Figure 1
.
15
.
The Spinning Wheel Pumping Station and SWPC Interceptor were generally
intended to serve three purposes: to serve a new northern service area, to catch overflows from
the FCWRD's existing forty two inch interceptor, and to temporarily provide relief to Hinsdale's
CSOs until Hinsdale could separate its sewers in accordance with the Sanitary Water Board's
order .
16 .
The pumping capacity of the Spinning Wheel Pumping Station is greater than the
capacity of the S WPC Interceptor so long as that interceptor receives wastewater from
Hinsdale's combined sewer system, so that during rain events, surcharges and overflows occur in
the SWPC Interceptor and create hydraulic obstructions and overflows in other interceptors
.
17 .
FCWRD has an NPDES Permit, No. IL0022586, which allows one CSO
discharge point for excess flows from its W WTP. Standard Condition Number 26 of the
District's NPDES permit prohibits CSOs at any other points
.
18 .
FCWRD's Ordinance, which has been in place since 1931, revised in 1961 and
1980, prohibits combined sewer systems within its service area
.
19 .
The unpermitted CSO events that occur in the FCWRD system do not comply
with the CSO Control Policy, issued by the United States Environmental Protection Agency on
April 19, 1994 (59 FR 18688), or state regulations governing CSOs found at 35 Il . Adm. Code
Part 306, Subpart C
.
20 .
The actions by Hinsdale, MWRD, IDOT and DDOT that cause stormwater to
enter the FCWRD sewer system cause or contribute to the unauthorized CSO events
.
21
.
FCWRD cannot comply with the terms and conditions of its NPDES permit and
the CSO policy without the cooperation and corrective actions of Hinsdale, MWRD, IDOT and
DDOT in eliminating wet weather flows from the FCWRD system .
Count I :
The Village of Hinsdale
22
.
Hinsdale owns and operates a combined sewer system, and collects fees from
certain residents for its ownership and operation of the combined sewer system
.
23 .
Hinsdale's combined sewer system allows stormwater drainage from streets and
public and private property during storm events to combine directly with sanitary waste flows .
3
24 .
The combined sewer system serving Hinsdale was constructed prior to 1900, and
is constructed primarily of brick and clay tile piping. On information and belief, it is in poor
repair .
25
.
The primary flows from Hinsdale to the FCWRD system occur through the
Mainline Interceptor at two main locations : County Line Road and Highland Avenue, and Third
Avenue and Princeton Road
.
26 .
On information and belief, there is at least one additional unknown sewer
connection along FCWRD's Mainline Interceptor from Hinsdale
.
27 .
Hinsdale holds an NPDES permit, No . IL0066818, granted by the Illinois
Environmental Protection Agency (Illinois EPA), which authorizes discharges to Flagg Creek
from four Combined Sewer Overflow (CSO) points. On September 6, 2005, Illinois EPA issued
a public notice proposing to renew that permit .
28
.
Consistent with the Illinois Pollution Control Board (Board) regulations,
Hinsdale's NPDES permit requires first flush and ten times average dry weather flows to be
treated before Hinsdale discharges from any of its permitted CSOs
.
29 .
On information and belief, Hinsdale does not utilize its authorized CSO points
frequently because of these restrictions, instead diverting a large volume of wet weather flows
far in excess of ten times the average dry weather flow to FCWRD
.
30 .
Because the MWRD sewer system has flow restrictors in its junction chambers
where flows from Hinsdale are directed to the MWRD's sewer system, FCWRD receives all of
the wet weather flows from Hinsdale .
31
.
The large volume of wet weather flows from Hinsdale, combined with the short
travel time, surcharges FCWRD interceptors . The Mainline Interceptor and its SWPC
Interceptor are most affected, which in turn results in overflows upstream and downstream of
where Hinsdale sewers discharge to the FCWRD's interceptor
.
32 .
The large volume of wet weather flows from Hinsdale cause both Hinsdale and
the FCWRD to experience unauthorized CSOs within their respective systems .
33 .
