BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of:
)
)
LORETTA THIGPEN
)
)
Complainant.
)
)
v.
)
)
MORTON MOBILE HOME
PARK,
LLC, )
an Illinois limited liability eompany, d/b/a
)
EDGEWOOD TERRACE MOBILE HOME)
PARK,
)
)
Respondent.
)
PCB
2007-
NOTICE OF FILING
TO:
Morton Mobile I-lome Park, LLC
Attn: Thomas
P. Conley, Registered Agent
120
S. Riverside Plaza # 1200
Chieago, Illinois 60606
PLEASE
TAKE NOTICE that on this date I filed electronieally with the Clerk of
the Pollution Control Board of the State of Illinois, a CITIZEN'S COMPLAINT, a eopy
of which is attached hercto and herewith served upon you. Failure to file an answer to
this Complaint within 60 days may have severe conscqucnccs. 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 proeedure, you should contact the
hearing officer assigned to this proceeding, the Clerk's Of1icer or an attorney.
Page 1
of3
Electronic Filing, Received, Clerk's Office, July 30, 2007
* * * * * PCB 2008-012 * * * * *
FURTHER, please take notice that financing may be available, through the
Illinois Environmental Facilities Financing Act, 20 ILCS
35 I5/1 - I9 (2007), to correct the
pollution alleged in the Complaint tiled in this case.
Respectfully submitted,
LORETTA THIGPEN, Complainant,
~41J;
of her
a'j
A orncys
12-
%MI1/L
David
L.
Wentworth II
Emily R. Vivian
I-Iasselberg, Williams, Grebe,
Snodgrass
&
Birdsall
124 SW Adams Street, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637- 1500
Page 2
of 3
CERTIFICATE OF SERVICE
I hereby certify that I did on July 30, 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 cntitled NOTICE OF FILING, ENTRY OF
APPEARANCE, and CITIZEN'S COMPLAINT:
TO:
Morton Mobile Home Park, LLC
Attn: Thomas
P. Conley, Rcgistercd Agent
120
S. Riverside Plaza #1200
Chicago, Illinois 60606
and the same by electronic filing
as authorized by the Clerk of the Illinois Pollution
Control Board;
and a courtcsy copy by First Class Mail with postage thereon fully prepaid of the same
foregoing instruments:
TO:
Stephen
J. Janasie, Esq.
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
~c~
David
L.
Wentworth II
Page 301'3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of:
)
)
LORETTA THIGPEN
)
)
Complainant.
)
)
v.
)
)
MORTON MOBILE HOME PARK, LLC, )
an Illinois limited liability company, d/b/a )
EDGEWOOD TERRACE MOBILE HOME)
PARK,
)
)
Respondent.
)
PCB
2007-
ENTRY OF APPEARANCE
TO:
Clerk
of the Illinois Pollution Control Board and
All
Parties of Record
Please enter our appearance as counsel
of record in this case for the following:
LORETTA THIGPEN
Dated: July 30, 2007.
Res ectfully submitted,
:~
...
~::
-TTA TlIIGPftI
G@
.
David
L.
Wentworth II
One of Her Attorneys
By:(lJ;rn'IQ~
t2
o/W7~
mily R. 'vian
One of Her Attorneys
David
L.
Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass
&
Birdsall
124 SW Adams Street, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of:
)
)
LORETTA THIGPEN
)
)
Complainant.
)
)
v.
)
)
MORTON MOBILE HOME PARK, LLC, )
an Illinois limited liability company, d/b/a )
EDGEWOOD TERRACE MOBILE HOME)
PARK,
)
)
Respondent.
)
PCB
2007-
CITIZEN'S
COMPLAINT
NOW COMES Complainant, LORETTA THIGPEN, by and through her
attorneys, HASSELBERG, WILLIAMS, GREBE, SNOGRASS
&
BIRDSALL, and
complains of Respondent MORTON MOBILE HOME PARK, LLC, an Illinois limited
liability company, d/b/a EDGEWOOD TERRACE MOBILE HOME PARK, as follows:
COUNT I
ARSENIC
MCL
EXCEEDANCES
I.
This Citizen's Complaint is brought by Complainant on her own motion,
pursuant to the terms and provisions
of Section 31(d)(I) of the Illinois Environmental
Protection Act ("Act"), 4 I5 ILCS 5/3 I(d)(I), and Section 103.200 of the Illinois
Administrative Code, 35 Ill. Adm. Code 103.200.
