ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FLAGG CREEK WATER
RECLAMATION DISTRICT,
Complainant,
vs .
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY,
Respondents.
TO:
Persons on the attached service list
PLEASE TAKE NOTICE that I have filed today with the Office of the Clerk of the Illinois
Pollution Control Board, 100 W . Randolph St ., Suite 11-500, Chicago, IL, the ANSWER AND
AFFIRMATIVE DEFENSES OF RESPONDENT, VILLAGE OF HINSDALE, a copy of which is
herewith served upon you .
Respectfully Submitted,
NOTICE OF FILING
William D . Seith
CERTIFICATE OF SERVICE
I, William D
. Seith, an attorney, certify that I sent a copy of the foregoing ANSWER AND
AFFIRMATIVE DEFENSES OF RESPONDENT, VILLAGE OF HINSDALE to the parties on the
attached Service List on this 4" of May, 2006 .
William D . Seth
William D . Seith
Total Environmental Solutions, P .C .
635 Butterfield Rd ., Suite 240
Oakbrook Terrace, IL 60181
Main: 630-620-9100
Fax: 630-620-9108
wdseith@tespc.co
m
Dated: May 4, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
SERVICE LIST
Flagg Creek Water Reclamation District vs
. Village of Hindale, et
al
.
For the Flagg Creek Water Reclamation
District :
Richard J . Kissel
Roy M . Harsch
John A. Simon
Gardner Carton & Douglas, LLP
191 N . Wacker Dr
., Suite 3700
Chicago, IL 60606
rkissel(aDgcd.com
For the Illinois Department
of
Transportation :
Richard Christopher
Special Assistant Attorney General
Illinois Department of Transportation
300 W
. Adams, 2nd Floor
Chicago, IL 60606
christopherra aC).dot.il.gov
rharsch(a), gcd.com
jsimon(cigcd.dom
For the DuPage County, Division of
Transportation :
Robert E . Douglas
Assistant State's Attorney
DuPage County State's Attorney's Office
505 N . County Farm Rd .
Wheaton, IL 60187
630-407-8205
For the Metropolitan Water Reclamation
District of Greater Chicago :
Frederick M . Feldman
Lisa Luhrs Draper
Metropolitan Water Reclamation District of
Greater Chicago
100 E. Erie St .
Chicago, IL 60611-3154
312-751-6576
For the Illinois Pollution Control Board
:
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W . Randolph St ., Suite 11-500
Chicago, IL 60601
312-814-8917
hallorab(a),
ipcb.state
. il .us
Co-Counsel For the Village of Hinsdale
:
Kenneth M . Florey
Robbins Schwartz Nicholas Lifton &
Taylor, Ltd .
20 N . Clark St., Suite 900
Chicago, IL 60602
312-332-7760
kflorey(a)_rsnlt .com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
Answer and Affirmative Defenses
of Respondent, Village of Hinsdale
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 ILCS 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 .
Answer:
The Village of Hinsdale ("Hinsdale") admits that this action has been filed
by FCWRD
. The remainder of this paragraph submits a legal conclusion which
Hinsdale neither admits nor denies . Hinsdale submits that Section 31 of the Act speaks
for itself .
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 .
Answer:
Hinsdale admits that FCWRD serves Hinsdale . Hinsdale lacks knowledge
sufficient to form a belief as to the remaining allegations contained in paragraph 2
.
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
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FLAGG CREEK WATER RECLAMATION
)
DISTRICT,
)
Complainant,
)
vs .
)
PCB 06-141
VILLAGE OF HINSDALE, METROPOLITAN )
WATER RECLAMATION DISTRICT OF
)
GREATER CHICAGO, ILLINOIS
)
DEPARTMENT OF TRANSPORTATION,
)
DUPAGE COUNTY,
)
Respondents .
)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
sewer system that conveys wastewater to both the Metropolitan Water Reclamation
District of Greater Chicago (MWRD) and the FCWRD
.
Answer :
Hinsdale admits that it is a municipality and that it owns and operates a
sewer system . Hinsdale admits that a portion of its system is a combined sewer
system . Hinsdale also admits that a portion of its system conveys wastewater to
MWRD . Hinsdale admits that most of its system conveys wastewater to 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 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 4 .
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 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 5
.
6.
