Lisa Madigan
,VII ORNEY (LNFRAI .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
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
.
Thank you for your cooperation and consideration .
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
February 28, 2007
Re : People v
. Edelstein Waterworks Co-Op .
rt
t
RECEIVED
CLE
MAR 0IF 2007
Pollution
STATEOF
Control
ILLINOISBoard
JB/pp
Enclosures
Very truly yours,
Eoj;cvj f 4'~
Jennifer Bonkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
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 Main, Carbondale, Illinois 62901 •
(618) 529-6400 • 'ITY: (618) 529-6403 • Fax
: (618) 529-6416
RECEIVED
'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Pollution
MAR 0 5 2007
PEOPLE OF THE STATE OF
O
ControlBoard
)
ILLINOIS,
)
Complainant,
)
vs .
)
PCB
(Enforcement)No
.
0
EDELSTEIN WATERWORKS CO-OP
.,
)
an
Illinois not-for-profit corporation,
)
Respondent
.
)
NOTICE OF FILING
To :
Edelstein Waterworks Co-Op .
c/o Richard Keyster, President
2714 W . Streitmatter Road
Edelstein, IL 61526-9516
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 : February 28, 2007
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigati
Division
JENNI ER BONKOWSKI
Assist I Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on February 28, 2007, 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:
Edelstein Waterworks Co-Op
.
c/o Richard Keyster, President
2714 W
. Streitmatter Road
Edelstein, IL 61526-9516
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
This filing is submitted on recycled paper
.
J nnifer Bo owski
sistant A orney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: February 28, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No. 07
_tg
(Enforcement)
EDELSTEIN WATERWORKS CO-OP
.,
)
an Illinois not-for-profit corporation,
)
Respondent .
)
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
itigation Division
NNIFER ONKOWSKI
vironme tal Bureau
Assistant Attorney General
RECEIVED
CLERKS
MAR 0 5 2007
Pollution
STATE OF
Control
ILLINOISBoard
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD MAR 0 5 200?
PEOPLE OF THE STATE OF ILLINOIS, )
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
v.
)
PCB No.
(Enforcement)
EDELSTEIN WATERWORKS CO-OP .,
)
an
Illinois not-for-profit corporation,
)
Respondent .
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, EDELSTEIN WATERWORKS CO-OP .,
as follows :
COUNT I
MONITORING VIOLATIONS
1 .
This Complaint is brought by the Attorney General on her own motion, pursuant to
the terms and provisions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS
5/31 (2004)
.
2.
The Illinois Environmental Protection Agency ("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 alia, with the duty of enforcing the Act in proceedings before the Illinois
Pollution Control Board ("Board") .
3 .
Respondent, Edelstein Waterworks Co-Op
., an Illinois not-for-profit corporation, is
a "public water supply" as that term is defined under Section 3 .365 of the Act, 415 ILCS 5/3 .364
(2004), as follows :
"Public water supply" means all mains, pipes and structures through which
water is obtained and distributed to the public, including wells and well
structures, intakes and cribs, pumping stations, treatment plants, reservoirs,
storage tanks and appurtenances, collectively or severally, actually used for
I
5 .
intended for use for the purpose of furnishing water for drinking or general
domestic use and which serve at least 15 service connections or which
regularly serve at least 25 persons at least 60 days per year . A public water
supply is either a "community water supply" or a "non-community water
supply ."
Edelstein Waterworks Co-Op .'s public water supply is a "community water supply" or "CWS" as that
term is defined under Section 3.145 of the Act, 415 ILLS 5/3 .145 (2004) .
4 .
Edelstein Waterworks Co-Op
.'s water supply is located in Edelstein, Peoria County,
Illinois, and serves approximately 125 residents through 47 direct service connections . The water
is pumped from one well into a 12,000 gallon storage tank and then pumped by two high service
pumps, chlorinated and discharged to a 2,000 gallon hydropnuematic tank and the distribution
system .
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), provides, in pertinent part :
(a)
No person shall :
(1)
(3)
6.
