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 )
EDGE WOOD TERRACE
)
MOBILE HOME
)
PARK,
)
)
Respondent.
)
PCB 2008-012
RESPONSE TO CITIZEN'SCOMPLAINT
NOW COMES Respondent, MORTON MOBILE HOME PARK LLC, by and through its
counsel, William J. Anaya
of ARNSTEIN
&
LEHR LLP, and in response to Complainant's
Citizen's Complaint, Respondent states as follows:
RESPONSE TO COUNT
,
I ARSENIC MCL EXCEEDANCES
1.
This Citizen's Complaint is brought by Complainant on her own motion,
pursuant to the terms and provisions
of Section 31 (d)(l) of the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/3l(d)(l), and Section 103.200
ofthe Illinois Administrative Code, 35 III. Adm. Code 103.200.
RESPONSE: Respondent acknowledges that Complainant initiated this action pursuant
to the Act, but Respondent denies that Complainant has authority to bring this action and
Respondent denies that Complainant has a cause action or relief against Respondent based on the
allegations described in this Citizen's Complaint or pursuant to the Act.
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 connection
therewith also operates the "Morton Mobile Home Park Public Water Supply,"
Electronic Filing - Received, Clerk's Office, November 19, 2007
Illinois Environmental Protection Act (IEPA) Facility No. IL 1795345, which is a
"public water supply" as defined under Section 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, 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 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."
Respondent's public water supply is a "community water supply" or "CWS"
as
that term is defined under Section 3.145 of the Act, 415 ILCS 5/3.145 (2007).
RESPONSE: Respondent admits that Respondent, Morton Mobile Home Park, LLC, is
an Illinois limited liability company that owns, operates, and does business
as the Edgewood
Terrace Mobile Home Park ("Edgewood Terrace"), which mobile home park is located at 24150
Veteran's Road in the Village
of Morton, Tazewell County, Illinois; further responding,
Respondent acknowledges that the definition
of "community water supply" from the Act is
accurately reproduced above, but Respondent denies that Complainant has any cause
of action or
relief against this Respondent thereunder; further responding, Respondent denies the remainder
of the allegations described in paragraph 2 of the Citizen's Complaint.
3.
Complainant is a resident of Edgewood Terrace, Lot 67, and obtains her
water source from the Morton Mobile Home Park Public Water Supply, provided
by Respondent.
RESPONSE: Respondent acknowledges that Complainant currently resides at Lot
67 of
Edgewood Terrace, but Respondent lacks knowledge or information sufficient to form a belief as
to the truth of the allegations in Paragraph 3 of the Complaint, and therefore, denies same.
2
Electronic Filing - Received, Clerk's Office, November 19, 2007
4.
Respondent's water supply is located in the Village of Morton, Tazewell
County, Illinois.
RESPONSE: Respondent admits that Respondent obtains water for Edgewood Terrace
from within 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:
(1)
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
(3)
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.
RESPONSE: Respondent acknowledges that Section 18(a) of the Act is accurately
reproduced above, but Respondent denies that Complainant has any cause
of action or relief
against this Respondent thereunder.
6.
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 [415 ILCS 5] (Act),
the Pollution Control Board (Board) Rules, and the Safe Drinking Water (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.
RESPONSE: Respondent acknowledges that 35 Ill. Adm. Code Section 601.101 is
accurately reproduced above, but Respondent denies that Complainant has any cause
of action or
relief against this Respondent thereunder.
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Electronic Filing - Received, Clerk's Office, November 19, 2007
7.
"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 system.
RESPONSE:
Respondent acknowledges that 35 Ill. Adm. Code Section 611.101 is
accurately reproduced above, albeit, without reference to Section 611.121, but Respondent
denies that Complainant has any cause
of action or relief against this Respondent thereunder.
8.
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.
RESPONSE:
Respondent acknowledges that 35 Ill. Adm. Code Section 611.121(a) is
accurately reproduced above, but Respondent denies that Complainant has any cause of action or
relief against this Respondent thereunder.