MWRD is a municipal government agency created by the Illinois
Legislature
people
. The
in
District
1889
. MWRD
serves
has
an
a
area
combined
of 872
sewer
square
overflow
miles which
equivalent
includes the
of 0City
.5-millionof
Chicago and 124 suburban communities
. MWRD is also the designated stormwater
management agency for Cook County .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 6
.
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
.
Answer :
Hinsdale denies that it contributes excess flow to FCWRD at any time
.
Hinsdale lacks knowledge sufficient to form a belief as to the remaining allegations
contained in paragraph 7 .
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
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 .
Answer :
Hinsdale denies allegations of paragraph 8 .
9 .
The FCWRD wastewater treatment plant (WWTP) 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
.
Answer :
Hinsdale admits the allegations of paragraph 9 .
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 (1-294), to the FCWRD WWTP . This interceptor is
known as the "Mainline Interceptor ." See Figure 1 .
Answer : Hinsdale admits that FCWRD has an interceptor that serves Hinsdale .
Hinsdale lacks knowledge sufficient to form a belief as to the remaining allegations
contained in paragraph 10 .
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 55`
h
Street
Interceptor, running west along 55 th Street; the 59th Street Interceptor, running south
along 591h Street; and the 63rd Street Interceptor, running south along 63rd Street . See
Figure 1 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 11 .
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.
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 12 .
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 .
Answer :
Hinsdale admits that it has an NPDES permit for four CSO discharge
points to Flagg Creek . Hinsdale denies that the Sanitary Water Board has ever issued
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
an order to Hinsdale
. Further, Hinsdale submits that any such order would have been
of no force and effect following the passage in 1970 of the Illinois Environmental
Protection Act, 415 ILCS 5/1, et seq.,
and the creation, thereby, of the Illinois
Environmental Protection Agency ("Illinois EPA") and the Illinois Pollution Control Board
("Illinois PCB")
. Hinsdale lacks knowledge sufficient to form a belief as to the remaining
allegations contained in paragraph 13 .
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 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 14 .
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
.
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 15 .
16.
The pumping capacity of the Spinning Wheel Pumping Station is greater
than the capacity of the SWPC 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 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 16
.
17.
FCWRD has an NPDES Permit, No
. 1L0022586, which allows one CSO
discharge point for excess flows from its WWTP
. Standard Condition Number 26 of the
District's NPDES permit prohibits CSOs at any other points
.
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 17
. Further stating, Hinsdale submits that FCWRD's NPDES
Permit speaks for itself .
18.
FCWRD's Ordinance, which has been in place since 1931, revised in
1961 and 1980, prohibits combined sewer systems within its service area
.
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 18
. Further stating, Hinsdale submits that FCWRD's ordinance
speaks for itself
. Further stating, Hinsdale submits that the Illinois PCB lacks jurisdiction
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
to enforce FCWRD's ordinances
. Further stating, Hinsdale submits that any such
ordinance is of no force and effect since Illinois EPA is the exclusive permitting authority
for combined sewer systems .
19.
The un-permitted 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 II . Adm
. Code Part 306, Subpart C
.
Answer:
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 19
. Further stating, Hinsdale submits that Hinsdale's system is
in full compliance with the U
.S
. EPA's CSO Control Policy and with the CSO NPDES
permit issued to Hinsdale by Illinois EPA .
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 .
Answer:
Hinsdale denies that it causes unauthorized CSO events
. Hinsdale lacks
knowledge sufficient to form a belief as to the remaining allegations contained in
paragraph 20
.
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
.
Answer:
Hinsdale denies that any corrective action by Hinsdale is required
.
Hinsdale lacks knowledge sufficient to form a belief as to the remaining allegations
contained in paragraph 21 .
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
.
Answer:
Hinsdale admits that a portion of its sewer system is combined
. Hinsdale
admits the remaining allegations of paragraph 22
.
23.
Hinsdale's combined sewer system allows storm water drainage from
streets and public and private property during storm events to combine directly with
sanitary waste flows .
Answer
:
With respect to the portion of Hinsdale's system that is combined,
Hinsdale admits the allegations of paragraph 23
. Hinsdale denies the remaining
allegations of paragraph 23
.
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
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.
