Lisa Madigan
AI"fORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v
. Village of Dorchester
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint in regard to the above-captioned matter
. Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope
.
KLG/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
November 14, 2006
Thank you for your cooperation and consideration
.
Very,truly yo rs
J .
Horn
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
F1ECLERK'S
.' .;°IVEDOFFICE
NOV 1 b 2006
STATE OF ILLINOIS
Pollution Control Board
LP o 1
cnn c.-1, c.,-nod crrppr c„rIooFPld . Illinois 62706 • (217) 782-109()
• YFY: (217) 785-2771
• Fax : (217) 782-7046
REC
,EIVED
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
OFFICE
NOV
1 6 P006
PEOPLE OF THE STATE OF
)
Pollut
on
Control
ILLINOIS,
Bo d
)
Complainant,
)
)
,31
vs.
)
PCB No
. ~~
(Enforcement)
VILLAGE OF DORCHESTER,
)
an Illinois municipal corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Village of Dorchester
an Illinois municipal corporation
c/o Charles Knoche, Village President
Village Hall
100 Jermain
Dorchester, IL 62033
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you
. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this 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 .
1
FURTHER,
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : November 14, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Drviston)
BY:
&'L. HOMAN
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on November 14, 2006, send by certified mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT :
To :
Village of Dorchester
an Illinois municipal corporation
c/o Charles Knoche, Village President
Village Hall
100 Jermain
Dorchester, IL 62033
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
J . L. Homan
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S
RECEIVEDOFFICE
PEOPLE OF THE STATE OF
)
NOV 1
6
2006
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs .
)
PCB No. V
(Enforcement)
VILLAGE OF DORCHESTER,
)
an Illinois municipal corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J . L
. HOMAN,
Assistant Attorney General of the State of Illinois, hereby enters her appearance as attorney of
record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environ ntal Enforcement/Asbestos
L *ion ivision
r
BY: .',
J L . HOMAN
y Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : November 14, 2006
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
)
31
v1'
-Vs-
PCB No. Woo'
(Enforcement)
VILLAGE OF DORCHESTER,
)
an Illinois municipal corporation,
)
Respondent .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent, VILLAGE OF DORCHESTER, as
follows:
COUNTI
1,
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31
(2004).
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 a/ia, with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3 .
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and opportunity for a meeting with the Illinois
EPA.
NOV 1 6 2006
STATE OF ILLINOIS
Pollution Control Board
4 .
Respondent, the VILLAGE OF DORCHESTER, is an Illinois municipal
corporation in good standing and located in Macoupin County .
5.
At all times relevant to this Complaint, the Village has operated a public water
supply, which serves approximately 150 residents .
6 .
On May 7, 2004, the Illinois EPA conducted a site investigation of the Dorchester
public water distribution system in the area of Rock Road, a road which runs perpendicular to
Spanish Needle Road . The water main for the Dorchester system runs parallel to Spanish
Needle Road and is four inches in diameter . A one and a half inch service line is connected to
the Spanish Needle Road water main and provides water to two homes and a third home under
construction in May 2004 . The Village did not seek and obtain a permit from the Illinois EPA to
extend this one and a half inch service line to the second and third homes . This unpermitted
extension of the service line was constructed in October 2003,
7.
On October 17, 2003, the Illinois EPA had issued Dorchester a permit to
construct a four inch water main to serve the homes along Rock Road instead of the existing
one and a half inch service line.
8.
On May 7, 2004, the Rock Road water main had been partially installed,
although a flushing hydrant had not been installed and the homes on Rock Road had not been
connected to the new four inch water main .
9.
As of the date of filing of this Complaint, the Villag2has not submitted the
required sample results in order to obtain an operating permit for the Rock Road water main
.
10.
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), provides, in pertinent part
:
(a)
No person shall :
(1) Knowingly cause, threaten or allow the distribution of water
from any public water supply of such quality or quantity as
to be injurious to human health ; or
2
(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, or in violation of any condition
imposed by such a permit .
11 .
Section 601 .105 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code 601 .105, provides in pertinent part as follows :
"Service Connection"is the opening, including all fittings and
appurtenances, at the water main through which water is supplied
to the user .
"Supply" means a public water supply
.
4
*
!
"Water Main" means any pipe for the purpose of distributing
potable water which serves or is accessible to more than one
property, dwelling, or rental unit, and is exterior to buildings .
12 .
Pursuant to Section 602 .115 of the Board's Public Water Supplies Regulations,
35 III . Adm . Code 602 .115, the Illinois EPA has adopted standards and criteria, published in the
form of Technical Policy Statements, governing the design, operation and maintenance of
public water supplies to insure safe, adequate and clean water .
13 .
Section 653 .117(e) of the Illinois EPA's Technical Policy Statements, 35 III
.
Adm . Code 653
.117(e), provides, in pertinent part, as follows :
e)
The system shall be designed to meet existing
demands on the distribution system . Future
distribution system demands shall be taken into
account .
1) The minimum size water main shall be 4 inch
nominal diameter in distribution systems serving
incorporated areas, subdivisions or other closely
situated hosing or commercial units .
f
!
I
3
14 .
By constructing and operating the one and a half inch service line for use as a
water main, without compliance with Section 653
.117 of the Illinois EPA's Technical Policy
Statements, 35 III . Adm . Code 653
.117, and so doing without permits from the Illinois EPA, the
Village has violated Section 18(a) of the Act, 415 ILCS 5/18(a) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondent, VILLAGE OF DORCHESTER
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
E .
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
Of Counsel
J .L. HOMAN
Assistant Attorney General
Environmental Bureau/Springfield
PEOPLE OF THE STATE OF ILLINOIS
ex reL
LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement Division
BY:
4
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illino~ 627 g 6
Date :
/I//Y/6C-
5