9.
Section 611.301 of the Board'sPublic Water Supplies Regulations, 35 111
Adm. Code 611.301, 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.
Arsenic (effective January 23,2006): 0.010 mg/l.
RESPONSE:
Respondent acknowledges that part of 35 Ill. Adm. Code Section 611.301
IS accurately reproduced above, and Respondent denies that Complainant has any cause of
action or relief against this Respondent thereunder.
10.
The Illinois EPA determines compliance with the Arsenic MCL through a
running annual average for arsenic ("RAN'), reported quarterly and derived from
Respondent's arsenic samples take [sic] at the mobile home park'swater supply.
RESPONSE:
Respondent lacks knowledge or information sufficient to form a belief as
4
Electronic Filing - Received, Clerk's Office, November 19, 2007
to the truth of the allegations relating to Illinois EPA' s purported methods and protocols
associated with the collection
of samples, transfers thereof and chain of custody, or the purported
accuracy, reliability, relevancy, authenticity and admissibility
as evidence of the data generated
by an unidentified person or persons, using an unidentified methodology, and which relate, in
any way, to any issue
of compliance with the Act or the alleged non-compliance described
anywhere in this Complaint and at Paragraph
10 of the Complaint, and therefore, denies same;
further responding, Respondent denies the remainder
of the allegations described at paragraph 10
of the Citizen's Complaint.
11.
In the second quarter of 2006, Respondent's RAA was .051 mg/I.
RESPONSE: Respondent lacks knowledge or information sufficient to form a belief as
to the truth
of the allegations relating to Illinois EPA's purported methods, protocols and
evidentiary foundation associated with the collection
of samples, transfer thereof, the chain of
custody, or the purported accuracy, reliability, relevancy, authenticity and admissibility as
evidence
of the data generated by an unidentified person or persons, using an unidentified
methodology, and which relate, in any way, to any issue
of compliance with the Act or the
alleged non-compliance described anywhere in this Complaint and at Paragraph
11 of the
Complaint, and therefore, denies same; further responding, Respondent denies the remainder
of
the allegations described at paragraph 11 of the Complaint.
12.
In the third quarter of 2006, Respondent's RAA was 0.046 mg/I.
RESPONSE: Respondent lacks knowledge or information sufficient to form a belief
as
to the truth of the allegations relating to Illinois EPA's purported methods, protocols and
evidentiary foundation associated with the collection
of samples, transfer thereof, the chain of
custody, or the purported accuracy, reliability, relevancy, authenticity and admissibility as
5
Electronic Filing - Received, Clerk's Office, November 19, 2007
evidence of the data generated by an unidentified person or persons, using an unidentified
methodology, and which relate, in any way, to any issue
of compliance with the Act or the
alleged non-compliance described anywhere in this Complaint and at Paragraph
12 of the
Complaint, and therefore, denies same; further responding, Respondent denies the remainder
of
the allegations described at paragraph 12 of the Complaint.
13.
In the fourth quarter of2006, Respondent's RAA was 0.033 mg/I.
RESPONSE:
Respondent lacks knowledge or information sufficient to form a belief as
to the truth of the allegations relating to Illinois EPA's purported methods, protocols and
evidentiary foundation associated with the collection
of samples, transfer thereof, the chain of
custody, or the purported accuracy, reliability, relevancy, authenticity and admissibility as
evidence
of the data generated by an unidentified person or persons, using an unidentified
methodology, and which relate, in any way,
to any issue of compliance with the Act or the
alleged non-compliance described anywhere in this Complaint and at Paragraph
13 of the
Complaint, and therefore, denies same; further responding, Respondent denies the remainder
of
the allegations described at paragraph 13 of the Complaint.
14.
In the first quarter of2007, Respondent's RAA was 0.033 mg/I.