Section 19 of the Act, 415 ILLS 5/19 (2004), provides
:
Owners or official custodians of public water supplies shall submit such
samples of water for analysis and such reports of operation pertaining to the
sanitary quality, mineral quality ; or adequacy of such supplies as may be
requested by the Agency . Such samples and reports shall be submitted
within 15 days after demand by the Agency .
7 .
Section 601 .101 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code 601
.101, provides that :
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) Violate regulations or standards adopted by the Agency
pursuant to Section 15(b) of this Act or by the Board under
this Act ; or
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 .
2
Owners and official custodians of a public water supply in the State of Illinois
shall provide pursuant to the Environmental Protection Act (Act), the
Pollution Control Board (Board) Regulations, the Safe Drinking Water Act
(42 U .S .C . 300f et seq
.) Continuous operation and maintenance of public
water supply facilities so that the water shall be assuredly safe in quality,
clean, adequate in quantity, and of satisfactory mineral characteristics for
ordinary domestic consumption .
8 .
Section 611 .382(c) of the Board's Public Water Supplies Regulations, 35 III
. Adm
.
Code 611
.382(c), requires that a CWS supplier that uses chlorine "must measure the residual
disinfectant level in the distribution system at the same point in the distribution system and at the
same time as total coliforms are sampled, as specified in Section 611
.521 ."
9 .
Section 611 .521 (a) of the Board's Public Water Supplies Regulations, 35 III
. Adm
.
Code 611
.521(a), provides that :
a .
Suppliers shall collect total coliform samples at sites which are
representative of water throughout the distribution system according
to a written sample siting plan, which must be approved by a
[Special Exception Permit] issued pursuant to Section 611 .110 .
10 .
Section 611 .522(a) of the Board's Public Water Supplies Regulations, 35 III
. Adm
.
Code 611 .522(a), provides that :
a .
If a routine sample is total-coliform positive, the supplier must collect
a set of repeat samples within 24 hours of being notified of the
positive result . . . .
11 .
Code 611 .731 provides that:
Monitoring requirements for gross alpha particle activity, radium-226 and
radium-228 are as follows :
a)
Compliance must be based on the analysis of an annual composite
of four consecutive quarterly samples or the average of the analyses
of four samples obtained at quarterly intervals .
1) A gross alpha particle activity measurement may be
substituted for the required radium-226 and radium-228
analysis, provided that the measured gross alpha particle
activity does not exceed 5 pCi/L at a confidence level of 95
Section 611 .731 of the Board's Public Water Supplies Regulations, 35 III . Adm .
3
percent (1
.65 sigma where sigma is the standard deviation
of the net counting rate of the sample)
. In localities where
radium-228 may be present in drinking water, the Agency
may, by special exception permit, require radium-226 or
radium-228 analyses if it determines that the gross alpha
particle activity exceeds 2 pCi/L .
2)
When the gross alpha particle activity exceeds 5 pCi/L, the
same or an equivalent sample must be analyzed for radium-
226
. If the concentration of radium-226 exceeds 3 pCi/L the
same or an equivalent sample must be analyzed for radium-
228 .
d)
If the average annual MCL for gross alpha particle activity or total
radium as set forth in Section 611
.330 is exceeded, the CWS
supplier shall give notice to the Agency and notify the public as
required by Subpart T
. Monitoring at quarterly intervals must be
continued until the annual average concentration no longer exceeds
the MCL or until a monitoring schedule as a condition to a variance,
adjusted standard or enforcement action becomes effective
.
12 .
Edelstein Waterworks Co-Op
. failed to submit the required number of repeat
coliform monitoring results for July 2004 and November 2005 after positive results
were obtained on July 14, 2004, and November 29, 2005, and thereby violated Section
611
.522(a) of the Board's Public Water Supplies Regulations, 35 III
. Adm
. Code 611 .522(a),
and Section 19 of the Act, 415 ILCS 5/19 (2004)
.
13 .
Edelstein Waterworks Co-Op
. failed to submit the required number of routine
coliform monitoring results for the months of October 2004 through February 2005, and April
2005, and thereby violated Section 611
.521 (a) of the Board's Public Water Supplies
Regulations, 35 III
. Adm . Code 611 .521 (a),
and Section 19 of the Act, 415 ILCS 5/19 (2004)
.