2.
Respondent, Morton Mobile Home Park, LLC, is an Illinois limited
liability company which owns, operates, and does business as the Edgewood Terrace
Mobile Home Park ("Edgewood Terrace") located
at 24150 Veteran's Road in the
Village of Morton, Tazewell County, Illinois, and in conneetion therewith also operates
the "Morton Mobile Home Park Publie Water Supply," Illinois Environmental Protection
Act (IEPA) Facility No.
IL 1795345, which is a "public water supply" as defined under
Scction 3.365 of the Act, 415 ILCS 5/3.365 (2007), as follows:
"Public water supply" means all mains, pipes and structures through
which water is obtained and distributed to the public, ineluding wells and
well structures, intakes and cribs, pumping stations, treatment plants,
reservoirs, storage tanks and appurtenances, collectively or severally,
actually used or intended for use for the purpose of furnishing water for
-.~-
drinking or general domestic usc and whieh serve at least 15 service
eonneetions or whieh regularly serve at least 25 persons at least 60 days
per year. A publie water supply is either a "community water supply" or a
"non-community water supply."
Respondent's public water supply
is a "eommunity water supply" or "CWS" as that term
is defined under Seetion 3.145 of the Aet, 4151LCS 5/3.145 (2007).
3.
Complainant is a resident of Edgewood Terraee, Lot 67, and obtains her
water source from the Morton Mobile Home Park Publie Water Supply, provided by
Respondent.
4.
Respondent's water supply is located in the Village of Morton, Tazewell
County, Illinois.
5.
Section 18(a) of the Act, 415 ILCS 5/18(a) (2007), provides, in pertinent
part:
(a)
No person shall:
(I)
Knowingly eause, 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 Aet; or
(3)
Coustruct, install or operate any public water supply
without a permit granted
by the Agency, or in violation of
any eondition imposed by such a permit.
6.
Section 60 l.! 01 of the Board's Public Water Supplies Regulations, 35 Ill.
Adm. Code 60 l.! 0 I, provides that:
Owners and official custodians
of a public water supply in the State of
Illinois shall provide pursuant to the Environmental Protection Act [415
ILCS 5] (Act), the Pollution Control Board (Board) Rules, and the Safe
Drinking Water (42 U.S.c.
3001' 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.
7.
"Maximum contaminant level" or "MCL" is defined at Section 611.101 of
the Board's Public Water Supplies Regulations, 35 IlL Adm. Code 61l.! 0 I, as "the
maximum permissible level of a contaminant
in
water that is delivered to any user of a
publie water system.
8.
Section 61l.!21 (a) of the Board's Publie Water Supplies Regulations, 35
2
Ill. Adm. Code 61 LI 21 (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
9.
Section 61 1.301 of the Board's Public Water Supplies Regulations,
35111 Adm. Code 61 1.301, provides, in pertinent part:
Revised MCLs for Inorganic Chemical Contaminants
b.
The MCLs in the following table apply to CWSs. Except for fluoride,
the
MCLs also apply to NTNCWSs. The MCLs for nitrate, nitrite, and
total nitrate and nitrate also apply to transient non-CWSs.
Aresenie (effective January 23, 2006): 0.010 mg/I.
10.
The Illinois EPA determines compliance with the Arsenic MCL through a
running annual average for arsenic
("RAN'), repOlied quarterly and derived from
Respondent's arsenic samples take at the mobile home
park's water supply.
11.
In the second quarter of2006, Respondent's RAA was .051 mg/I.
12.
In the third quarter of 2006, Respondent's RAA was 0.046 mg/I.
13.
In the fourth quarter of2006, Respondent's RAA was 0.033 mg/I.
14.
In the first quarter of2007, Respondent's RAA was 0.033 mg/I.
15.
In the second quarter of 2007, Respondent's RAA was 0.026 mg/I.
16.
Respondent has knowingly allowed the distribution of water with levels of
arsenic exceeding the standard in 35 Ill. Adm. Code 61 L301(b), thereby violating Section
6I1.121(a) of the Board's Public Water Supplies Regulations 35 Ill. Adm. Code
61 Ll21 (a), and thereby violating Section 18 of the Act, 415 ILCS 5/18 (2007).
17.
Section 611.Appendix II
of the Board's Public Water Supplies
Regulations, 35 Ill. Adm. Code
61 I.Appendix
II,
provides the following Standard health
ellects language for public notification for contaminant #9, Arsenic:
"Some people who
drink watcr containing arsenic in excess
of the MCL over many years could experience
skin damage
or problems with their circulatory system, and may have an increased risk of
getting cancer."
