BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN, Attorney General
of the State of Illinois,
r om blain ant,
v.
VILLAGE OF
ROCKTON, an Illinois
municipal corporation,
Respondent.
)
)
)
1
1
)
1
1
PCB No.
)
(Enforcement
)
, )
)
Water)
NOTICE OF FILING
TO:
Village of
Rockton
Gregory E. Cox, Esq.
Dale Adams, Village President
Attorney for Village of
Rockton
1 10 East Main Street
Nicolosi
&
Associates LLC
Rockton, IL 6 1072
363 Financial Court, Suite 100
Rockford, IL 6 1 107-667 1
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today, June 8,2007, I have filed with the ,Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy of which is attached and hereby served upon you.
Pursuant to 35
Ill. Adm. Code 103.204(f), I am required to state that failure to file an
answer to this Complaint within 60 days may have severe consequences. Failure to answer will
mean that all allegations in the 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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
I
Environmental Facilities Financing Act (20 ILCS 35 1511 et seq.) to correct the alleged pollution.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, June 8, 2007
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PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General
of the State of Illinois
BY:
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(3
12) 8 14-2087
Date: June 8,2007
\
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN, Attorney General
of the State of Illinois,
Complainant,
v.
VILLAGE OF
ROCKTON, an Illinois
municipal corporation,
Respondent.
Water)
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, VILLAGE OF
ROCKTON, an Illinois municipal
corporation, as follows:
COUNT I
WATER POLLUTION
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney ~eneral
of the State of Illinois, on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to Section 3 1
of the Illinois Environmental Protection Act ("Act"), 41 5 ILCS 513 1 (2004).
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS
514 (2004), and charged, inter alia, with the duty of
enforcing the Act. The Illinois EPA is further charged with the duty to abate violations of the
National Pollutant Discharge Elimination System
('NPDES") permit program under the Federal
Clean Water Act ("CWA"), 33 U.S.C.
8
1342(b)(7) (2007).
Electronic Filing, Received, Clerk's Office, June 8, 2007
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3.
At all times relevant to this Complaint, Respondent, Village of
Rockton
("Rockton"), is and has been an Illinois municipal corporation, duly organized and existing
under the laws of the State of Illinois.
4.
At all times relevant to this Complaint,
Rockton owned and operated a waste
water treatment plant ("WWTP"), which included a lift station
("Hawick lift station"), located on
the 200 block of
Hawick Street, Rockton, Winnebago County, Illinois ("Site").
5.
On and before June 6,2006, the
Hawick lift station had an electric power box
lever that when in the "on" position provided power to the
Hawick lift station and pumped
sewage from the
Hawick lift station across the Rock River to its WWTP for treatment. When the
Hawick lift station electrical power box lever was in the "off' position, no power was provided
for the operation of the
Hawick lift station.
6.
On and before June 6,2006, the electric power box for the
Hawick lift station was
located on a power pole that was not fenced in or otherwise secured from unauthorized access.
7.
Sometime between the late afternoon of June 6,2006, and the morning of June 7,
2006, the
Hawick lift station power box lever was in the "off' position, which resulted in sewage
backing up and overflowing out of the
Hawick lift station into a bypass pipe and discharging
approximately 150,000 to 153,000 gallons of untreated sewage into the Rock River via a storm
sewer
outfall south of the Hawick lift station.
8.
Rockton's operation of its WWTP is subject to the Act and the rules and
regulations promulgated by the Illinois Pollution Control Board ("Board"). The Board's
regulations for water pollution are found in Title 35, Subtitle C, Chapter I of the Illinois
Administrative Code ("Board Water Pollution Regulations").
9.
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), provides as follows:
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
No person shall:
a. Cause or threaten or allow the discharge of any contaminant 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.
10.
Section 3.3 15 of the Act, 41 5 ILCS 513.3 15
(2004), provides the following
11
definition:
"Person" is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency or any other legal entity, or their legal
representative, agent or assigns.
defined
1
in
1.
Section
Respondent,
3.3 15 of the
Rockton,
Act, 41
a
5
municipal
ILCS 513.3
corporation,
15 (2004).
is a "person" as that term is
II
definition:
12.
Section 3.165 of the Act, 4 15 ILCS 513.165
(2004), provides the following
II
"Contaminant" is any solid, liquid or gaseous matter, any odor or any form of
I1
energy, from whatever source.
13.
Untreated sewage is
a "contaminant" as that term is defined in Section 3.165 of
the Act, 41 5 ILCS 513.165 (2004).
14.