14 .
Edelstein Waterworks Co-Op
. failed to submit radiological monitoring sample
results for the monitoring periods dated July 1, 2003, to September 30, 2003, and October 1,
2003, to December 31, 2003, and thereby violated Section 611
.731 of the Board's Public Water
4
Supplies Regulations, 35 III . Adm . Code 611
.731, and Section 19 of the Act, 415 ILCS 5/19
(2004) .
15.
Edelstein Waterworks Co-Op
. failed to submit the disinfectant residual samples
for the months of August and October through December 2004, and January through February
and April 2005, thereby violating Section 611
.382(c) of the Board's Public Water Supplies
Regulations, 35 III
. Adm . Code 611
.832(c), and Section 19 of the Act, 415 ILCS 5/19 (2004)
.
16 .
By failing to comply with Sections 611 .382(c), 611
.521(a), 611 .522(a), and
611
.731 of the Board's Public Water Supplies Regulations, 35 III
. Adm . Code 611
.382(c),
611 .521 (a),
611 .522(a), and 611
.731, the Respondent thereby violated Section 18(a)(2) of the
Act, 415 ILCS 5/18(a)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate
.
COUNTII
REPORTING VIOLATIONS
1-7 .
Complainant realleges and incorporates by reference herein paragraphs 1
5
through 7 of Count I as paragraphs 1 through 7 of this Count II
.
8 .
Section 611 .831 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 611 .831, provides that :
Within 30 days following the last day of the month, each CWS supplier
shall submit a monthly operating report to the Agency on forms provided
or approved by the Agency .
9 .
Edelstein Waterworks Co-Op
. failed to submit the required monthly operating
reports for the months of September 2004 through the present, except for the month of April
2005, thereby violating Section 611
.831 of the Board's Public Water Supplies Regulations, 35
III. Adm . Code 611 .831 .
10. By failing to comply with Section 611 .831 of the Board's Public Water Supplies
Regulations, 35 III . Adm . Code 611 .831, the Respondent thereby violated Section 18(a)(2) of
the Act, 415 ILCS 5/18(a)(2) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP . :
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondents a monetary penalty of not more than the statutory maximum ; and
D .
Grant such other and further relief as the board deems appropriate .
6
COUNTIII
CERTIFIED OPERATOR VIOLATIONS
1-7 .
Complainant realleges and incorporates by reference herein paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count III .
8.
Section 1 of the Public Water Supply Operations Act, 415 ILCS 45/1 (2004),
provides in pertinent part :
(1)
In order to safeguard the health and well being of the populace,
every community water supply in Illinois shall have on its
operational staff at least one natural person certified as
competent as a water supply operator under the provisions of this
Act.
9.
Section 603 .102 of the Public Water Supply Regulations, 35 III . Adm . Code
603.102, provides as follows :
Responsible Personnel
Each public water supply shall have designated an individual in
responsible charge of the operation of that supply properly qualified and
registered pursuant to Public Water Supply Operations Act [415 ILCS
45], with all provisions of the Public Water Supply Operations Act
complied with .
10 .
Section 603 .103 of the Board Public Water Supply Regulations, 35 III . Adm .
Code 603.103, provides as follows :
Certified Operator
a)
Each public water supply, unless exempted under section
603.104,
shall have a certified operator, qualified and registered in
accordance with the Public Water Supplies Operations Act,
designated in responsible charge of the supply's operation .
b)
The owner or official custodian and the certified operator
designated in responsible charge shall file a signed statement
identifying the certified operator in responsible charge on forms
provided by the Agency .
11 .
Section 603
.105 of the Board's Public Water Supply Regulations, 35 III . Adm .
7
Code 603
.105, provides as follows :
Notification of Change of Ownership or Responsible Personnel
The Agency shall be notified within fifteen days, on forms supplied by the
Agency, of changes in responsible personnel and who may be contacted
in the event such contact is required .
12 .
Respondent failed to designate and notify the Illinois EPA of an individual in
responsible charge of the operation of its PWS, from the death of its previous certified operator
on or about October 15, 2004, until May 18, 2005 .
13 .
