• /
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
PCB No. 08-27
CLERK'S
Egvieco
OFFICE
NOV 0
8 2007
ntiution
ST
ATE
OF
Control
ILLINOISBoard
CITY OF HOMETOWN, a municipal
?
)
Corporation,
Respondent.
NOTICE OF FILING
TO:?
See attached service list.
PLEASE TAKE NOTICE that on the 8
th
day of November 2007, we filed with the Office
of the Clerk of the Illinois Pollution Control Board, James R. Thompson Center, Suite 11-500,
100 West Randolph Street, Chicago, Illinois:
Respondent City of Hometown's Answer to the People of the State of Illinois% Complaint
for Civil Penalties; a copy of which is attached hereto and served he
iveWith
upon you/
PROOF OF SERVICE
I, the undersigned, an attorney, on oath state: I served this Notice by mailing a copy to
the above-mentioned parties at the addresses shown above by causing tye Notice to be deposited
in the U.S. Mail Chute at 30 N. LaSalle Street, Chicago, Illinois/60602-
i
by
5?00 P.M. on
November 8, 2007, with proper postage prepaid.
Joseph Cainkar - #40625
LOUIS F. CAINKAR, LTD.
Attorneys for Respondent
30 North LaSalle Street - #3922
Chicago, Illinois 60602-3333
312/236-3985
SERVICE LIST
Jennifer A. Thomas
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, IL 60602
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60602
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
RECEIVEDCLERK'S
OFFICE
NOV 0 8 2007
CITY OF HOMETOWN, a municipal
Corporation,
Respondent.
ANSWER TO COMPLAINT
NOW COMES the Respondent, CITY OF HOMETOWN ("City"), an Illinois municipal
corporation, by and through its attorneys, LOUIS F. CAINKAR, LTD., and for its Answer to the
PEOPLE OF THE STATE OF ILLINOIS' ("State") Complaint, states 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.
ANSWER: City
admits the allegations contained in Paragraph 1 of the Complaint.
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 alia,
with the duty of enforcing the Act.
Complainant, )
STATE OF ILLINOIS
v.
) PCB
No. 08-27 pollution
Control Board
ANSWER: City
admits the allegations contained in Paragraph 2 of the Complaint.
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.
ANSWER: City
admits the allegations contained in Paragraph 3 of the Complaint.
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.
ANSWER: City
admits the allegations contained in Paragraph 4 of the Complaint.
5.
Hometown as 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.
ANSWER: City
admits the allegations contained in Paragraph 5 of the Complaint.
6.
On July 1, 2005, the certified operator of Hometown's public water supply
retired.
ANSWER: City
denies the allegations contained in Paragraph 4 of the Complaint.
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.
ANSWER: City
admits the allegations contained in Paragraph 7 of the Complaint but deny
any implication that the City did not have a certified water operator through that date.
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8.
On December 12, 2006, the Illinois EPA received the completed Notification of
Certified Operator in Responsible Charge forms for the Superintendent of Oak Lawn's Water
Department to serve as Hometown's interim public water supply operator.
ANSWER: City
admits the allegations contained in Paragraph 8 of the Complaint but deny
any implication that the City did not have a certified water operator through that date.
9.
Section 1 of the Public Water Supply Operations Act ("Public Water Act"), 415
ILLS 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 specified 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.
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(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 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.
ANSWER:?
City
neither admits nor denies the allegations of Paragraph 9 of the Complaint and
simply states that 415
ILCS 45/1 speaks for itself.
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 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."
(h) "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.
4
(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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 10 of the Complaint
and simply states that 415 ILCS 45/5 speaks for itself.
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).
ANSWER: Objection.
The allegation calls for a legal conclusion. Without waiving said
objection, City admits the allegations contained in Paragraph 11 of the Complaint.
12.
From at least July 1, 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,
thereby violating Section 1 of the Public Water Act, 415 ILCS 45/1 (2006).
ANSWER: City
denies the allegations contained in Paragraph 12 of the Complaint.
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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 13 of the Complaint
and simply states that 415 ILCS 45/23 speaks for itself.
WHEREFORE, Respondent, City of Hometown, respectfully requests that this cause of
action be dismissed with costs awarded in its favor.
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.
ANSWER: City
re-alleges and incorporates by reference herein its answers to Paragraphs 1
through 8, 10 and 11 of Count
1
as its answers to Paragraphs 1-10 of 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
*
ANSWER: City
neither admits nor denies the allegations of Paragraph 11 of the Complaint
and simply states that 415 ILCS 5/18(a)(2) speak for itself.
6
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.
ANSWER City
neither admits nor denies the allegations of Paragraph 12 of the Complaint
and simply states that 415 ILCS 5/18(a)(2) speak for itself.
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).
ANSWER: Objection. The allegation calls for a legal conclusion. Without waiving said
objection, City admits the allegations contained in Paragraph 13 of the Complaint.
14.
Section 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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 14 of the Complaint
and simply states that 415 ILCS 5/3.365 and 415 ILCS 5/3.145 speak for themselves.
15.
Section 603.102 of the Board Public Water Supply Regulations, 35 111. Adm.
Code 603.102, provides:
7
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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 15 of the Complaint
and simply states that 35 Ill. Adm. Code 603.102 speaks for itself.
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
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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 16 of the Complaint
and simply states 35 Ill. Adm. Code 603.102 speaks for itself.
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, responsible for its public water supply
in violation of Sections 603.102 and 603.103(a) of the Board Public Water Supply Regulations,
35 III. Adm. Code 603.102 and 603.103(a).
ANSWER: City
denies the allegations contained in Paragraph 17 of the Complaint.
8
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.
ANSWER: City
neither admits nor denies the allegations of Paragraph 18 of the Complaint
and simply states 35 Ill. Adm. Code 603.105(b) speaks for itself
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
Corm 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).
ANSWER: The
City denies the allegations contained in Paragraph 19 of the Complaint.
20.
By violating 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), Respondent
thereby violated Section 18(a)(2) of the Act, 415 ILCS 5/18(a)(2) (2006).
ANSWER: Objection.
The allegation calls for a legal conclusion. Without waiving said
objection, the City denies the allegations contained in Paragraph 20 of the Complaint.
WHEREFORE, Respondent, City of Hometown, respectfully requests that this cause of
action be dismissed with costs awarded in its favor.
9
Respectfully submitted,
CITY OF HOMETOWN,
an Illinois n ni ipal corporation,
Joseph Cainkar-#40625
LOWS F. CAINKAR, LTD.
Attorneys for the Respondent
30 North LaSalle, Suite 3922
Chicago, IL 60602
312/236-3985
10