The large volume of wet weather flows from Hinsdale disrupts the flow to the
FCWRD's wastewater treatment facility and interferes with its effective operation
.
34 .
The large volume of wet weather flows from Hinsdale interferes with FCWRD's
ability to allow capacity for other municipalities that have separate sewers
.
35
.
On information and belief, Hinsdale has never fully complied with the direction
of the Illinois Sanitary Water Board issued in 1968 directing Hinsdale to separate its sewers
.
36 .
Hinsdale is in violation of FCWRD's ordinance prohibiting combined sewers to
discharge to the FCWRD sewer system
4
37
.
Hinsdale also directs a leaf collection program . On information and belief, the
program operates by directing Hinsdale residents to place leaves in the parkway on the day of
leaf collection, but Hinsdale does not address those leaves that are not properly placed in the
parkway or that are placed in the street and allowed to wash into the street drains .
38
.
During the times in which the leaf collection program is active, a significant
residual leaf load from Hinsdale's leaf collection program enters street drains and is conveyed to
FCWRD along with stormwater, plugging its influent screening equipment and compromising
the wastewater treatment system .
39
.
The leaf load is conveyed to FCWRD as a result of leaves and yard waste from
Hinsdale's roadways washing into the combined sewer system
.
40
.
By failing to separate its sewers and allowing substantial wet weather flows to
enter its combined sewer system and travel to and inundate the FCWRD system, Hinsdale is in
violation of the Sanitary Water Board's direction to Hinsdale to separate its sewers, FCWRD's
ordinance prohibiting wet weather flows, the Combined Sewer Overflow Control Policy issued
by U.S. EPA, and Illinois regulations governing CSOs, found at 35 Il . Adm. Code Part 306,
Subpart C
.
41 .
By failing to separate its sewers and sending substantial wet weather flows to the
FCWRD system, Hinsdale is violating the Act's prohibition on causing or contributing to water
pollution and violating regulations and standards adopted by the Board under the Act, 415 ILCS
5/12(a) .
42 .
By failing to separate its sewers and sending substantial wet weather flows to the
FCWRD system, Hinsdale is in violation of the conditions of its NPDES Permit from Illinois
EPA, and in violation of Act, 415 ILCS 5/12(b)
.
43
.
By failing to separate its sewers and sending substantial wet weather flows to the
FCWRD system, Hinsdale is in violation of the Board rule at 35 Il . Adm. Code 307.1101,
prohibiting any person from introducing pollutants that interfere with the operation and
performance of FCWRD
.
44 .
By failing to separate its sewers and sending substantial wet weather flows to the
FCWRD system, Hinsdale is interfering with FCWRD's fulfillment of its statutory duty to
provide capacity for sanitary flows from existing and new residents within its service area
.
45 .
By failing to operate its leaf collection program to prevent leaves and stormwater
from entering the FCWRD system, Hinsdale is in violation of the nine minimum controls
required by the U.S. EPA's Combined Sewer Overflow Policy, and the FCWRD's ordinance .
46 .
By failing to operate its leaf collection program to prevent leaves from entering
the FCWRD system, Hinsdale is in violation of the Act's prohibition on causing or contributing
to water pollution and violating regulations and standards adopted by the Board under the Act,
415 ILCS 5/12(a) .
5
47 .
By failing to operate its leaf collection program to prevent leaves from entering
the FCWRD system, the Combined Sewer Overflow Control Policy issued by U.S. EPA, and
Illinois regulations governing CSOs, found at 35 It. Adm. Code Part 306, Subpart C .
48 .
By failing to operate its leaf collection program to prevent leaves from entering
the FCWRD system, Hinsdale is in violation of the conditions of its NPDES Permit from Illinois
EPA, and in violation of the Act, 415 ILCS 5/12(b) .
49 .
By failing to operate its leaf collection program to prevent leaves from entering
the FCWRD system, Hinsdale is in violation of the Board rule at 35 Il . Adm. Code 307 .1101,
prohibiting any person from introducing pollutants that interfere with the operation and
performance of FCWRD
.
Count II :
Metropolitan Water Reclamation District
50
.