By failing to timely designate an individual and notify the Illinois EPA of an
individual in responsible charge of the operation of its PWS, Respondent violated Section
18(a)(2) of the Act, 415 ILLS 5/18(a)(2) (2004), Section 1 of the Water Supply Operations Act,
415 ILLS 45/1 (2004), and Sections 603 .102, 603
.103, 603 .105(b) of the Board's Public Water
Supply Regulations, 35 III . Adm . Code 603 .102, 603 .103 and 603 .105(b) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP
.
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C.
Pursuant to Section 42(a) of the Act, 415 ILLS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ; and
D.
Grant such other and further relief as the Board deems appropriate .
8
COUNT IV
RADIUM AND GROSS ALPHA PARTICLE LIMIT EXCEEDANCES
1-7 .
Complainant realleges and incorporates by reference herein paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count IV
.
8 .
Section 601 .101 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 601
.101, provides that :
Owners and official custodians of a public water supply in the State of
Illinois shall provide pursuant to the Environmental Protection Act (Act),
the Pollution Control Board (Board) Regulations, the Safe Drinking Water
Act (42 U .S .C . 300f et seq .) continuous operation and maintenance of
public water supply facilities so that the water shall be assuredly safe in
quality, clean, adequate in quantity, and of satisfactory mineral
characteristics for ordinary domestic consumption .
9 .
"Maximum contaminant level" or "MCL" is defined at Section 611 .101 of the
Board's Public Water Supplies Regulations, 35 III . Adm . Code 611 .101, as "the maximum
permissible level of a contaminant in water that is delivered to any user of a public water
supply ."
10 .
Section 611 .121 (a) of the Board's Public Water Supplies Regulations, 35 III .
Adm . Code 611 .121 (a), provides that :
Maximum Contaminant Levels : No person may cause or allow water that
is delivered to any user to exceed the MCL for any contaminant
.
11,
Section 611 .330 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 611 .330, provides, in pertinent part
:
Maximum Contaminant Levels for Radionuclides
w+ .r
b)
MCL for combined radium-226 and -228 . The maximum
contaminant level for combined radium-226 and radium-228 is 5
pCi/I . The combined radium-226 and radium-228 value is
determined by the addition of the results of the analysis for
radium-226 and the analysis for radium-228 .
9
c)
MCL for gross alpha particle activity (excluding radon and
uranium) . The maximum contaminant level for gross alpha
particle
activity (including radium-226 but excluding radon
and uranium) is
15 pCi/I
.
12.
Edelstein's running annual average for combined radium and gross
alpha particle activity as of the end of the second quarter
in 2005 was 11 pCi/L and 18 pCi/L,
respectively
.
13 .
Edelstein's running annual average for combined radium and gross
alpha particle activity as of the end of the third quarter
in 2005 was 11 pCi/L and 17 pCi/L,
respectively .
14 .
Edelstein's running annual average for combined radium and gross
alpha particle activity as of the end of the fourth quarter
in 2005 was 12 pCi/L and 19 pCi/L,
respectively .
15 .
Edelstein's running annual average for combined
radium and gross
alpha particle activity as of the end of the first quarter in 2006 was 9 pCi/L and 18 pCi/L,
respectively .
16 .
Edelstein's running annual average for combined radium and gross
alpha particle activity as of the end of the second quarter
in 2006 was 10 pCi/L and 20 pCi/L,
respectively .
17 .
Edelstein's running annual average for combined radium and gross
alpha particle activity as of the end of the third quarter
in 2006 was 7 pCi/L and 21 pCi/L,
respectively .
18.
The Illinois EPA calculated the annual average results for combined radium and
10
gross alpha particle activity by averaging the results of the most recent four consecutive
quarterly analyses and then rounding to the nearest whole number .
19.
Edelstein's exceedances of the MCL for combined radium-226 and -228 and
gross alpha particle activity are violations of 35 III . Adm . Code 601
.101, 611 .121 (a) and
611
.330, thereby violating Section 18 of the Act, 415 ILCS 5/18 (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP. :
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ; and
D .
Grant such other and further relief as the Board deems appropriate .