RESPONSE:
Respondent lacks knowledge or information sufficient to form a belief as
to the truth
of the allegations relating to Illinois EPA's purported methods, protocols and
evidentiary foundation associated with the collection
of samples, transfer thereof, the chain of
custody, or the purported accuracy, relevancy, reliability, authenticity and admissibility as
evidence
of the data generated by an unidentified person or persons, using an unidentified
methodology, and which relate, in any way, to any issue
of compliance with the Act or the
alleged non-compliance described anywhere in this Complaint and at Paragraph
14 of the
6
Electronic Filing - Received, Clerk's Office, November 19, 2007
Complaint, and therefore, denies same; further responding, Respondent denies the remainder of
the allegations described at paragraph 14 of the Complaint.
15.
In the second quarter of2007, Respondent's RAA was 0.026 mg/l.
RESPONSE: Respondent lacks knowledge or information sufficient to form a belief
as
to the truth of the allegations relating to Illinois EPA's purported methods, protocols and
evidentiary foundation associated with the collection
of samples, transfer thereof, the chain of
custody, or the purported accuracy, relevancy, reliability, authenticity and admissibility as
evidence of the data generated by an unidentified person or persons, using an unidentified
methodology, and which relate, in any way, to any issue
of compliance with the Act or the
alleged non-compliance described anywhere in this Complaint and at Paragraph
15 of the
Complaint, and therefore, denies same; further responding, Respondent denies the remainder
of
the allegations described at paragraph 15 of the Complaint.
16.
Respondent has knowingly allowed the distribution of water with levels of
arsenic exceeding the standard in 35 Ill. Adm. Code 611.301(b), thereby violating
Section 611.121(a)
ofthe Board'sPublic Water Supplies Regulations 35 Ill, Adm.
Code 611.121(a), and thereby violating Section
18 of the Act, 415 ILCS 5/18
(2007).
RESPONSE: Denied.
17.
Section 611, Appendix H of the Board's Public Water Supplies
Regulations,
35 III. Adm. Code 611. Appendix H, provides the following
Standard health effects language for public notification for contaminant #9,
Arsenic: "Some people who drink water 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."
RESPONSE: Respondent acknowledges that
35 Ill. Adm. Code Section 611, Appendix
H
is only partially reproduced above, and missing therefrom is Note 11, "These arsenic values
are effective January 23, 2006. Until then, the [Maximum Contaminant Limit] is 0.05 mg/l and
7
Electronic Filing - Received, Clerk's Office, November 19, 2007
there is no [Maximum Contaminant Level Goal];" further responding, Respondent denies that
Complainant has any cause
of action or relief against this Respondent thereunder; further
responding, Respondent denies the remainder
of paragraph 17 of the Complaint.
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.
RESPONSE:
Denied.
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.
RESPONSE:
Respondent denies that Complainant is authorized to seek, or otherwise
entitled,
to any such relief against this Respondent.
RESPONSE TO COUNT II
VIOLATION OF GENERAL PUBLIC NOTIFICATION REQUIREMENTS
20.
Complainant realleges paragraphs 1-19 of Count I as paragraphs 1-19 of
Count 11.
RESPONSE:
Respondent reasserts its Responses to the allegations to Paragraphs 1-19
of Complainant's Citizens' Complaint.
21.
By Violation Notice No. W-2006-00l
17, dated April 13, 2006
("Violation Notice"), the Illinois EPA cited Respondent for exceeding arsenic
MCL
of 0.010 mg/l, listing the highest annual average of 0.051 mg/I.
RESPONSE:
Respondent admits that Illinois EPA served a Violation Notice on
Respondent
as described above, but Respondent denied and continues to deny the truth of the
matters asserted therein; further responding, Respondent asserts that Respondent and Illinois
EPA have entered into an agreement resolving the alleged claims and defenses raised in the
Violation Notice, and Respondent denies that Complainant has any authority
to assert any claim
or inference relating thereto or thereunder; further responding, Respondent denies the remainder
8
Electronic Filing - Received, Clerk's Office, November 19, 2007
of paragraph 21 of the Complaint.
