Lisa Madigan
ATTORNEY 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. City of Pekin
PCB
Dear Clerk Gunn
:
Enclosed for filing please find the original and one copy of a Notice of Filing, Appearance
and Complaint in regard to the above-captioned matter
. Please file the originals and return file-
stamped copies to me in the enclosed envelope
.
Thank you for your cooperation and consideration
.
JB/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 11, 2006
Very truly yours,
~~ iL~~04 ,
;Jennifer onkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
CLERK'S OFFICE
DEC
1 3 2006
Pollution
STATE OF
Control
ILLINOISBoard
tpo 41
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY : (217) 785-2771 •
Fax
: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 •
(312) 814-3000 •
TTY : (312) 814-3374 •
Fax: (312) 814-3806
1001 East Nlain, Carbondale, Illinois 62901 • (618) 529-6400
•
TTY
: (618) 529-6403 • Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
'
)
PCB No.
01
(Enforcement)
CITY OF PEKIN, an Illinois municipal
)
corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Lyndell Howard, Mayor
City of Pekin
400 Margaret Street
Pekin, IL 61554
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
RECEIVEDCLERK'S
OFFICE
DEC
1 3 2006
STATE OF ILLINOIS
Pollution Control Board
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 : December 11, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
l
BY:_
r
; JENNIF BONKOWSKI
L-
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on December 11, 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:
Lyndell Howard, Mayor
City of Pekin
400 Margaret Street
Pekin, IL 61554
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
e 6ifer Bonk wski
ssistant Atto ney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
VS .
41
)
PCB No .
01
.
(Enforcement)
CITY OF PEKIN, an Illinois municipal
)
corporation,
)
Respondent.
)
RECEIVED
CLERK'S
OFFICE
DEC
1 3 2006
STATE OF ILLINOIS
Pollution Control Board
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JENNIFER
BONKOWSKI, 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
Environmental Enforcement/Asbestos
Litigation Division ,~
BY:
..~ NNIFER B NKOWSKI
nyironment I Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: December 11, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
CITY OF PEKIN, an Illinois municipal
)
corporation,
)
Respondent .
)
RECEIIVI
ED
DEC
1 3 2006
PolTAion
OControl
Board
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and at the request of the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, complains of Respondent, CITY OF PEKIN, as
follows :
COUNT I
NPDES PERMIT EFFLUENT VIOLATIONS
1 .
This Complaint is brought on behalf of the People of the State of Illinois, by Lisa
Madigan, Attorney General of the State of Illinois, on her own motion and at the request of the
Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to 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 pursuant to Section
4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia, with the duty of enforcing the Act
before the Illinois Pollution Control Board ("Board") .
3.
The City of Pekin is an Illinois municipal corporation located in Tazewell County .
4 .
The City owns and operates a wastewater treatment plant ("W WTP") located at
606 South Front Street, Pekin, Illinois . The WWTP discharges to the Illinois River pursuant to
the National Pollutant Discharge Elimination System ("NPDES") Permit No. IL0034495 ; the
PCB(Water-Enforcement)No . 07-
4
1
current NPDES permit was reissued on May 4, 2004, and became effective June 1, 2004, the
terms and conditions of which are incorporated herein by reference
.
5 .
The City's sewage collection system includes approximately 17 miles of
combined sewers
. There are four permitted combined sewer overflows
("CSOs"), the operation
of which is governed by Special Condition 12 of the NPDES permit and the CSO Exception
granted by the Board on June 5, 1986, in PCB No
. 85-226
. Outfall 001 is for the WWTP, which
has a design maximum flow of 8
.7 million gallons per day
("MGD"),
and Outfall 002 is for the
excess flow facilities, which shall not be utilized until the main treatment facility is receiving its
maximum practical flow, The excess flow facilities consist of a settling basin and a chlorination
tank with capacities of 224,000 and 75,000 gallons, respectively
.
6 .
The Illinois River is a "waters" of the State as that term is defined in Section
3
.550 of the Act, 415 ILCS 5/3.550 (2004)
.
7.
Section 3
.545 of the Act, 415 ILCS 5/3
.545 (2004), provides the following
definition :
"Water pollution" is such alteration of the physical, thermal,
chemical, biological or radioactive properties of any waters of the
State, or such discharge of any contaminant into any waters of the
State, as will or is likely to create a nuisance or render such
waters harmful or detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate uses, or to livestock, wild animals,
birds, fish, or other aquatic life
.