FCWRD has historically served an area in Cook County that was placed under the
jurisdiction of the MWRD in the 1970s
.
51
.
Service to these areas in Cook County continues to be provided by FCWRD
("FCWRD-served area")
.
52
.
FCWRD has a draft agreement with MWRD that has not been executed, which
requires MWRD to provide service to a roughly equivalent area in DuPage County that is within
the FCWRD's statutory authority ("MWRD-served area") .
53 .
FCWRD's sewer system accepts the dry weather and wet weather flows from the
FCWRD-served area .
54 .
The MWRD sewer system has flow restrictors in its junction chambers where
flows from Hinsdale are directed to the MWRD's sewer system
.
55
.
On information and belief, the diversion structures cause a substantial amount of
flow from the MWRD-served area to be blocked from entering the MWRD's sewer system
.
56 .
On information and belief, those flows then make their way to the FCWRD sewer
system .
57 .
On information and belief, the MWRD interceptor that receives the flows from
the MWRD-served area has capacity that is not being used
.
58 .
MWRD's diversion of flows from the MWRD-served area, combined with wet
weather flows from the FCWRD-served area, cause or contribute to unauthorized CSOs within
FCWRD's system, in violation of MWRD's NPDES permit, FCWRD's ordinance prohibiting
wet weather flows, the Combined Sewer Overflow Control Policy issued by U .S. EPA, and
Illinois regulations governing CSOs, found at 35 It . Adm. Code Part 306, Subpart C
.
6
59 .
By diverting flows from the MWRD-served area to FCWRD, MWRD is in
violation of the Act's prohibition on causing or contributing to water pollution, and violating
regulations and standards adopted by the Board under the Act, 415 ILCS 5/12(a)
.
60 .
By diverting flows from the MWRD-served area to FCWRD, MWRD is in
violation of the Board rule at 35 Il. Adm. Code 307.1101, prohibiting any person from
introducing pollutants that interfere with the operation and performance of FCWRD .
61 .
MWRD's diversion of flows from the MWRD-served area, combined with wet
weather flows from the FCWRD-served area, interfere with FCWRD's fulfillment of its statutory
duty to provide capacity for sanitary flows from existing and new residents within its service
area .
62 .
MWRD is also authorized by statute to regulate stormwater within Cook County
.
63
.
Pursuant to that authority, MWRD levies taxes on residents within Cook County,
including residents within FCWRD, to ensure stormwater is appropriately managed and does not
obstruct sewers and streams.
64
.
Stormwater that flows into Flagg Creek is obstructed by dead trees and other
detritus and does not flow downstream
.
65
.
During high flow events, the stormwater backs up into FCWRD's polishing pond,
interfering with the pond's ability to polish the effluent from FCWRD and acting as
a
pollutant
to FCWRD's pond
.
66 .
MWRD has a duty by statute and its collection of taxes within the FCWRD
service area to maintain Flagg Creek so that stormwater is not obstructed in the Creek
.
67 .
MWRD has breached its statutory duty.
68
.
MWRD's breach of its statutory duty is a violation of the Act's prohibition on
causing or contributing to water pollution, and violating regulations and standards adopted by the
Board under the Act, 415 ILCS 5/12(a) .
69 .
MWRD's breach of its statutory duty is in violation of the Board rule at 35 Il
.
Adm. Code 307 .1101, prohibiting any person from introducing pollutants that interfere with the
operation and performance of FCWRD
.
70 .
MWRD's breach of its statutory duty interferes with FCWRD's fulfillment of its
statutory duty to provide capacity for sanitary flows from existing and new residents within its
service area .
Count III :
Illinois Department of Transportation
71
.
The Illinois Department of Transportation (IDOT) has jurisdiction over a part of
55`h Street east of County Line Road, and is responsible for its operation, repair and
maintenance
.
7
72
.
55"i Street was originally constructed as a two-lane roadway, but MOT expanded
55°i Street east of County Line Road to a four-lane roadway and added curbs
.
73
.