COUNT V
OPERATING AND MAINTENANCE VIOLATIONS
1-7.
Complainant realleges and incorporates by reference herein paragraphs 1
through 7 of Count I as paragraphs 1 through 7 of this Count V .
8.
Section 607 .104 of the Board's Public Water Supplies Regulations, 35 III
. Adm .
Code 607.104,
provides :
a)
No physical connection shall be permitted between the potable
portion of a supply and any other water supply not of equal or
better bacteriological and chemical quality as determined by
inspection and analysis by the Agency, except as provided for in
11
subsection (d) of this Section
.
b)
There shall be no arrangement or connection by which an unsafe
substance may enter a supply .
c)
Control of all cross-connections to a supply is the responsibility of
the owner or official custodian of the supply . If a privately owned
water supply source meets the applicable criteria, it may be
connected to a water supply upon approval by the owner or official
custodian and by the Agency . Where such connections are
permitted, it is the responsibility of the public water
supply officials
to assure submission from such privately owned water supply
source or sources samples and operating reports as required
by
35 III. Adm
. Code 611 as applicable to the cross-connected
source .
d)
The Agency may adopt specific conditions for control of unsafe
cross-connections, which shall be complied with by the supplies of
this State, as applicable . These conditions shall be adopted
and/or changed by the Agency as prescribed in 35 III . Adm . Code
602 .115.
e)
Each community water supply exempted pursuant to 35 III . Adm
.
Code 603
.104 or Section 17(b) of the Act shall provide an active
program approved by the Agency to continually educate and
inform water supply consumers regarding prevention of the entry
of contaminants into the distribution system . Conditions under
which the Agency will approve this active program shall be
adopted or changed by the Agency as prescribed in 35 III . Adm .
Code 602 .115.
9 .
Section 653 .110 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code 653 .110, provides :
Combination Pressure Tanks and Ground Storage
A combination of ground storage, hydropneumatic storage and pumps may be
considered in water systems for maintaining pressure on the distribution system .
Design of such a system shall include :
a)
a minimum ground storage volume equivalent to 1 .5 times the average
daily usage
;
b)
a minimum of two pumps, each capable of meeting the peak
system
demand
. If more than two pumps are proposed, the peak system
demand shall be met when any pump is out of service ;
c)
an electric generator with automatic start capable of providing power to
pump(s) which can produce the peak system demand, plus sufficient
12
power to operate all chemical feeders, appurtenances and equipment
essential to plant operation
. Consideration should be given to sizing the
generator to provide power for at least one well
; and
d)
an hydropneumatic tank sized to provide service for a minimum of ten
minutes under peak system demand .
10.
On April 28, 2005, the Illinois EPA inspected the facility and noted that Edelstein
had failed to provide a back-up high service pump able to meet peak system demand, to
provide ground storage volume equivalent to 1
.5 times the average daily usage, and to provide
an emergency electric generator with automatic start capable of providing power sufficient to
meet the peak system demand (and with all necessary associated appurtenances and
equipment), thereby violating Section 653
.110 of the Board's Public Water Supplies
Regulations, 35 III
. Adm . Code 653
.110, and Section 18(a) of the Act, 415 ILCS 5/18(a) (2004)
.
11 .
On April 28, 2005, the Illinois EPA also noted that Edelstein had failed to carry
out a cross-connection control program and to eliminate a cross-connection between the
finished water transmission main and the deteriorated hydropneumatic tank, thereby violating
Section 607
.104 of the Board's Public Water Supplies Regulations, 35 III
. Adm . Code 607 .104,
and 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
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP
. :
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
13
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum
; and
D .
Grant such other and further relief as the Board deems appropriate
.
COUNT VI
PERMIT VIOLATIONS
1-5 .
Complainant realleges and incorporates by reference herein paragraphs 1
through 5 of Count I as paragraphs 1 through 5 of this Count VI
.
6 .
Section 15(a) of the Illinois Environmental Protection Act, 415 ILLS 5/15(a)
(2004), provides :
a .