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.
RESPONSE:
Respondent admits that Illinois EPA served a Violation Notice on
Respondent
as described above, but Respondent denied and continues to deny the truth of the
matters asserted therein; further responding, Respondent asserts that Respondent and Illinois
EPA have entered into an agreement resolving the alleged claims and defenses raised in the
Violation Notice, and Respondent denies that Complainant has any authority
to assert any claim
or inference relating thereto or thereunder; further responding, Respondent denies the remainder
of paragraph 22 of the Complaint.
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.
35 111. Adm. Code 611.903(a)(1).
RESPONSE:
Denied.
24.
Respondent is required to repeat the notice every three (3) months, as long
as the violation or situation persists. 35 Ill. Adm. Code 611.903(b)(2).
RESPONSE:
Denied.
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 is delivered by the Respondent. 35 III. Adm. Code 611 .903(c)( I)(a).
RESPONSE:
Denied.
26.
On information and belief, after an initial notice (presumably pursuant
to
35 Ill. Adm. Code 611.903(b)(1)), Respondent has failed to provide any repeat
notices despite the fact that the violation and situation continues to persist.
RESPONSE:
Respondent acknowledges that 35 Ill. Adm. Code 611.903(b)(1) IS a
regulation promulgated and generally enforceable in the State
of Illinois, further responding,
Respondent asserts that Respondent and Illinois EPA have entered into an agreement resolving
9
Electronic Filing - Received, Clerk's Office, November 19, 2007
the claims alleged herein by Complainant and all regulatory requirements concerning notice, and
Respondent denies that Complainant has any authority to assert any claim or inference relating
thereto or thereunder; further responding, Respondent denies the remainder
of paragraph 26 of
the Complaint.
RESPONSE TO COUNT III CONTAMINANTS IN WATER
27.
Complainant realleges paragraphs 1-26 of Count II as paragraphs 1-26 of
Count III.
RESPONSE:
Defendant reasserts its Responses to the allegations in Paragraphs 1-26 of
Plaintiffs Citizen's Complaint.
28.
Section 611.121 (b)(1) of the Board's Public Water Supplies Regulations,
35 III. Adm. Code 611.121 (b)(1), provides that:
The finished water delivered 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 excessively 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.
RESPONSE:
Respondent acknowledges that 35 Ill. Adm. Code Section
611.121(b)(1) is accurately reproduced above, but Respondent denies that 35 Ill. Adm.
Code Section 611.121 (b
)(1 ) applies to any relevant facts or circumstances at the
Edgewood Terrace Mobile Home Park; further responding, Respondent denies that
Complainant has authority to seek relief thereunder; further responding, Respondent
denies that Complainant has any cause
of action or relief against this Respondent
thereunder.
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, orange and brown sediment.
It
appears that in the past, after complaints by
residents, the water has been overtreated with chlorine for a short amount of time.
However, the water then returns to its polluted state soon after such chlorination,
10
Electronic Filing - Received, Clerk's Office, November 19, 2007
usually after 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.
RESPONSE:
Denied.
30.
The pollution problems described above, on information and belief, began
sporadically in 2000. However, beginning in 2003, the aforementioned pollution
problems have been continuous and daily. The problems have gotten worse over
time. As aforementioned, occasionally the water is overchlorinated after
Respondent receives a complaint, but the water soon returns to its polluted state.
RESPONSE:
Denied.
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 effect 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'shome, kills plants, causes pets
to become sick, damages fixtures and appliances such as faucets, water heaters
and purifiers, for which repairs and replacement are costly, makes ordinary
household chores, such
as carpet cleaning, washing dishes and laundry, very
difficult due to the fact that the water itself is unclean and stains dishes, utensils,
clothes and towels.
RESPONSE:
Denied.
32.
Section 30
of the Act, 415 ILCS 5/30 (2007), states as follows:
The Agency shall cause investigations to he 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 be made such other investigation
as
it shall deem advisable.