18.
Complainant has had numerous health problems that have been caused or
exacerbated by the arsenic, including but not limited to, eye irritation, skin rashes,
gastrointestinal problems, and dermatological problems.
3
19.
Complainant requests that the Board order Respondent to immediately and
permanently clean up the water supply,
whether by installation of a filtration system, or
other method, pay civil penalties to the fullest extent of the law, and any and other relief
this Board deems just and reasonable.
I'RAYER FOR RELIEF
WHEREFORE, Complainant, LORETTA THIGPEN, respectfully requests that
the Board
enter an Order against the Respondent, MORTON MOBILE HOME PARK,
LLC, an Illinois limited liability company, d/b/a EDGEWOOD TERRACE MOBILE
HOME PARK:
A.
Authorizing a hearing in this mattcr at which time the Respondent shall be
rcquired to
answer the allegations herein;
B.
Finding that the Respondent has violatcd the Act and regulations as
allcgcd hcrein;
C.
Pursuant to Section 42(a) of the Act, 4151LCS 5/42(a) (2007), impose
upon the Respondent a monetary penalty of not more than the statutory maximum;
D.
Grant such other and further relief as the Board deems appropriate.
COUNT II
VIOLATION OF GENICRAL PUBLIC NOTIFICATION REQUIREMENTS
20.
Count
II.
Complainant realleges paragraphs 1-19 of Count I as paragraphs 1-19 of
21.
By Violation Notice No. W-2006-00 117, dated April 13,2006 ("Violation
Notice"), the Illinois EPA cited
Respondent for exceeding arsenic MCL 01'0.010 mg/l,
listing the highest annual average of 0.051 mg/l.
22.
The Violation Notice required the water system to issue public notification
by direct mail to customers every ninety (90) days so long as the contaminant
concentration exceeds the MCL.
23.
Respondent's violation of the arsenic MCL constitutes a violation that
requires a
"Tier 2 Public Notice" pursuant to Section 611.903 of the Board's Public
Water
Supply Regulations. 35
Ill.
Adm. Code 6lI.903(a)(1).
24.
Respondent is required to repeat the notice evcry three (3) months, as long
as the violation
or situation persists. 35111. Adm. Code 6lI.903(b)(2).
25.
Respondent is required to provide said notices by mail or other direct
delivery to
each customer receiving a bill and to other service connections to which water
4
•
is delivered by the Respondent. 35 Ill. Adm. Code 611.903(c)(I)(a).
26.
On information and belief, after an initial notice (prcsumably pursuant to
35 Ill. Adm. Code 611.903(b)(I)), Respondent has failed to provide any repeat notices
despitc the fact that thc violation and situation continues to persist.
PRAYER
FOR RELIEF
WHEREFORE, Complainant, LORETTA THIGPEN, respectfully requests that
the Board enter an Order against the Respondent, MORTON MOBILE HOME PARK,
LLC, an Illinois limited liability company, d/b/a EDGEWOOD TERRACE MOBILE
HOME PARK:
A.
Authorizing a hearing in this maller at which time the Respondent shall be
required to answer the allegations herein;
B.
Finding that the Respondent have violated the Act and regulations as
alleged herein;
C.
Pursuant to Section 42(a) of the Act, 415ILCS 5/42(a) (2007), impose
upon the Respondent a monetary penalty
of not more than the statutory maximum;
D.
Grant such other and further relief as the Board deems appropriate.
COUNT III
CONTAMINANTS
IN WATER
27.
Count Ill.
Complainant realleges paragraphs 1-26
of Count
II
as paragraphs 1-26 of
28.
Section 611.121(b)(I) of the Board's Public Water Supplies Regulations,
35 Ill. Adm. Code 611.121(b)(I), provides that:
The finished water delivercd to any user at any point in the distribution
system must contain
no impurity at a concentration that may be hazardous
to the health of the consumer or that would be cxcessively corrosive or
otherwise deleterious to the water supply. Drinking water delivered to any
user at any point in the distribution system must contain no impurity that
could reasonably be expected to cause offense to the sense of sight, taste,
or smell.
29.