Owners of public water supplies, their authorized representative,
or legal custodians, shall submit plans and specifications to the
Agency and obtain written approval before construction of any
proposed public water supply installations, changes, or additions
is started
. Plans and specifications shall be complete and of
sufficient detail to show all proposed construction, changes, or
additions that may affect sanitary quality, mineral quality, or
adequacy of the public water supply
; and, where necessary, said
plans and specifications shall be accompanied by supplemental
data as may be required by the Agency to permit a complete
review thereof
.
7 .
Section 602
.101 of the Board's Public Water Supplies Regulations, 35 III . Adm
.
Code Section 602 .101, provides :
a) No person shall cause or allow the construction of any new
public water supply installation or cause or allow the change of or
addition to any existing public water supply, without a construction
permit issued by the Environmental Protection Agency (Agency)
.
Public water supply installation, change, or addition shall not
include routine maintenance, service pipe connections, hydrants
and valves, or replacement of equipment, pipe, and
appurtenances with equivalent equipment, pipe, and
appurtenances .
8 .
Section 652
.101 of the Board's Public Water Supplies
Regulations,
14
35 III . Adm . Code Section 652 .101, provides :
a) Construction permits shall be obtained by the official custodian
of a community water supply prior to beginning construction of
any proposed community water supply and prior to all alterations,
changes or additions to an existing community water supply which
may affect the sanitary quality, mineral quality or adequacy of the
supply including changes pursuant to 35 III
. Adm . Code 653 .115.
9 .
Section 602
.102 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code Section 602
.102, provides :
No owner or operator of a public water supply shall cause or allow
the use or operation of any new public water supply, or any new
addition to an existing supply, for which a Construction Permit is
required under this Part, without an Operating Permit issued by
the Agency .
10 .
Section 652
.201 of the Board's Public Water Supplies Regulations, 35 III . Adm .
Code Section 652
.201, provides :
The operating permit application shall be filed with the Division of Public Water
Supplies Permit Section when construction is complete
. An operating permit is
required for all projects which require a construction permit
. The operating
permit shall be obtained before the project is placed in service .
11 .
Edelstein failed to obtain construction and operating permits prior to the
installation of a ground storage tank, hydropneumatic tank, high service pump, and associated
piping in December 2004 and January 2005, thereby violating Sections 602
.101, 652 .101,
602 .102, and 652
.201 of the Board's Public Water Supplies Regulations, 35 III
. Adm . Code
602.101, 652.101, 602.102, and 652.201,
and Sections 15 and 18 of the Act, 415 ILCS 5/15
and 18 (2004) .
15
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP
. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C
.
Pursuant to Section 42(a) of the Act, 415 ILLS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum
; and
D.
Grant such other and further relief as the Board deems appropriate
.
COUNT VII
CONSUMER REPORTINGVIOLATIONS
1-6.
Complainant realleges and incorporates by reference herein paragraphs 1
through 6 of Count I as paragraphs 1 through 6 of this Count VII
.
7 .
Section 611
.883 of the Board's Public Water Supplies Regulations, 35 III
. Adm
.
Code 611
.883, provides :
a)
Each CWS shall provide to its customers an annual report that
contains the information specified in this Section and Section
611 .884 .
d)
Information on detected contaminants.
1)
This subsection (d) specifies the requirements for
information to be included in each report for contaminants
16
subject to mandatory monitoring (except Cryptosporidium) .
It applies to :
A)
Contaminants subject to an MCL, action level, or
treatment technique (regulated contaminants) ;
B)
Contaminants for which monitoring is required by
Section 611
.510 (unregulated contaminants) ; and
C)
Disinfection byproducts or microbial contaminants
for which monitoring is required by Section 611 .382
and Subpart L, except as provided under
subsection (e)(1) of this Section, and which are
detected in the finished water
.
2)
The data relating to these contaminants must be displayed
in one table or in several adjacent tables
. Any additional
monitoring results that a CWS chooses to include in its
report must be displayed separately
.
3)
The data must be derived from data collected to comply
with monitoring and analytical requirements during
calendar year 1998 for the first report and subsequent
calendar years thereafter, except that :
A)
Where a system is allowed to monitor for regulated
contaminants less often than once a year, the
table(s) must include the date and results of the
most recent sampling, and the report must include
a brief statement indicating that the data presented
in the report is from the most recent testing done in
accordance with the regulations . No data older
than five years need be included
.