Answer:
Hinsdale admits some portions of its system were constructed prior to
1900 . Hinsdale denies the remaining allegations of paragraph 24
.
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 .
Answer :
Hinsdale admits the admits the allegations in paragraph 25 .
26.
On information and belief, there is at least one additional unknown sewer
connection along FCWRD's Mainline Interceptor from Hinsdale
.
Answer:
Hinsdale denies the allegations of paragraph 26 .
27 .
Hinsdale holds an NPDES permit, No
. 1L0066818, 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
.
Answer :
Hinsdale admits the allegations of paragraph 27
.
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
.
Answer :
Hinsdale denies that its NPDES permit requires that only ten times
average dry weather flows be treated
. Further stating, Hinsdale submits that its NPDES
permit speaks for itself and requires in relevant part
:
All dry weather flows, the first flush of storm flows, and additional flows,
but not
less than
ten times the average dry weather flow for the design year,
shall be
conveyed
to the Hinsdale Sanitary District and MWRDGC -
Stickney STP for
treatment
. (NPDES Permit 1L0066818, page 2, par. 2, emphasis added .)
Hinsdale admits the remaining allegations of paragraph 28
.
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
.
Answer :
Hinsdale admits that during some storm events it conveys more than ten
times the average dry weather flow to FCWRD
. Further stating, Hinsdale submits that it
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
is in full compliance with its NPDES permit
. Hinsdale denies the remaining allegations
of paragraph 29
.
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
.
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraph 30
.
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
.
Answer :
Hinsdale denies that it contributes excess flows to FCWRD and that it
causes unauthorized CSO events
. Hinsdale lacks knowledge sufficient to form a belief
as to the remaining allegations contained in paragraph 31
.
32.
The large volume of wet weather flows from Hinsdale cause both Hinsdale
and the FCWRD to experience unauthorized CSOs within their respective systems
.
Answer
:
Hinsdale denies the allegations of paragraph 32
.
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
.
Answer
:
Hinsdale denies the allegations of paragraph 33 .
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
.
Answer :
Hinsdale denies the allegations of paragraph 34
.
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 .
Answer :
Hinsdale denies that the Sanitary Water Board ever issued an order
directing Hinsdale to separate its sewers
. Further stating, Hinsdale submits that any
such order would have been of no force and effect following the passage in 1970 of the
Illinois Environmental Protection Act, 415 ILCS 5/1, et seq
. and the creation, thereby, of
the Illinois EPA and the Illinois PCB
. Further stating, Hinsdale submits that it is in full
compliance with its NPDES permit, which permit authorizes Hinsdale's utilization of a
combined sewer system
.
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
36 .
Hinsdale is in violation of FCWRD's ordinance prohibiting combined
sewers to discharge to the FCWRD sewer system .
Answer :
Hinsdale denies the allegations of paragraph 36
. Further stating,
Hinsdale submits that FCWRD's ordinance speaks for itself
. Further stating, Hinsdale
submits that the Illinois PCB lacks jurisdiction to enforce FCWRD's ordinances
. Further
stating, Hinsdale submits that any such ordinance is of no force and effect since Illinois
EPA is the exclusive permitting authority for combined sewer systems
.
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.
Answer :
Hinsdale denies the allegations of paragraph 37 .
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 .
Answer :
Hinsdale denies the allegations of paragraph 38 .
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
.
Answer :
Hinsdale denies the allegations of paragraph 39 .
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 .
Answer :
Hinsdale denies the allegations of paragraph 40
. Hinsdale denies that the
Sanitary Water Board ever issued an order directing Hinsdale to separate its sewers
.
Further stating, Hinsdale submits that any such order would have been of no force and
effect following the passage in 1970 of the Illinois Environmental Protection Act, 415
ILCS 5/1, et seq
. and the creation, thereby, of the Illinois EPA and the Illinois PCB
.
Further stating, Hinsdale submits that FCWRD's ordinance speaks for itself
. Further
stating, Hinsdale submits that the Illinois PCB lacks jurisdiction to enforce FCWRD's
ordinances
. Further stating, Hinsdale submits that any such ordinance is of no force
and effect since Illinois EPA is the exclusive permitting authority for combined sewers
.
Further stating, Hinsdale submits that it is in full compliance with U .S
. EPA's CSO Policy
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
and its NPDES permit, which permit authorizes Hinsdale's utilization of a combined
sewer system .