The drinking water at Edgewood Terrace regularly smells like sewage,
is
discolored (usually brown, orange, black or grey), and contains thick pieces of black,
orangc and brown sediment. It appears that in the past, after complaints by residents, the
water has bccn overtreated with chlorine for a short amount of timc. Howcver, the water
5
then returns to its polluted state soon after such chlorination, usually aftcr complaints by
residents. Complainant has made numerous complaints to Respondent and Respondent's
representatives and was told over a year ago that a new water treatment system was to be
installed in 2006 (as well as being told this in 2004), but no such system has ever been
installed. Complainant
is never provided with proper, timely boil orders or warnings
with regard to the water quality. In addition, there have been numerous problems with
water shortages and water stoppages, without warning. Please refer to the pictures on
Exhibit A attached hereto and made a part hereof.
30.
The pollution problems described above, on information and belief, began
sporadically in 2000. However, beginning
in 2003, the aforementioned pollution
problcms havc been continuous and daily. The problems have gotten worse over time.
As aforementioned, occasionally the water
is overchlorinatcd after Respondent reeeivcs a
complaint, but the water soon returns to its polluted state.
31.
Complainant has had numerous health problems that have been caused or
exacerbated by the water quality, including but not limited to, eye irritation, skin rashes,
gastrointestinal problems, and dermatological problems. In addition, the water has a
profound negative
efTeet on enjoyment of file and property as the water is unfit for
drinking due to the taste and smell, makes bathing unpleasant and ineffective, causes foul
odors in Complainant's home, kills plants, causes pets to become sick, damages fixtures
and appliances such as
f~lUcets,
water heaters and purifiers, for which repairs and
replacement are costly, makes ordinary household chores, such as carpet cleaning,
washing dishes and laundry, very ditlicult due to the fact that the water itself is unclean
and stains dishes, utensils, clothes and towels.
32.
Section 30
of the Act, 415 ILCS
5130
(2007), states as follows:
The Agency shall cause investigations
to be made upon the request of the
Board or upon receipt
of information concerning an alleged violation of
this Act, any rule or regulation adopted under this Act, any permit or term
or condition of a permit, or any Board order, and may cause to bc madc
such other investigation as
it shall deem advisable.
33.
Complainant requests that the Board request the Agency to investigate the
violations indicated throughout this Complaint.
32.
Complainant requests that the Board order Respondent to immediately and
permanently clean up the water supply, whether
by installation of a filtration system, or
other method, pay civil penalties to the fullest extent of the law, and any and other relief
this Board deems just and reasonable.
I'RAn:R FOR RELmF
WHEREFORE, Complainant, LORETTA THIGPEN, respectfully requests that
the Board entcr an Order against the Respondent, MORTON MOBILE HOME PARK,
6
LLC, an Illinois limited liability company, d/b/a EDGEWOOD TERRACE MOBILE
HOME PARK
A.
Authorizing a hearing in this matter at which time the Respondent shall be
required to answer the allegations herein;
B.
Finding that the Respondent have violated the Act and regulations as
alleged herein;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2007), impose
upon the Respondent a monetary penalty
of not more than the statutory maximum;
D.
Grant such other and further relief as the Board deems appropriate.
Respectfully submitted,
LORETTA THIGPEN, Complainant
By:
(f>411;
(211
K
1ij
DiTJ.~
One of Her Attorneys
David
L.
Wentworth II
Emily R. Vivian
Hassclberg, Williams, Grebe,
Snodgrass
&
Birdsall
124 SW Adams Street, Suite 360
Peoria,
IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
dwentworth@hwgsb.eom
evivian@hwgsb.eom
7
CERTIFICATION
1,
-LQr..ettLl~_LThia
no
n
_~~
~_~_,
on oath or affirmation,
state that
I
have read the
fo~g
and that It IS accurate to the best of my knowledge.
_.01
Ii .
.
~.
en
R
tic&'
t.
-0i\,I~~-,-\'-..-=-~~
-' (('omplainant'ssignature) {
Subscribed to and swom before me this
dl th
day
of
~,2007.
%!rJI1~fl~
r.
!V~
~_
g~;yr)~~l1ie
My commission expires:
-lQjLOJ):JOI
0
OFFICIAL
SEAL
EMILY R. VIVIAN
NOTARY PUBlIC, STATE OF lU.ItOIS
IIY COl!IllSSlON
EXPtRES
10.19-2010
NOTICE TO RESPONDENT
NOTE: THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control
Board (Board) a formal complaint, a copy
of which is served on you along with this
notice. You may be required to attend a hearing on a date set by the Board.
