BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PCB No. 08-
(Enforcement -,Water)
CITY OF HOMETOWN, a municipal
corporation,
Respondent.
NOTICE OF FILING
To: Joseph Cainkar
Louis F. Cainkar,
Ltd~
30 North LaSalle Street, Suite 3922
Chicago, Illinois 60602-2507
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of the Illinois Pollution Control Board by
electronic filing the following Complaint for Civil Penalties,
copies of which are attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
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Tomas
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Ste. 1800
Chicago, Illinois 60602
(312) 814-0609
DATE: October I, 2007
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, October 1, 2007
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF HOMETOWN, a
municipal corporation,
Respondent.
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PCB No. 08-
(Enforcement - Water)
COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondent, CITY OF HOMETOWN, a municipal corporation, as
follows:
COUNT I
FAILURE TO HAVE A CERTIFIED OPERATOR RESPONSIBLE
FOR THE PUBLIC WATER SUPPLY
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
(2006), and is an action for civil penalties.
2.
The Illinois EPA is an administrative agency
established in the executive branch of the State government by
Section 4 of the Act, 415 ILCS 5/4 (2006), and is charged,
inter
Electronic Filing, Received, Clerk's Office, October 1, 2007
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alia,
with the duty of enforcing the Act.
3.
At all times relevant to this Complaint, the City of
Hometown ("Hometown") was and is a municipal corporation duly
organized and existing under the laws of the State of Illinois.
Hometown is a city with a population of approximately 4,467
individuals and located approximately eight (8) miles south west
of downtown Chicago, Cook County, Illinois.
4.
Hometown has no water supply treatment facility, but
is a satellite water supply that purchases finished Lake
Michigan water from the City of Chicago, Cook County, Illinois.
5.
Hometown has two (2) meter vaults. A primary meter
vault is at 87
th
Street and Kostner Avenue and another meter
vault is at 87
th
Street and Rumsey Avenue.
The water flows from
these two locations to Hometown's residents. The satellite
supply has 1,977 service connections within Hometown.
6.
On July 1, 2005, the certified operator of Hometown's
public water supply retired.
7.
On November 20, 2006, the Superintendent of Oak Lawn's
Water Department advised the Illinois EPA that he has a Class A
certification and was willing to serve as Hometown's interim
water operator.
.8.
On December 13, 2006, the Illinois EPA received the
completed Notification of Certified Operator in Responsible
Charge forms for the Superintendent of Oak Lawn's Water
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Electronic Filing, Received, Clerk's Office, October 1, 2007
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Department to serve as Hometown's interim public water supply
operator.
9.
Section 1 of the Public Water Supply Operations Act
("Public Water Act"), 415 ILCS 45/1 (2006), provides, in
pertinent part, as follows:
Section 1
(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.
Except for exempt community water supplies as
sp~cified
in Section 9.1 of this Act, all portions of
a community water supply system shall be under the
direct supervision of a properly certified community
water supply operator.
(2)
The following class requirements apply:
***
(d)
Each community water supply in which the
facilities are limited to pumpage, storage,
or distribution shall have in its employ at
least one natural person certified as
competent as a Class D, Class C, Class B, or
Class A community water supply operator.
***
(3)
A community water supply may satisfy the
requirements of this Section by contracting the
services of a properly qualified certified
operator of the required class or higher, as
specified in subsection (2). A written agreement
to this effect must be on file with the Agency
certifying that such an agreement exists, and
delegating responsibility and authority to the
contracted party. This written agreement shall be
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signed by both the certified operator to be
contracted and the responsible community water
supply owner or official custodian and must be
approved in writing by the Agency.
10. Section 5 of the Public Water Act, 415 ILCS 45/5
(2006), provides, in pertinent part, the following definitions:
(a)
"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 or intended for use for
the purpose of furnishing water for drinking or
general domestic use and which serves at least 15
service connections or which regularly serves 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".
(b)
"Community water supply" means a public water
supply which serves or is intended to serve at
least 15 service connections used by residents or
regularly serves at least 25 residents.
(c)
"Non-community water supply" means a public water
supply that is not a community water supply. The
requirements of this Act shall not apply to non-
community water supplies.
11. The City of Hometown has two (2) meter vaults leading
to 1,977 service connections and is therefore a "community water
supply" of a "public water supply" as those terms are defined in
Section 5 of the Public Water Act, 415 ILCS 45/5 (2006).
12. From at least July I, 2005, or a date better known to
the Respondent, to December 13, 2006, Respondent did not have a
certified operator responsible for its public water supply,
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Electronic Filing, Received, Clerk's Office, October 1, 2007
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thereby violating Section 1 of the Public Water Act, 415 ILCS
45/1 (2006).
13. Section 23 of the Public Water Act, 415 ILCS 45/23
(2006), provides as follows:
Authority is hereby vested in the Illinois Pollution
Control Board to conduct hearings on complaints
charging that any public water supply owner, owner's
manager or agent, official custodian, municipal, state
or other official has violated or aided and abetted
the violation of Section 1 of this Act, or has refused
or neglected to comply with any order issued by the
Director, as herein provided for. Based on the
determinations of the Illinois Pollution Control
Board, the violator shall be penalized by the Illinois
Pollution Control Board not less than $100.00 nor more
than $1000.00 for each offense.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, CITY OF HOMETOWN, for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 1 of the
Public Water Act, 415 ILCS 45/1 (2006);
3.