8 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provide the following prohibitions
:
No person shall :
(a)
Cause or threaten or allow the discharge of any
contaminants into the environment in any State so
as to cause or tend to cause water pollution in
Illinois, either alone or in combination with matter
from other sources, or so as to violate regulations
or standards adopted by the Pollution Control
Board under this Act ;
(f)
309 .102(a), provides :
304
.141(a), provides :
304 .121(a), provides
Cause, threaten or allow the discharge of any
contaminant into the waters of the State, as
defined herein, including but not limited to, waters
to any sewage works, or into any well or from any
point source within the State, without an NPDES
permit for point source discharges issued by the
Agency under Section 39(b) of this Act, or in
violation of any term or condition imposed by such
permit, or in violation of any NPDES permit filing
requirement established under Section 39(b), or in
violation of any regulations adopted by the Board
or of any order adopted by the Board with respect
to the NPDES program .
9.
Section 309 .102(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
a)
Except as in compliance with the provision of the
Act, Board regulations, and the CWA, and the
provisions and conditions of the NPDES permit
issued to the discharger, the discharge of any
contaminant or pollutant by any person into the
waters of the State from a point source or into a
well shall be unlawful .
10.
Section 304 .141 (a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
a)
No person to whom an NPDES Permit has been
issued may discharge any contaminant in his
effluent in excess of the standards and limitations
for that contaminant which are set forth in his
permit .
11 .
Section 304 .121 (a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
a)
Effluents discharged to all general use waters shall
not exceed 400 fecal coliforms per 100 ml unless
the Illinois Environmental Protection Agency
determines that an alternative effluent standard is
applicable . . . .
3
12 .
The City's permit imposes effluent concentration limitations for fecal coliform,
which is a "contaminant" as that term is defined in Section 3
.165 of the Act, 415 ILLS 5/3.165
(2004)
. The effluent concentration limitation for fecal coliform is a daily maximum of 400 per
100 mL for Outfall 001 during May through October and for Outfall 002 whenever there is any
discharge
. Discharge Monitoring Reports ("DMRs") are submitted monthly in accordance with
the permit to report the concentrations of contaminants in the effluent and any excess flow
.
13 .
On February 14, 2003, the City discharged for over 4 hours from Outfall 002
although the main treatment facility was not receiving its maximum practical flow
. The
discharge contained fecal coliform well in excess of the regulatory and permit limit of 400 per
100 mL .
14 .
During the morning of April 20, 2004, the City discharged for over 30 minutes
from Outfall 002 although the main treatment facility was not receiving its maximum practical
flow . The excess flow facilities remained full throughout the day
. Beginning at approximately 8
PM on April 20, 2004, and continuing until 8 AM on April 21, 2004, the City discharged from
Outfall 002 although the main treatment facility was not receiving its maximum practical flow
.
The discharge contained fecal coliform well in excess of the regulatory and permit limit of 400
per 100 mL
. The discharge contained total suspended solid levels shown by lab analysis to be
42 mg/I .
15 .
The City has caused or allowed the discharge of contaminants into waters of the
State in violation of the terms or conditions of its NPDES permit and has thereby violated
Section 12(f) of the Act, 415 ILLS 5/12(f) (2004)
.
16 .
By discharging contaminants into waters of the State in violation of the terms or
conditions of its NPDES permit, the City has thereby violated Sections 304
.141 (a) and
4
309
.102(a) of the Board's Water Pollution Regulations, 35 III
. Adm . Code 304 .141(a),
309.102(a) .
17 .
By discharging contaminants into waters of the State so as to violate regulations
or standards adopted by the Pollution Control Board under this Act, the City has thereby
violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
18 .
By discharging contaminants into waters of the State so as to tend to cause
water pollution, the City has thereby violated Section 12(a) of the Act, 415 ILCS 5/12(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, CITY OF PEKIN
:
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.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
each day during which each violation has continued thereafter
; and
E .
Granting such other relief as the Board may deem appropriate
.
5
305 .102(b), provides :
COUNTII
OPERATIONAL VIOLATIONS
1-12
. Complainant realleges and incorporates herein by reference paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of this Count II
.
13.
Section 306 .102 of the Board's Water Pollution Regulations, 35 III . Adm . Code
306 .102, provides :
System Reliability
Malfunctions
: All treatment works and associated facilities shall
be constructed and operated as to minimize violations of
applicable standards during such contingencies as flooding,
adverse weather, power failure, equipment failure, or
maintenance, through such measures as multiple units, holding
tanks, duplicative power sources, or such other measures as may
be appropriate .
Spills : All reasonable measures, including where appropriate the
provision of catchment areas, relief vessels, or entrapment dikes,
shall be taken to prevent any spillage of contaminants from
causing water pollution .