Section 3.550 of the Act, 415 ILCS 513.550
(2004), contains the following
definition:
"Waters" means all accumulations of water, surface and underground, natural and
II
artificial, public and private, or parts thereof, which are wholly or partially within,
flow through, or border upon this State.
Section.3.550
15.
of
The
the
Rock
Act,
River
415 ILCS
is a "water"
513.550
of
(2004).
the State of
1llinois as that term is defined in
I1
II
16..
Section 3.545 of the Act, 415 ILCS 513.545 (2004), provides the following
Electronic Filing, Received, Clerk's Office, June 8, 2007
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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 of
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.
17.
Rockton's discharge of untreated sewage, a contaminant, into the Rock River,
altered, or threatened to alter, the physical, thermal, chemical, or radioactive properties of the
Rock River; rendered, or were likely to render, the Rock River harmful, detrimental or injurious
to wild animals, birds, fish, and other aquatic life; or created, or were likely to create, a nuisance,
and thereby constituted "water pollution" as defined in Section 3.550 of the Act, 415 ILCS
513.550 (2004).
18.
By discharging untreated sewage into the Rock River, as alleged herein,
Rockton
caused or allowed water pollution in violation of Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, VILLAGE OF
ROCKTON, an
,
Illinois municipal corporation, on this Count I:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 4 15 ILCS 511 2(a)
(2004);
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(a) of the Act, 4 15 ILCS 511 2(a) (2004);
4.
Assessing against Respondent a civil penalty of Fifty Thousand Dollars
Electronic Filing, Received, Clerk's Office, June 8, 2007
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($50,000.00) for each and every violation of Section 12(a) of the Act, with an additional penalty
of Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 41 5
ILCS
5/42(f) (2004), including attorney, expert witness, and consultant fees expended by the
State in its pursuit
.
of
.
this action; and
6. Granting such other relief as the Board deems appropriate and just.
COUNT
I1
NPDES PERMIT VIOLATIONS: UNLAWFUL DISCHARGES
1-14. Complainant realleges and incorporates by reference herein paragraphs 1 through
8 and paragraphs 10 through 15 of Count I as paragraphs 1 through 14 of this Count
11.
15.
The Illinois EPA issued to Rockton NPDES Permit No. IL0020791, which
became effective on September 16,2004 and remains in effect as of the date of filing of this
complaint.
16.
NPDES Permit No.
IL0020791 allows Rockton to discharge effluent from its
WWTP through a location known as Sewage Treatment Plant
outfall 001 into the Rock River.
I
17.
Section
12(f) of the Act, 415 ILCS 5/12(f) (2004), provides as follows:
No person shall:
*
*
*
*
f.
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.
18.
Section
309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
Electronic Filing, Received, Clerk's Office, June 8, 2007
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309.102(a), provides as follows:
NPDES Permit Required
a)
Except as in compliance with the provisions 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
unlahl.
19.
Section 301.240 of the Illinois Pollution Control Board ("Board") Water Pollution
Regulations, 35
Ill. Adm. Code 301.240, provides the following definition:
"CWA" means the Federal Water Pollution Control Act, as amended, (33 U.S.C.
1251 et seq., Public Law 92-500 enacted by Congress October 18, 1972 as
amended by the "Clean Water Act", Public Law 95-2 17, enacted December 12,
1977, as amended.)
20.
Section
1362(14) of the CWA, 33 U.S.C.A. $1362(14) (2007), provides the
following definition:
14)
The term
"point source" means any discernible, confined
and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not
include agricultural stormwater discharges and return flows
from irrigated agriculture.
21.
The storm sewer
outfall south of the Hawick lift station is a discernible, confined
and discrete conveyance, and therefore constitutes a "point source", as that term is defined in
Section 1362 of the CWA, 33 U.S.C.A.
$
1362 (2007).
22.
NPDES Permit No.
IL0020791 does not authorize Rockton to discharge from the
storm sewer
outfall south of the Hawick lift station.
23.
Some time between the afternoon of June
6,.2006, and the morning of ~une 7,
2006, Rockton discharged untreated sewage, a contaminant, from a storm sewer outfall south of
Electronic Filing, Received, Clerk's Office, June 8, 2007
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the Hawick lift station and into the Rock River, waters of the State, without an NPDES permit
authorizing the discharge.
24.
Rockton, by its actions as alleged herein, violated Section 12(f) of the Act, 415
ILCS
5/12(f) (2004), and Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill.