Order Respondent to cease and desist from any further
violations of Section 1 of the Public Water Act, 415 ILCS 45/1
(2006) ;
4.
Assess against the Respondent a civil penalty of not
less than $100.00 or more than $1,000.00 for each offense of
Section 1 of the Public Water Act, 415 ILCS 45/1 (2006); and
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5.
Grant such other relief as the Board deems appropriate
and just.
COUNT II
FAILURE TO DESIGNATE AND NOTIFY THE ILLINOIS EPA OF
A CERTIFIED OPERATOR RESPONSIBLE FOR THE PUBLIC WATER SUPPLY
1-10. Complainant re-alleges and incorporates by reference
herein Paragraphs 1 through 8, 10 and 11 of Count I as
Paragraphs 1 through 10 of this Count II.
11.
Section 18 (a) (2) of the Act, 415 ILCS 5/18 (a) (2)
(2006), provides as follows:
(a) No person shall:
**
*
(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
***
12. Section 3.315 'of the Act, 415 ILCS 5/3.315 (2006),
provides the following 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.
13. The City of Hometown, a municipal corporation, is a
"person" as that term is defined by Section 3.315 of the Act,
415 ILCS 5/3.315 (2006).
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14. Sections 3.365 and 3.145 of the Act, 415 ILCS 5/3.365
and 3.145 (2006), provide definitions for "public water supply",
"community water supply" and "non-community water supply" that
are identical to those provided by Section 5 of the Public Water
Act, 415 ILCS 45/5 (2006), as alleged in paragraph 9 in this
Count II.
15. Section 603.102 of the Board Public Water Supply
Regulations, 35 Ill. Adm. Code 603.102, provides:
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.
16. Section 603.103(a) of the Illinois Pollution Control
Board ("Board") Public Water Supply Regulations, 36 Ill. Adm.
Code 603.103(a), 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 Supply Operations Act, designated in
responsible charge of the supply's operation.
17. From at least July 1, 2005, or a date better known to
the Respondent, to December 13, 2006, Respondent did not
designate a certified operator, qualified and registered in
accordance with the Public Water Supply Operations Act,
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responsible for its public water supply in violation of Sections
603.102 and 603.103(a) of the Board Public Water Supply
Regulations, 35 Ill. Adm. Code 603.102 and 603.103(a).
18. Section 603.105(b) of the Board Public Water Supplies
regulations, 35 Ill. Adm. Code 603.105(b), provides:
Notification of Change of Ownership or Responsible
Personnel
***
b)
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.
19. From at least July 15, 2005, or a date better known to
the Respondent, to December 13, 2006, Respondent failed to
provide the Illinois EPA with an updated notification form
stating the personnel responsible for its public water supply in
violation of Section 603.105(b) of the Board Public Water Supply
Regulations, 35 Ill. Adm. Code 603.105(b).
20. By violating Sections 603.102, 603.103(a), and
603.105(b) of the Board Pubic Water Supply Regulations, 35 Ill.
Adm. Code 603.102, 603.103(a), and 603.105(b), Respondent
thereby violated Section 18 (a) (2) of the Act, 415 ILCS
5/18 (a) (2) (2006).
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Electronic Filing, Received, Clerk's Office, October 1, 2007
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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, CITY OF HOMETOWN, for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 18(a) (2) of
the Act, 415 ILCS 45/18 (a) (2) (2006), and Sections 603.102,
603.103(a), and 603.105(b) of the Board Public Water Supply
Regulations, 35 Ill. Adm. Code 603.102, 603.103(a), and
603.105 (b) ;
3.
Order Respondent to cease and desist from any further
violations of Section 18 (a) (2) of the Act, 415 ILCS 45/18 (a) (2)
(2006), and Sections 603.102, 603.103(a), and 603.105(b) of the
Board Public Water Supply Regulations, 35 Ill. Adm. Code
603.102, 603.103(a), and 603.105(b);
4.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Illinois
Environmental Protection Act and Board regulations, and an
additional civil penalty of Ten Thousand Dollars ($10,000.00)
for each day of violation;
5.
Order Respondent to pay all costs, pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f) (2006), including attorney,
expert witness and consultant fees expended by the State in its
pursuit of this action; and
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6.
Grant such other relief as the Board deems appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division.
BY:~~~(ew~
RSEMARIE CAZEAU, h{;f
.
Environmental Bureau
Assistant Attorney General
Of Counsel:
JENNIFER A.TOMAS
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-0609
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Electronic Filing, Received, Clerk's Office, October 1, 2007
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CERTIFICATE OF SERVICE
I, JENNIFER A. TOMAS, an Assistant Attorney General,
certify that on the 1
st
day of October 2007, I caused to be
served by u.S. Certified Mail, Return Receipt Requested, the
foregoing Complaint for Civil Penalties 'to the party named on
the attached Notice of Filing, by depositing same in postage
prepaid envelopes with the United States Postal Service located
at 100 West Randolph Street, Chicago, Illinois 60601.
Electronic Filing, Received, Clerk's Office, October 1, 2007
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