BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FLAGG CREEK WATER RECLAMATION
DISTRICT
Complainant
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY
Respondents.
PCB 06-141
NOTICE OF FILING
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,
copies of which are herewith
the Amended Complaint to Respondent and
Notice of Filing.
1
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: June 29,2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FLAGG CREEK WATER RECLAMATION
DISTRICT
Complainant
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY
Respondents.
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PCB 06-141
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1
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CERTIFICATE OF SERVICE
The undersigned being first duly sworn upon oath states that I served a Notice of Filing
and Amended Complaint, on the 29th day
6, by Electronic Mail, to each person
1
Subscribed and sworn to before me this
29th day of June, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
SERVICE LIST
Flagg
Creek Water Reclamation District v. Village of Hinsdale, et
al.
Richard Christopher, Esq.
Special Assistant Attorney General
Illinois Department of Transportation
300 W.
Adams,
2nd
Floor
Chicago, IL 60606
Phone: (3 12) 793-4837
Fax: (3 12) 793-4974
Email: christopherra@dot.il.gov
For the Illinois Department of Transportation
Robert E. Douglas
Assistant State's Attorney
DuPage County State's Attorney's Office
505 N. County Farm Road
Wheaton,
IL
60
187
Phone: (630) 407-8205
Robert.Douglas@dupageco.org
For the
DuPage County, Division of
Transportation
Bradley
Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL
60601
Phone: (312) 814-8917
Email:
hallorab@ipcb.state.il.us
Frederick M. Feldman, Esq.
Alan J. Cook, Esq.
Lisa Luhrs Draper, Esq.
Metropolitan Water Reclamation District of
Greater Chicago
100 East Erie Street
Chicago, IL 6061
1-3
154
Phone: (3 12) 75 1-6576
Email: frederick.feldman@mwrd.org
For the Metropolitan Water Reclamation District
of Greater Chicago
William D. Seith, Esq.
Total Environmental Solutions
635 Butterfield Road, Suite 240
Oakbrook Terrace, IL
601
81
Email: wdseith@tespc.com
For the Village of Hinsdale
IPCB Hearing Officer
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FLAGG CREEK WATER RECLAMATION
DISTRICT
Complainant
VILLAGE OF HINSDALE, METROPOLITAN
WATER RECLAMATION DISTRICT OF
GREATER CHICAGO, ILLINOIS
DEPARTMENT OF TRANSPORTATION,
DUPAGE COUNTY
Respondents.
PCB 06-141
Amended Complaint
Jurisdiction
1.
Complainant Flagg Creek Water Reclamation District (FCWRD), by and through
its counsel Gardner Carton
&
Douglas LLP, brings this Amended Complaint before the Illinois
Pollution Control Board ("Board") pursuant to Section 3
1
(d)(l) of the Illinois Environmental
Protection Act ("Act"), 4 15 ILCD
513 1 (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
approxin~ately
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
511-1-1, et seq. Hinsdale owns and operates a combined sewer system
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
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
270512705-1
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 wet weather.
The
Flagg Creek Water Reclamation District System
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.
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.
1 1.
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" Street; the
59th
Street Interceptor, running south along
59" Street; and
the
63'"treet
Interceptor, running south along
63'd Street. See Figure 1.
12.
FCWRD's other main interceptor is the Spinning Wheel Interceptor formerly
known as the Storm Water Pollution Control Interceptor which runs
from its Spinning Wheel
Pumping station south along
1-294.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
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 Spinning Wheel Interceptor,
along Interstate 294. See Figure
1.
15.
The Spinning Wheel Pumping Station and Spinning Wheel Interceptor were
generally intended to serve two purposes: to serve a new northern service area and to catch
overflows from the
FCWRD's existing forty two inch interceptor. It has also temporarily
provided 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 Spinning Wheel 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 Spinning Wheel Interceptor and create hydraulic obstructions and overflows in other
interceptors.
17.
FCWRD has an NPDES Permit, No.
IL0022586, which allows one discharge
point for excess wet weather flows from its WWTP. Standard Condition Number 26 of the
District's NPDES permit prohibits CSOs at any other points.
18.