RESPONSE:
Respondent acknowledges that 415 ILCS 5/30 (2007) is accurately
reproduced above, but Respondent denies that 415 ILCS 5/30 (2007) applies to any
relevant facts or circumstances at the Edgewood Terrace Mobile Home Park; further
11
Electronic Filing - Received, Clerk's Office, November 19, 2007
responding, as Complainant alleged above, the Illinois EPA has investigated and is
currently reviewing compliance at the Edgewood Terrace Mobile Home Park, making
any such request
of the Board unnecessary, unauthorized the Act, duplicative and a waste
of the Board's resources; further responding, Respondent denies that Complainant has
authority to seek relief thereunder; further responding, Respondent denies that
Complainant has any cause
of action or relief against this Respondent thereunder.
33.
Complainant requests that the Board request the Agency to investigate the
violations indicated throughout this Complaint.
RESPONSE:
As Complainant alleged above, the Illinois EPA has investigated and is
currently reviewing compliance at the Edgewood Terrace Mobile Home Park, making any such
request
of the Board unnecessary, unauthorized the Act, duplicative and a waste of the Board's
resources; further responding, Respondent denies that Complainant has authority to seek relief
thereunder; further responding, Respondent denies that Complainant has any cause
of action or
relief against this Respondent thereunder; further responding, Respondent denies that
Complainant
is entitled to any such relief hereunder.
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.
RESPONSE:
As more formally set forth below, Respondent denies compliance with the
Arsenic MCL or the finished water standard pleaded in this Count
of the Complaint are
achievable pursuant to the applicable BAT standard; further responding, Respondent denies that
Complainant's cited control is neither BAT or reasonable; further responding, Respondent states
that Respondent and the Illinois EPA are currently seeking a reasonable resolution
of this matter,
and that Respondent has provided all notices to all relevant parties required by law and by the
12
Electronic Filing - Received, Clerk's Office, November 19, 2007
Illinois EPA, and that no fines or penalties are reasonable or appropriate under the
circumstances; further responding, Respondent denies that Complainant is entitled
to such relief
hereunder.
WHEREFORE, Respondent, MORTON MOBILE HOME PARK, LLC, respectfully
requests that the Board dismiss Plaintiffs Complaint, Counts I-III, each with prejudice, and
Order Complainant
to pay Respondent's costs, reasonable attorneys' fees, and enter judgment in
Respondent's favor and award such further relief tha t the Board deems just and proper.
Respectfully submitted,
MORTON MOBILE HOME PARK, LLC,
Respondent
By:
William J. Anaya
John F. Hiltz
ARNSTEIN
&
LEHR LLP
120 S. Riverside Plaza, Suite 1200
Chicago,
IL 60606
Telephone: 312.876.7100
Facsimile: 312.876.0288
13
Electronic Filing - Received, Clerk's Office, November 19, 2007
Affirmative Defenses
As and for its Affirmative Defenses, Respondent alleges and states as follows:
1. On January 23, 2006 the United States Environmental Protection Agency arbitrarily
and capriciously amended the Arsenic MCL, to the extent that the revised standards are too
stringent in relation to the costs
of compliance and was implemented without adequate scientific
basis.
2.
The alleged conditions at issue in this lawsuit are naturally occurring phenomena,
and the water source is not adjacent to, or in the vicinity of, waste arsenic from commercial or
industrial operations or land filling. Respondent has not created or allowed any hazardous
situation to occur.
3.
Immediately after the United States Environmental Protection Agency arbitrarily
and capriciously amended the Arsenic MCL, the Illinois Environmental Protection Agency
reported that thirty-six (36) so-called public water supplies were allegedly out
of compliance
with the "maximum contaminant level and treatment techniques" articulated in the rule.
4.
There is no economically achievable control available to implement the Amended
MCL at the recognized standard
of Best Available Technology ("BAT").