By expanding 55 'h Street and adding curbs, MOT has substantially increased the
amount of stormwater that is conveyed to the FCWRD
.
74 .
The wet weather flows from 55 °i Street contribute to the unauthorized CSOs
within FCWRD's system .
75 .
The wet weather flows from 55'h Street interfere with the effective operation of
FCWRD's wastewater treatment facility
.
76 .
The wet weather flows from 55 th Street interfere with FCWRD's ability to allow
capacity for wastewater from existing and new residents within its service area
.
77 .
By failing to provide for wet weather flows from 55'h Street, MOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of FCWRD's
ordinance prohibiting wet weather flows and Illinois regulations governing CSOs, found at 35 II
.
Adm. Code Part 306, Subpart C
.
78 .
By failing to provide for wet weather flows from 55'h Street, IDOT is in violation
of the Act's prohibition on causing or contributing to water pollution and violating regulations
and standards adopted by the Board under the Act 415 ILCS 5/12(a)
.
79 .
By failing to provide for wet weather flows from 55`h Street, MOT is in violation
of the Board rule at 35 Il. Adm. Code 307 .1101, prohibiting any person from introducing
pollutants that interfere with the operation and performance of FCWRD .
80
.
IDOT's wet weather flows from 55'h Street interfere with FCWRD's fulfillment
of its statutory duty to provide capacity for sanitary flows from existing and new residents within
its service area .
Count IV :
DuPage Department of Transportation
81
.
DDOT has jurisdiction over part of 55' h Street west of County Line Road, and is
responsible for its operation, repair and maintenance
.
82 .
55'h Street was originally constructed as a two-lane roadway, but DDOT
expanded 55' h Street west of County Line Road to a four-lane roadway and added curbs .
83 .
DDOT has installed storm sewers on certain segments of 55` h Street, but has not
installed storm sewers to accept the runoff from all of 55th Street
84 .
In segments of 55 'h Street where no storm sewers are present, stormwater runoff
enters the FCWRD's system through the 55` h Street Interceptor .
85
.
The wet weather flows from 55' h Street contribute to the unauthorized CSOs
within FCWRD's system
.
8
86 .
The wet weather flows from 55 th Street interfere with the effective operation of
FCWRD's wastewater treatment facility
.
87 .
The wet weather flows from 55 th Street interfere with FCWRD's ability to allow
capacity for wastewater from existing and new residents within its service area
.
88
.
By failing to provide for wet weather flows from 55 th Street, DDOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of FCWRD's
ordinance prohibiting wet weather flows and Illinois regulations governing CSOs, found at 35 Il
.
Adm. Code Part 306, Subpart C .
89 .
By failing to provide for wet weather flows from 55 th Street, DDOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of the Act's
prohibition on causing or contributing to water pollution and violating regulations and standards
adopted by the Board under the Act 415 ILCS 5112(a) .
90 .
By failing to provide for wet weather flows from 55
th Street, DDOT is in violation
of the Board rule at 35 Il. Adm. Code 307.1101, prohibiting any person from introducing
pollutants that interfere with the operation and performance of FCWRD .
91 .
DDOT's wet weather flows from 55 `h
Street interfere with FCWRD's fulfillment
of its statutory duty to provide capacity for sanitary flows from existing and new residents within
its service area .
Relief Requested
WHEREFORE, for all of the foregoing reasons, FRCWRD requests that the Illinois
Pollution Control Board :
A .
Issue an order directing Hinsdale to comply with the direction of the Sanitary
Water Board requiring Hinsdale to separate its combined sewer ;
B .
Issue an order directing Hinsdale to comply with the FCWRD's ordinance
prohibiting combined sewers ;
C .
Issue an order directing Hinsdale to comply with the Act, Board regulations and
the CSO Control Policy, and stop the storm water flows and large leaf load from
entering FCWRD's sewers;
D .
Issue an order directing Hinsdale, MWRD, MOT and DDOT to address their wet
weather flows, and stop the storm water flows from entering FCWRD's sewers ;
and
E.
Grant any other additional relief which fully and completely rectifies the
violations complained of herein
.