B)
Results of monitoring in compliance with Section
611 .382 and Subpart L need only be included for
five years from the date of last sample or until any
of the detected contaminants becomes regulated
and subject to routine monitoring requirements,
whichever comes first .
4)
For detected regulated contaminants (listed in Appendix F
of this Part), the table(s) must contain :
A)
The MCL for that contaminant expressed as a
number equal to or greater than 1 .0 (as provided
Appendix F of this Part)
;
17
B)
The Maximum Contaminant Level Goal (MCLG) for
that contaminant expressed in the same units as
the MCL
C)
If there is no MCL for a detected contaminant, the
table must indicate that there is a treatment
technique, or specify the action level, applicable to
that contaminant, and the report must include the
definitions for treatment technique or action level,
as appropriate, specified in subsection (c)(3)
of this
Section ;
G)
For total coliform :
i)
The highest monthly number of positive
samples for systems collecting fewer than
40 samples per month ; or
ii)
The highest monthly percentage of positive
samples for systems collecting at least 40
samples per month
;
H)
For fecal coliform : the total number of positive
samples ; and
I)
The likely source(s) of detected contaminants to
the best of the supplier's knowledge
. Specific
information regarding contaminants may be
available in sanitary surveys and source water
assessments, and must be used when available to
the supplier . If the supplier lacks specific
information on the likely source, the report must
include one or more of the typical sources for that
contaminant listed in Appendix G of this Part which
are most applicable to the CWS .
5)
If a CWS distributes water to its customers from multiple
hydraulically independent distribution systems that are fed
by different raw water sources, the table must contain a
separate column for each service area and the report must
identify each separate distribution system
. Alternatively, a
CWS may produce separate reports tailored to include
data for each service area .
18
6)
The table(s) must clearly identify any data indicating
violations of MCLs or treatment techniques and the report
must contain a clear and readily understandable
explanation of the violation including : the length of the
violation, the potential adverse health effects, and actions
taken by the CWS to address the violation . To describe
the potential health effects, the CWS shall use the relevant
language of Appendix H of this Part .
7)
For detected unregulated contaminants for which
monitoring is required (except Cryptosporidium), the
table(s) must contain the average and range at which the
contaminant was detected . The report may include a brief
explanation of the reasons for monitoring for unregulated
contaminants .
e)
Information on Cryptosporidium, radon, and other contaminants :
1)
If the CWS has performed any monitoring for
Cryptosporidium, including monitoring performed to satisfy
the requirements of Subpart L, that indicates that
Cryptosporidium may be present in the source water or the
finished water, the report must include :
A)
The results of the monitoring ; and
B)
An explanation of the significance of the results
noting the existence of any health advisory or
proposed regulation
.
19
A)
B)
A summary of the results of the monitoring ; and
An explanation of the significance of the results .
2)
If the CWS has performed any monitoring for radon which
3)
indicates that radon may be present in the finished water,
the report must include :
A)
B)
The results of the monitoring ; and
An explanation of the significance of the results .
If the CWS has performed additional monitoring that
indicates the presence of other contaminants in the
finished water, the report must include :
8
.
Edelstein failed to correct deficiencies in its 2005 Consumer Confidence Report
("CCR"), issued in 2005 concerning violations and information for calendar year 2004
.
Specifically, it failed to include a detected contaminant water quality data table, monitoring
violations and explanations, and an MCL violation and explanation .
9 .
Edelstein's failure to prepare and distribute a corrected 2005 CCR to include all
required CCR elements is a violation of Section 611
.883 of the Board's Public Water Supplies
Regulations, 35 III . Adm . Code 611
.883, and Section 18 of the Act, 415 ILCS 5/18 (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an Order against the Respondent, EDELSTEIN WATERWORKS
CO-OP. :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
C .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon the
Respondent a monetary penalty of not more than the statutory maximum ; and
D .
Grant such other and further relief as the Board deems appropriate
.
20
Of Counsel :
JENNIFER BONKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated :
2. /2 h >/07
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:
21
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