Information about the formal complaint process before the Board
is found in the
Environmental Protection Act (Act) (415 ILCS
51!
et seq.)
and the Board's procedural
rules (35 Ill. Adm. Code
101 and 103). These can be accessed at the Board's Web site
(www.ipcb.state.il.us). The following
is a summary of some of the most important points
in the Act and the Board's procedural rules.
It
is provided for general informational
purposes only and does not constitute legal advice or substitute for the provisions
of any
statutc, rule, or regulation:
Board Accepting Formal Complaint for Hearing; Motions
The Board will not accept this formal complaint for hearing if thc Board finds that
it is either "duplicative" or "frivolous" within thc mcaning
of Section 31(d) of the Act
(415 ILCS 5/3 1(d)) and Section 101.202
of the Board's proccdural rules (35 Ill. Adm.
Code 101.202). "Duplicative" mcans that an identical or substantially similar case is
already pending before the Board or in
COUll.
See
35 Ill. Adm. Code 103.212(a) and itcm
10 of the lormal complaint.
"Frivolous" means that thc formal complaint sceks relief that the Board does not
have the authority to grant, or fails
to state a cause of action upon which thc Board can
grant rclief. For example, the Board has the authority to order a respondent
to stop
polluting and pay a civil penalty,
to implement pollution abatement measures, or to
perform a cleanup or reimburse cleanup costs. The Board does not have the authority,
however, to award attorney fees to a citizen complainant.
See
35 Ill. Adm. Code
103 .2 12(a) and items 5 and 9 of the formal complaint.
If you believe that this formal complaint
is duplicativc or frivolous, you may file
a motion with thc Board, within 30 days after the date you were served with the
complaint, requesting that the Board not accept the complaint for hearing. The motion
must state the facts supporting your bclief that the complaint
is duplicative or fiivolous.
Memoranda, afljdavits, and any other relevant documents may accompany the motion.
If
you nced more timc than 30 days to file a motion alleging that thc complaint is
duplicative or frivolous, you must file a motion for an extension of time within 30 days
after service
of the complaint. A motion for an extension of time must state why you
need more time and the amount
of additional time you need. Timely filing a motion
9
alleging that the complaint is duplicative or frivolous will stay the 60-day period for
filing an answer to the complaint.
See
35
Ill.
Adm. Code 103.204, 103.212(b).
All motions filed with the Board's Clerk must include an original, nine copies, and
proof
of service on the other parties. Service may be made in person, by U.S. mail, or by
messenger service. Mail service is presumed complete four days after mailing.
See 35
Ill. Adm. Code 101.300(c), 101.302, 101.304.
If you do not respond to the Board within 30 days after the datc on which the
complaint was served on you, the Board may find that the complaint is not duplicative or
frivolous and accept the case for hearing. The Board will then assign a hearing officer
who will contact you
to schedule times for telephone status conferences and for hearing.
See
35 Ill. Adm. Code 103.212(a).
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after
you receive thc complaint. If you timely file a motion alleging that the complaint is
duplicative or frivolous, or a motion to strike, dismiss, or challenge the sufIiciency of the
complaint, then you may file an answer within 60 days after the Board rules on your
motion.
See
35 Ill. Adm. Code 101.506, 103.204(d), (e), 103.212(b).
The Board's procedural rules require the complainant
to tell you as respondent
that:
Failure to file an answer to this complaint within 60 days may have
severe consequcnces. Failure to answer will mean that allallcgations
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 officcr assigned to this proceeding, the
Clerk's Office or an attorney. 35 III. Adm. Code 103.204(1).
Necessity
of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or
corporation must bc represented before the Board by an attorney.
In addition, an
individual who
is not an attorney cannot represent another individual or other individuals
beforc the Board. However, even if an individual is not an attorney, he or she is allowcd
to represent (I) himself or herself as an individual or (2) his or her unincorporated sole
proprietorship.
See
35 Ill. Adm. Code 10 I AOO(a). Such an individual may nevertheless
wish to have an attorney prepare an answer and any motions or briefs, and present a
defense at hearing.
10
In defending against this formal complaint, you are responsible for your attorney
fees, duplicating charges, travel expenses, wituess fees, and any other costs that you or
your attorney may incur. The Board requires
no filing fee to filc your answer or any
other document with the Board. The Board will pay any hearing costs
(e.g.,
hearing
room rental, court reporting fees, hearing officer expenses).
If you have any questions, please contact the Clerk'sOffice at
(3 I2) 8I4-3629.
II