9
Dated: March 3, 2006
GARDNER CARTON & DOUGLAS LLP
Richard J. Kissel
Roy M. Harsch
John A. Simon
Gardner Carton & Douglas LLP
191 North Wacker Drive
Suite 3700
Chicago, Illinois 60606
CH02/ 22408025 .1
1 0
FLAGG CREEK WATER
RECLAMATION DISTRICT
By :
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
MAR 0 3 2006
FLAGG CREEK WATER RECLAMATION
)
STATE OF
ILLINOIS
DISTRICT
)
Pollution Control Board
Complainant
)
PCB 06-
14(
V .
)
VILLAGE OF HINSDALE, METROPOLITAN )
WATER RECLAMATION DISTRICT OF )
GREATER CHICAGO, ILLINOIS )
DEPARTMENT OF TRANSPORTATION,
)
DUPAGE COUNTY
)
Respondents .
)
NOTICE TO RESPONDENT
TO: See Service list attached hereto
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control Board
(Board) a formal complaint, a copy of which is served on you along with this notice. You may
be required to attend a hearing on a date set by the Board
.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act) (415 ILCS 5/1
et seq.)
and the Board's procedural rules (35
Ill. Adm. Code 101 and 103). These can be accessed at the Board's Web site
(www.ipcb.state.il.us). The following is a summary of some of the most important points in the
Act and the Board's procedural rules . It is provided for general informational purposes only and
does not constitute legal advice or substitute for the provisions of any statute, rule, or regulation
:
Board Accepting Formal Complaint for Hearing ; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it is
either "duplicative" or "frivolous" within the meaning of Section 31(d) of the Act (415 ILCS
5/31(d)) and Section 101 .202 of the Board's procedural rules (35 Ili. Adm. Code 101.202) .
"Duplicative" means that an identical or substantially similar case is already pending before the
Board or in court
.
See
35 Ill. Adm. Code 103.212(a) and item 10 of the formal complaint
.
"Frivolous" means that the formal complaint seeks relief that the Board does not have the
authority to grant, or fails to state a cause of action upon which the Board can grant relief . For
example, the Board has the authority to order a respondent to stop polluting and pay a civil
penalty, to implement pollution abatement measures, or to perform a cleanup or reimburse
cleanup costs. The Board does not have the authority, however, to award attorney fees to a
citizen complainant
.
See 35 Ill. Adm. Code 103.212(a) and items 5 and 9 of the formal
complaint .
If you believe that this formal complaint is duplicative or frivolous, you may file a
motion with the Board, within 30 days after the date you were served with the complaint,
requesting that the Board not accept the complaint for hearing. The motion must state the facts
supporting your belief that the complaint is duplicative or frivolous . Memoranda, affidavits, and
any other relevant documents may accompany the motion. If you need more time than 30 days
to file a motion alleging that the complaint is duplicative or frivolous, you must file a motion for
an extension of time within 30 days after service of the complaint . A motion for an extension of
time must state why you need more time and the amount of additional time you need . Timely
filing a motion alleging that the complaint is duplicative or frivolous will stay the 60-day period
for filing an answer to the complaint
. See 35 111. Adm. Code 103.204, 103.212(b) .
All motions filed with the Board's Clerk must include an original, nine copies, and proof
of service on the other parties. Service may be made in person, by U .S. mail, or by messenger
service. Mail service is presumed complete four days after mailing
. See 35 Ill. Adm. Code
101.300(c), 101 .302, 101.304 .
If you do not respond to the Board within 30 days after the date on which the complaint
was served on you, the Board may find that the complaint is not duplicative or frivolous and
accept the case for hearing. The Board will then assign a hearing officer who will contact you to
schedule times for telephone status conferences and for hearing
. See 35 Ill. Adm. Code
103.212(a) .
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after you
receive the complaint. If you timely file a motion alleging that the complaint is duplicative or
frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the complaint, then you
may file an answer within 60 days after the Board rules on your motion
. See 35 Ill. Adm. Code
101.506, 103.204(d), (e), 103.212(b) .