The unpermitted CSO events that occur in the FCWRD system do not comply
with state regulations governing CSOs found at 35
11. Adm. Code Part 306, Subpart C.
19.
The actions by Hinsdale, MWRD,
DOT and DDOT that cause stormwater to
enter the FCWRD sewer system cause or contribute to the unauthorized CSO events.
20.
FCWRD cannot comply with the terms and conditions of its NPDES permit
without the cooperation and corrective actions of Hinsdale, MWRD,
DOT and DDOT in
eliminating wet weather flows from the FCWRD system.
Count I:
The Village of Hinsdale
21.
Hinsdale owns and operates a combined sewer system, and collects fees
fkom
certain residents for its ownership and operation of the combined sewer system.
22.
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.
23.
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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
24.
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.
25.
On information and belief, there is at least one additional unknown sewer
connection along FCWRD's Mainline Interceptor from Hinsdale.
26.
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.
27.
Special Condition No. 6 of Hinsdale's NPDES Permit expressly requires that:
"Permitter shall comply with the nine minimum controls contained in the National CSO Control
Policy published in the Federal Register on April 19, 1994."
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.
3
1.
The large volume of wet weather flows from Hinsdale, combined with the short
travel time, surcharges FCWRD interceptors. The Mainline Interceptor and its Spinning Wheel
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 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
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.
37.
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.
38.
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.
39.
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, Hinsdale's
NPDES Permit, and Illinois regulations governing CSOs, found at 35
11. Adm. Code Part 306,
Subpart C.
40.
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, 41
5 ILCS
511
2(a).
41.
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, 41 5 ILCS
5/12(b).
42.
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
11. Adm. Code
307.1
101,
prohibiting any person from introducing pollutants that interfere with the operation and
performance of FCWRD.
43.
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.
44.
By failing to operate its leaf collection program to prevent leaves and storrnwater
from entering the FCWRD system, Hinsdale is in violation of Hinsdale's NPDES Permit.
45.
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).
46.
By failing to operate its leaf collection program to prevent leaves from entering
the FCWRD system, Hinsdale is in violation of Hinsdale's NPDES Permit and Illinois
regulations governing CSOs, found at 35
11. Adm. Code Part 306, Subpart C.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
47.
By failing to operate its leaf collection program to prevent leaves from entering
the FC WRD system, Hinsdale is in violation of the conditions of its NPDES
Pennit from Illinois
EPA, and in violation of the Act, 41 5 ILCS
5/12(b).
48.
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
11. Adm. Code 307.1 101,
prohibiting any person from introducing pollutants that interfere with the operation and
performance of FCWRD.
Count
11:
Metropolitan Water Reclamation District
49.
FCWRD has historically served an area in Cook County that was placed under the
jurisdiction of the MWRD in the 1970s.
50.
Service to these areas in Cook County continues to be provided by FCWRD
("FC WRD-served area").
5
1.
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").
52.
FCWRD's sewer system accepts the dry weather and wet weather flows from the
FC WRD-served area.
53.
The MWRD sewer system has flow restrictors in its junction chambers where
flows from Hinsdale are directed to the MWRD's sewer system.
54.
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.
55.
On information and belief, those flows then make their way to the FCWRD sewer
system.
56.
On information and belief, the MWRD interceptor that receives the flows from
the MWRD-served area has capacity that is not being used.
57.
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
FC
WRD's system, in violation of MWRD's NPDES permit, and Illinois regulations governing
CSOs, found at 35
11. Adm. Code Part 306, Subpart C.
58.
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).
59.
By diverting flows from the MWRD-served area to FCWRD, MWRD is in
violation of the Board rule at 35
11. Adm. Code 307.1
101, prohibiting any person from
introducing pollutants that interfere with the operation and performance of FCWRD.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
60.
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.
61.
MWRD is authorized by statute to regulate stormwater within Cook County.
62.
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.
63.
Stormwater that flows into Flagg Creek is obstructed by dead trees and other
detritus and does not properly flow downstream.
64.
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.
65.