5. Following notification of alleged exceedances under the new Arsenic MCL rule,
Illinois EPA and Respondent agreed that Respondent would investigate and seek to identify
reasonable and enforceable BAT controls because none currently exist. Complainant's action is
pre-empted by the enforcement action initiated by Illinois EPA, and which
is currently being
resolved in an approved and amended Compliance Agreement with Illinois EPA.
6.
Pursuant to the Compliance Agreement with the Illinois EPA, Respondent is
currently exploring alternative sources of water from the local municipality.
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Electronic Filing - Received, Clerk's Office, November 19, 2007
7.
Currently, strict compliance with the Arsenic MCL is impossible, and Respondent
is compliance with the law by working with Illinois EPA and seeking approved, acceptable and
economically achievable control available to implement the Amended MCL at the recognized
standard
of Best Available Technology ("BAT") means of compliance.
WHEREFORE,
Respondent prays that the Illinois Pollution Control Board dismiss
Complainant'sCitizen's Complaint because:
A.
The United States EPA improperly, arbitrarily and capriciously promulgated
the Amended Arsenic MCL, for which there is has no recognized BAT control,
B. It
is currently impossible for anyone, including Respondent, to economically
achieve compliance with the Amended Arsenic MCL ,
C. Claimant's action is pre-empted by the current enforcement action initiated and
being resolved
by the Illinois Environmental Protection Agency, and is otherwise
duplicative, unauthorized by statute and unreasonable under the circumstances.
and order Complainant to pay Respondent's costs and reasonable attorneys' and consultants' fees
in responding to Complainant's Citizen's Complaint, and for such other relief proper under the
circumstances.
By:
w
Respectfully submitted,
MORTON MOBILE HOME PARK, LLC,
Respondent
William J. Anaya
John F. Hiltz
ARNSTEIN
&
LEHR LLP
120
S. Riverside Plaza, Suite 1200
Chicago, IL 60606
Telephone: 312.876.7100
Facsimile: 312.876.0288
15
Electronic Filing - Received, Clerk's Office, November 19, 2007
OffICIAL SEAL
WILLIAM
J
/Jl4AVA
NotorV PublIc • State of
IllInOIS
•
My commIssIOn ExPIres
Mar 25. 2009
~
CERTIFICATION
I. Michael Conley, on oath or affirmation, state that I have read the foregoing
Resp
to
Citizen1s Complaint, and that said responses are accurate to the best of
,\" lII'. nJ ,owledg
Subscribed and Sworn to, Before Me,
A Notary Public, in and for the State
Of Illinois, County of Cook, this
l~
day of November, 2007.
~~---
~~~
..................
~~
My commission expires:
~
•
Electronic Filing - Received, Clerk's Office, November 19, 2007
Certificate of Service
I, the undersigned attorney, certify that I have served true and accurate copies of the
attached Response to Citizen's Complaint and Affirmative Defenses, by enclosing the same in an
envelope, properly addressed to the following:
HASSELBERG, WILLIAMS, GREBE, SNODGRASS & BIRDSALL
124 SW Adams Street, Suite 360
Peoria, Illinois 61602-1320
Attention: Mr. David
L.
Wentworth II
HASSELBERG, WILLIAMS, GREBE, SNODGRASS
& BIRDSALL
124 SW Adams Street, Suite 360
Peoria, Illinois 61602-1320
Attention: Ms. Emily R. Vivian
OFFICE OF
THE ATTORNEY GENERAL
State
of Illinois
500 South Second Street
Springfield, Illinois 62706
Attention: Mr. Stephen J. Janasie
w
with proper postage
pre~aid,
and depositing the same in the United States Mails, located in
Chicago, Illinois, this
19
t
day ofNovember, 2007.
William
J. Anaya
John F. Hiltz
ARNSTEIN
&
LEHR LLP
120 S. Riverside Plaza, Suite 1200
Chicago,
IL 60606
Telephone: 312.876.7100
Facsimile: 312.876.0288
17
Electronic Filing - Received, Clerk's Office, November 19, 2007