The Board's procedural rules require the complainant to tell you as respondent 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 . 35111.
Adm. Code 103.204(f).
Necessity ofanAttorney
Under Illinois law, an association, citizens group, unit of local government, or corporation
must be represented before the Board by an attorney . In addition, an individual who is not an
attorney cannot represent another individual or other individuals before the Board . However,
even if an individual is not an attorney, he or she is allowed to represent (1) himself or herself as
an individual or (2) his or her unincorporated sole proprietorship
.
See
35 Ill. Adm. Code
101.400(a). Such an individual may nevertheless wish to have an attorney prepare an answer
and any motions or briefs, and present a defense at hearing
.
Costs
In defending against this formal complaint, you are responsible for your attorney fees,
duplicating charges, travel expenses, witness fees, and any other costs that you or your attorney
may incur. The Board requires no filing fee to file your answer or any other document with the
Board. The Board will pay any hearing costs (e.g., hearing room rental, court reporting fees,
hearing officer expenses)
.
If you have any questions, please contact the Clerk's Office at (312) 814-3629
.
Tim Martin, Director
Illinois Department of Transportation
2300 S. Dirksen Parkway
Springfield, IL 62764
(217) 782-7820
with copy to :
Richard Christopher, Esq .
Office of the Chief Counsel
Illinois Department of Transportation
310 S. Michigan Avenue, Suite 1607
Chicago, IL 60604
(312) 793-4837
For the Illinois Department of Transportation
Robert J. Schillerstrom
DuPage County Board Chairman
Jack T. Knuefer Administration Building
421 N. County Farm Road
Wheaton, IL 60187
(630) 407-6060
with copy to :
Joseph E. Birkett
DuPage County States Attorney
503 N. County Farm Road
Wheaton, IL 60187
(630) 407-8000
SERVICE LIST
Flagg Creek Water Reclamation District v. Village of Hinsdale, et al.
For the DuPage County, Division of Transportation
CERTIFICATE OF SERVICE
I, John A. Simon, an attorney, certify that I sent a copy of the Complaint and Notice to
Respondent, to be served to the attorneys at the addresses indicated below this& day of March,
2006
:
Tim Martin, Director
Illinois Department of Transportation
ViaOvernight Delivery
2300 S. Dirksen Parkway
Springfield, IL 62764
(217) 782-7820
with copy to :
Richard Christopher, Esq .
Office of the Chief Counsel
Illinois Department of Transportation
310 S. Michigan Avenue, Suite 1607
ViaMessenger Delivery
Chicago, IL 60604
(312) 793-4837
For the Illinois Department of Transportation
Robert J. Schillerstrom
DuPage County Board Chairman
Jack T. Knuefer Administration Building
ViaOvernight Delivery
421 N. County Farm Road
Wheaton, IL 60187
(630) 407-6060
with copy to
:
Joseph E. Birkett
DuPage County States Attorney
ViaOvernight Delivery
503 N. County Farm Road
Wheaton, IL 60187
(630) 407-8000,
For the DuPage County, Division of Transportation
John C. Farnan,P.E .
General Superintendent
Metropolitan Water Reclamation District of Greater Chicago
Via
Messenger Delivery
100 East Erie Street
Chicago, IL 60611-3154
(312) 751-5600
with copy to
:
Frederick Feldman, Esq
.
Chief Legal Counsel
Metropolitan Water Reclamation District of Greater Chicago
Via
Messenger Delivery
100 East Erie Street
Chicago, IL 60611-3154
(312) 751-6566
For the Metropolitan Water Reclamation District of Greater Chicago
Michael D. Woerner
President
Village of Hinsdale
Via
Overnight Delivery
19 E. Chicago Avenue
Hinsdale, IL 60521-3489
(630) 789-7011
with copy to :
Mark Steger, Esq .
Holland & Knight, LLC
131 S. Dearborn Street, 30th Floor
Via
Messenger Delivery
Chicago, IL 60603
(312) 578-6557
For the Village of Hinsdale
CI 102122440670 .1
JI
- A. Simon