14
.
Section 305
.102(b) of the Board's Water Pollution Regulations, 35 III . Adm . Code
b)
Every holder of an NPDES (National Pollutant
Discharge Elimination System) permit is required to
comply with the monitoring, sampling, recording
and reporting requirements set forth in the permit
and this Chapter .
15 .
On February 19, 2003, the Illinois EPA inspected the WWTP to evaluate its
compliance with the NPDES Permit
. Among the problems documented during this inspection
were inaccurate flow measurement, inadequate activated sludge process control, inadequate
flood protection for Outfall 001, the digester tank, originally installed in 1964, was inoperable
due to cracks and leaks, and the excess flow facilities lacked any measures to remove sludge
from the settling basin and chlorination tank
. Additionally, the City had recently deposited
grease and sludge into the settling basin from a clean-out of the primary clarifier scum wells,
6
which threatened the discharge of such wastes through Outfall 002 in the event of excess
flows . V actor pit leachate from sewer cleaning operations was also being discharged to this
settling basin
. Review of the lab records revealed that monitoring was not being conducted
according to the frequency required by the permit and that ammonia was being reported as a
daily maximum instead of the weekly average required by the permit . Lastly, the City reported
that it had failed to investigate south interceptor sanitary sewer overflows and to control slugs of
industrial waste, especially grease loadings .
16.
On April 27, 2004, the Illinois EPA inspected the WWTP to evaluate its
compliance with the NPDES Permit and to investigate recent excess flow discharges . The City
reported that the failure of the plugged bar screen alarm contributed to the April 20 and 21,
2004, plant bypass incident
. Moreover, the City reported that, due to activated sludge quality
problems, it was unable to provide continuous treatment of the maximum practical flow . Review
of the lab records revealed that monitoring was not being conducted according to the frequency
required by the permit.
17 .
On March 2 and 3, 2005, the Illinois EPA inspected the WWTP . Among the
problems documented during this inspection were a lack of flow measurement, the presence of
odorous sludge and wastewater in the two contact stabilization donuts and a corresponding
failure to check the W WTP during or after gate closure, ineffective maintenance of the 002
chorine contact tank, and inadequate flood protection for the 002 basin .
18.
On May 6, 2005, the Illinois EPA inspected the WWTP to evaluate its
compliance with the NPDES Permit
. Generator failure, and related electrical equipment failure,
due to improper use of the stand-by generator were documented during this inspection
.
19.
By failing to ensure that all treatment works and associated facilities shall be
constructed and operated as to minimize violations of applicable standards during such
7
contingencies as flooding, adverse weather, power failure, equipment failure, or maintenance,
the City has violated Section 306.102
of the Board's Water Pollution Regulations, 35 III
. Adm .
Code 306.102
and Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
20 .
By failing to comply with the monitoring, sampling, recording and reporting
requirements set forth in its NPDES permit, the City has violated Section 305
.102(b) of the
Board's Water Pollution Regulations, 35 III
. Adm . Code 305 .102(b) and Section 12(f) of the Act,
415 ILCS 5/12(f) (2004)
.
21 .
By allowing bypasses and overflows of untreated wastewater to occur, the City
has violated Section 306
.102 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
306
.102 and Section 12(a) of the Act, 415 ILCS 5/12(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, CITY OF PEKIN
:
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.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
each day during which each violation has continued thereafter
; and
E
.
Granting such other relief as the Board may deem appropriate
.
8
COUNT III
OPERATOR CERTIFICATION VIOLATIONS
1-12.
Complainant realleges and incorporates herein by reference paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of this Count III
.
13 .
Section 312
.101 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
312.101, provides :
No person shall cause or allow the use or operation of any treatment works for which a
permit is required by Part 309 unless the operation of such treatment works is under the
direct and active field supervision of a person who has been certified by the Agency as
being competent to operate the particular type or size of treatment works being used or
operated .
14 .
From February 28, 2003 through March 31, 2003, the City failed to have a
certified Class I operator to supervise the operation of the W WTP
.
15 .
By failing to have a certified Class I operator to supervise the operation of the
WWTP, the City has violated Section 312
.101 of the Board's Water Pollution Regulations, 35 III
.
Adm. Code 312
.101 and Section 12(a) of the Act, 415 ILCS 5/12(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, CITY OF PEKIN
:
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 ;
9
D .
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
each day during which each violation has continued thereafter ; and
E.
Of Counsel :
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : December 11, 2006
Granting such other relief as the Board may deem appropriate .
Respectfully submitted,
BY :
10
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