MWRD's failure to remove the dead trees and other detritus
from Flagg Creek so
that stormwater is not obstructed in the Creek, is a violation of the Act's prohibition on causing
or contributing to water pollution, and a violation of regulations and standards adopted by the
Board under the Act, 415 ILCS
5/12(a) as well as a violation of the Board rule at 35
11. Adm.
Code 307.1 101, prohibiting any person from introducing pollutants that interfere with the
operation and performance of FCWRD.
66.
MWRD interferes with FCWRD's fulfillment of its statutory duty to provide
capacity for sanitary flows from existing and new residents within its service area by
MWRD's
failure to remove detritus from Flagg Creek downstream from FCWRD's WWIP.
Count
111:
Illinois Department of Transportation
67.
The Illinois Department of Transportation (IDOT) has jurisdiction over a part of
55th
Street east of County Line Road, and is responsible for its operation, repair and
maintenance.
68.
55th
Street was originally constructed as a two-lane roadway, but IDOT expanded
55"' Street east of County Line Road to a four-lane roadway and added curbs.
69.
By expanding
55"' Street and adding curbs, IDOT has substantially increased the
amount of stormwater that is conveyed to the FCWRD.
70.
The wet weather flows from
55th
Street contribute to the unauthorized
CSOs
within FCWRD's system.
7
1.
The wet weather flows from
55"' Street interfere with the effective operation of
FCWRD's wastewater treatment facility.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
72.
The wet weather flows from
55th
Street interfere with FCWRD's ability to allow
capacity for wastewater from existing and new residents within its service area.
73.
By failing to provide for wet weather flows from
55th
street, IDOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of Illinois regulations
governing CSOs, found at
35
11.
Adm. Code Part 306, Subpart C.
74.
By failing to provide for wet weather flows from
55th
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).
75.
By failing to provide for wet weather flows from
55th
Street, IDOT is in violation
of the Board rule at
35
11.
Adm. Code 307.1 101, prohibiting any person from introducing
pollutants that interfere with the operation and performance of FCWRD.
76.
IDOT7s
wet weather flows from
Sth
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
77.
DDOT has jurisdiction over part of
551h
Street west of County Line Road, and is
responsible for its operation, repair and maintenance.
78.
55'h
Street was originally constructed as a two-lane roadway, but DDOT
expanded
55"'
Street west of County Line Road to a four-lane roadway and added curbs.
79.
DDOT has installed storm sewers on certain segments of
55th
Street, but has not
installed storm sewers to accept the runoff from all of
55th
Street
80.
In segments of
55th
Street where no storm sewers are present, stormwater runoff
enters the FCWRD
7
s system through the
55th
Street Interceptor.
81.
The wet weather flows from
5sth
Street contribute to the unauthorized CSOs
within FCWRD's system.
82.
The wet weather flows from
55"'
Street interfere with the effective operation of
FCWRD's wastewater treatment facility.
83.
The wet weather flows from
5sth
Street interfere with
FCWRD7s
ability to allow
capacity for wastewater from existing and new residents within its service area.
84.
By failing to provide for wet weather flows from
55'h
Street, DDOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of Illinois regulations
governing CSOs, found at 35
11. Adm. Code Part 306, Subpart C.
85.
By failing to provide for wet weather flows from
55th
Street, DDOT is causing or
contributing to unauthorized CSOs within FCWRD's system, in violation of the Act's
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
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).
86.
By failing to provide for wet weather flows from
55th
street, DDOT is in violation
of the Board rule at 35
11. Adm. Code 307.1 101, prohibiting any person from introducing
pollutants that interfere with the operation and performance of FCWRD.
87.
DDOT's wet weather flows from
55th
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 Act, Board regulations, and
stop the storm water flows and large leaf load from entering
FCWRD's sewers;
C.
Issue an order directing Hinsdale, MWRD,
DOT and DDOT to address their wet
weather flows, and stop the storm water flows from entering
FCWRD's sewers;
and
D.
Grant any other additional relief which fully and completely
rectifies the
violations complained of herein.
Dated: March 3, 2006
1
GARDNER CARTON
&
DOUGLAS LLP
Richard J.
Kissel
Roy M. Harsch
John A. Simon
Gardner Carton
&
Douglas LLP
1 9
1 North Wacker Drive
Suite 3700
Chicago, Illinois 60606
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 29, 2006
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