Adm. Code 309.102(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, VILLAGE OF
ROCKTON, an
Illinois municipal corporation, on this Count
11:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(f) of the Act, 41 5 ILCS 511 2(f)
(2004), and Section 309.102(a) of the Board Water Pollution Regulations, 35 Ill. Adm. Code
309.102(a);
3.
Ordering the Respondent to cease and desist fiom any further violations of
Section
12(f) of the Act, 41 5 ILCS 5/12(f) (2004), and Section 309.102(a) of the Board Water
Pollution Regulations, 35
Ill. Adm. Code 309.102(a);
4.
Assessing against Respondent, pursuant to Section
42(b)(l) of the Act, a civil
penalty of Ten Thousand
Dollars'($l0,000.00) for each day of violation of Section 12(f) of the
Act and Section
309.102(a) of the Board Water Pollution Regulations;
5.
Ordering Respondent to pay all costs, pursuant to Section
42(f) of the Act, 41 5
ILCS
5/42(f) (2004), including attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action; and
6. Granting such other relief as the Board deems appropriate and just.
7
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
COUNT I11
SYSTEMS RELIABILITY VIOLATIONS
1
-
16. complainant realleges and incorporates by reference herein paragraphs 1 through
16 of Count I as paragraphs 1 through 16 of this Count
111.
17.
Section 306.102 of the Board's Water Pollution Regulations, 35
Ill. Adm. Code
306.102, provides as follows:
Systems Reliability
a)
Malfunctions: All treatment works and associated facilities shall be so
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, duplicate power sources, or such other measures as
may be appropriate.
b)
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.
18.
On and before June 6,2006,
Rockton did not have a backup power source for the
Hawick lift station or for its emergency notification system.
19.
By failing to provide a duplicate power source for the
Hawick lift station and for
its emergency notification system, and by failing to operate the
Hawick lift station in a manner
so as to prevent a discharge of untreated sewage to the Rock River, waters of the State,
Rockton
violated Section 306.102 of the~oard Water Pollution Regulations, 35 Ill. Adm. Code 306.102,
thereby violating Section
12(a) of the Act, 4 15 ILCS 5/12(a) (2004).
20.
Section
306.304 of the Board Water Pollution Regulations, 35 Ill. Adm. Code
306.304, provides as follows:
Overflows
Overflows from sanitary sewers are expressly prohibited.
8
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
21.
At some time between the afternoon of June 6,2006, and the morning of June
7,
2006, Rockton allowed the overflow of the sanitary sewer at the Hawick lift station out into a
bypass pipe, discharging untreated sewage to the Rock River via a storm sewer south of the
Hawick lift station.
22.
Rockton, by its actions as alleged herein, violated Section 306.304 of the Board
Water Pollution Regulations, 35
Ill. Adm. Code 306.304, thereby violating Section 12(a) of the
Act, 415 ILCS
5/12(a) (2004).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, VILLAGE OF
ROCKTON, an
Illinois municipal corporation, on this Count
111:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent has violated Section
12(a) of the Act, 415 ILCS 5/12(a)
(2004), and Sections 306.102 and 306.304 of the Board Water Pollution Regulations, 35 Ill.
Adm. Code 306.102 and 306.304;
3.
Ordering the Respondent to cease and desist from any further violations of
Section
12(a) of the Act, 41 5 ILCS 5/12(a) (2004), and Sections 306.102 and 306.304 of the
Board Water Pollution Regulations, 35
Ill. Adm. Code 306.102 and 306.304;
4.
Assessing against Respondent a civil penalty of Fifty Thousand
~ollzks
($50,000.00) for each and every violation of Section 12(a) of the Act and Sections 306.102 and
306.304 of the Board Water Pollution Regulations, with an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day of violation;
5.
Ordering Respondent to pay all costs, pursuant to Section
42(f) of the Act, 41 5
9
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
ILCS
5/42(f) (2004),
including attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as the Board deems appropriate and just.
Of Counsel:
STEPHEN
J. SYLVESTER
Assistant Attorney General
Environmental Bureau
69
W. Washington St., Suite
1800
Chicago, IL
60602
Tel:
(3 12) 814-2087
Fax:
(3 12) 814-2347
Email: ssylvester@atg.state.il.us
10
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General of the State of Illinois,
MATTHEW
J. DUNN, Chief
Environmental
Enforcement/
Asbestos Litigation Division
By:
\
RoseMarie Cazeau, Chief
Environmental Bureau
Assistant Attorney General
Electronic Filing, Received, Clerk's Office, June 8, 2007
* * * * * * PCB 2007-134 * * * * * *
Electronic Filing, Received, Clerk's Office, June 8, 2007