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)
.
Answer :
Hinsdale denies the allegations of paragraph 41
.
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)
.
Answer :
Hinsdale denies the allegations of paragraph 42
.
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
.
Answer :
Hinsdale denies the allegations of paragraph 43
.
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 .
Answer :
Hinsdale denies the allegations of paragraph 44
.
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
.
Answer :
Hinsdale denies the allegations of paragraph 45
.
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 5121(a)
.
Answer :
Hinsdale denies the allegations of paragraph 46
.
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
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
U.S
. EPA, and Illinois regulations governing CSOs, found at 35 IL . Adm
. Code Part 306,
Subpart C .
Answer:
Hinsdale denies the allegations of paragraph 47 .
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)
.
Answer:
Hinsdale denies the allegations of paragraph 48 .
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 .
Answer:
Hinsdale denies the allegations of paragraph 49 .
50 .-91 .
Answer :
Hinsdale lacks knowledge sufficient to form a belief as to the allegations
contained in paragraphs 50 through 91, all of which are directed to other parties
.
Affirmative Defenses
1 .
Numerous allegations in FCWRD's Complaint are based on the supposed
issuance of a 1968 order by the now defunct Illinois Sanitary Water Board
.
2 .
In 1970, the Illinois General Assembly passed the Illinois Environmental
Protection Act ("Act"), 415 ILCS 5/1, et seq ., into law .
3.
Section 4 of the Act, 415 ILCS 5/4, establishes the Illinois EPA and
provides, inter alia, that
: "The Agency is hereby designated as water pollution agency
for the state for all purposes of the Federal Water Pollution Control Act, as amended
. . .
." (415 ILCS 5/4(I))
4.
Section 5 of the Act, 415 ILCS 5/5, establishes the Illinois PCB and
provides, inter alia, that
: "The Board shall have authority to conduct proceedings upon
complaints charging violations of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order
. . .
." (415 ILCS 5/5(d))
5.
Section 39(b) of the Act, 415 ILCS 5/39(b), grants authority to the Illinois
EPA to issue NPDES permits and provides, inter alia,
that "All NPDES permits shall
contain those terms and conditions, including by not limited to schedules of compliance,
which may be required to accomplish the purposes and provisions of this Act
."
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
6.
On or about August 22, 2000, Hinsdale received NPDES Permit IL
0066818 from Illinois EPA authorizing CSO discharges at four discharge points . The
NPDES permit contains numerous conditions . Absent from the NPDES permit is any
condition that requires Hinsdale to fully separate its combined sewer system . NPDES
Permit IL 0066818 is an explicit authorization for Hinsdale to own and operate a
combined sewer system .
7.
Hinsdale is in full compliance with the terms and conditions set forth in
NPDES Permit IL 0066818
.
8.
Hinsdale is in full compliance with the requirements of the Act and the
rules and regulations of the Illinois PCB relating to combined sewer systems .
WHEREFORE, for all of the foregoing reasons, Hinsdale requests that the Illinois
Pollution Control Board :
A.
Issue an order finding that any order of Sanitary Water Board that may
have been issued in 1968 is of no force and effect and has been superceded by
passage of the Illinois Environmental Protection Act and the creation of the Illinois EPA
and the Illinois PCB ;
B .
Issue an order finding that the Illinois PCB has no jurisdiction or authority
to enforce ordinances issued by the FCWRD ;
C .
Issue an order finding that Illinois EPA has exclusive authority for
permitting combined sewer systems and finding that FCWRD's ordinance prohibiting
combined sewers is therefore of no force and effect ;
D .
Issue an order finding that Hinsdale is in full compliance with NPDES
Permit IL 0066818 ;
E.
Issue an order finding that Hinsdale is in full compliance with the Act and
the Illinois PCB rules and regulations relating to combined sewer systems ; and
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
F.
Issue an order dismissing FCWRD's complaint against Hinsdale with
prejudice .
VILLAGE OF HINSDALE
By:
Dated
: May 5, 2006
Total Environmental Solutions, P
.C.
635 Butterfield Road, Suite 240
Oakbrook Terrace, IL 60181
630-620-9100
wdseith(d), tespc.co m
12
William D
. Seith, its Attorney
