BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF GENEVA,
an Illinois municipal corporation,
Respondent.
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PCB No.
(Enforcement -
Water)
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office
of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on you.
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
Environmental facilities financing act [20 ILCS 3515/1 et seq.] to correct the alleged
pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISAMAD AN,
Attorney
ft
CHARD
A.
PERRY
Assistant Attorney General
Environmental Bureau
.69 W; Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-2069
Electronic Filing - Received, Clerk's Office, June 25, 2008
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Charles A. Radovich
Radovich
&
Radovich
Attorneys at Law
312 W. State St.
P.O. Box 464
Geneva, IL 60134
SERVICE LIST
Electronic Filing - Received, Clerk's Office, June 25, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF GENEVA,
an Illinois municipal corporation,
Respondent.
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peBNo.
(Enforcement - Water)
COMPLAINT
The Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
ex reI.
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 the Respondent, the CITY OF
GENEVA, an Illinois municipal corporation,
as follows:
COUNT I
FAILURE TO OBTAIN A CONSTRUCTION PERMIT FOR A WATER MAIN
1.
This Complaint is brought on behalf ofthe People of the State of Illinois,
ex reI.
LISA MADIGAN, Attorney General of the State of Illinois, on her own motion and at the
request
of the Illinois Environmental Protection Agency(the "Illinois EPA") against the CITY
OF GENEVA ("Geneva" or the "Respondent"), pursuant to Section
31 of the Illinois
Environmental Protection Act (the "Act"), 415 ILCS 5/31 (2006).
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 alia,
with the duty of enforcing the Act. The Illinois EPA is authorized to issue regulations governing
Electronic Filing - Received, Clerk's Office, June 25, 2008
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the construction and operation of public water supply installations pursuant to Section 15(b) of
the Act, 415 ILCS 5/15(b) (2006).
3.
At all times relevant to this Complaint, Geneva was and.is an Illinois municipal
corporation, duly authorized and operating under the laws
of the State of Illinois. Geneva is
located in Kane County, Illinois, and has a population
of approximately 23,975.
4.
On May 10, 2007, the Illinois EPA sent a violation notice
to the Respondent
alleging the violations
of the Act described herein, pursuant to Section 31 of the Act, 415 ILCS
5/31 (2006). On June
5, 2007 the Illinois EPA sent a notice to the Respondent rejecting its
proposed compliance commitment agreement. On July 31,2007, the Illinois EPA sent a notice
of intent to pursue legal action to the Respondent.
f
s.
The Kirk Road Business Center is located in the eastern part of the City of
Geneva, at 429 North Kirk Road (the "Kirk Business Center").
6.
On information and belief, on or about March 2006, Geneva began the
construction and installation
ofa water main at the Kirk Business Center (the "Water Main").
7.
On information and belief, the Water Main was intended to increase the supply of
water to residents of the City of Geneva. The Water Main is an extension of and an addition to
the larger water supply system for the City
of Geneva (the "Geneva Water Supply"). The
Geneva Water Supply and the Water Main serve or are intended to serve at least
15 service
connections used
by residents or regularly services at least 25 residents at least 60 days a year.
8.
On information and belief, the operation of the Water Main would have affected
the adequacy
of the supply of water in the City of Geneva.
9.
Geneva completed the construction and installation
of the Water Main on May 4,
2006.
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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10.
At no point prior to or during the construction or installation of the Water Main
did Geneva or any administrator or custodian
of the Water Main possess a permit from the
Illinois EPA authorizing the construction or installation
of the Water Main. The Illinois EPA
issued an "as-built" construction permit to the Respondent on June 6, 2006, after the construction
and installation
of the Water Main had been fully completed.
11.
The construction and installation of the Water Main as an addition to/extension of
the Geneva Water Supply is subject to the Act and to the rules and regulations promulgated by
the Illinois Pollution Control Board (the "Board") and the Illinois EPA. The Board'sregulations
governing public water supplies are found in Title 35, Subtitle F, Chapter I
of the Illinois
Administrative Code ("Board Public Water Supply Regulations"), and the Illinois EPA rules.and
regulations governing public water supplies are found in Title 35, Subtitle F, Chapter
11
of the
Illinois Administrative Code ("Illinois EPA Public Water Supply Regulations").
12.
Section 18(a) of the Act, 415 ILCS 5/18(a) (2006), provides, in pertinent part, as
follows:
(a) No person shall:
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Violate regulations or standards adopted by the Agency pursuant to
Section 15(b)
of this Act or by the Board under this Act;
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.
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13.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides the following
definition
of the term "person":
"Person" is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate,
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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political subdivision, state agency, or any other legal entity, or their legal
representative, agent or assigns.
14.
Respondent, a municipal corporation and a political subdivision, is a
"person" as that term is defined in Section 3.315
of the Act, 415 ILCS 5/3.315 (2006).
15.
Section 3.365 of the Act, 415 ILCS 5/3.365 (2006), provides, in pertinent part, the
following definition
of the term "public water supply":
"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.
16.
The Geneva Water Supply, including the Water Main, is a "public water supply"
as that term is defined in Section 3.365
of the Act, 415 ILCS 5/3.365 (2006).
17.
Section 3.145 of the Act, 415 ILCS 5/3.145 (2006), provides the following
definition
of the term "community water supply":
"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
services at least 25 residents.
18.
Section 602.101(a) of the Board Public Water Supply Regulations, 35
Ill. Adm. Code 602.101(a), provides, in pertinent part, as follows:
Construction Permit
a)
No person shall cause or allow the construction of any new public water
supply installation or cause or allow the change
of or addition to any existing
public water supply, without a construction permit issued by the Environmental
Protection Agency
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19.
Section 652.101(a) of the Illinois EPA Public Water Supply Regulations, 35 Ill.
Adm. Code 652.101(a), provides as follows:
Construction Permit Requirements
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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a)
Construction permits shall be obtained by the official custodian of a
community water supply prior
to beginning construction of any proposed
community water supply and prior to all alterations, changes or additions
to an
existing community water supply which may affect the sanitary quality, mineral
quality or adequacy
of the supply including changes pursuant to 35 Ill. Adm.
Code 653.115.
20.
The Geneva Water Supply,
as a public water supply that serves or is intended to
serve at least 15 service connections used by residents or regularly services at least 25 residents,
is thereby a "community water supply"
as that term is defined in Section 3.145 of the Act, 415
ILCS 5/3.145 (2006).
21.
Section 15(a)
of the Act, 415 ILCS 5/15(a) (2006), provides, in pertinent part, as
follows:
Owners
of public water supplies, their authorized representative, or legal
custodians, shall submit plans and specifications to the Agency and obtain written
approval before construction
of any proposed public water supply installations,
changes, or additions is started.
22.
At no point prior
to or during the construction of the Water Main did the
Respondent, as the owner
of the public water supply, or an authorized representative or legal
custodian
of the Water Main receive written approval from the Illinois EPA for the construction
of the Water Main. By failing to obtain written approval from the Illinois EPA before starting
the construction
of the Water Main, a proposed public water supply installation, Geneva violated
Section 15(a)
of the Act, 415 ILCS 5/15(a) (2006).
23.
By failing to obtain a construction permit before constructing and installing the
Water Main, Geneva constructed and installed a public water supply without a permit granted by
the Illinois EPA, in violation
of Section 18(a)(3) of the Act, 415 ILCS 5/18(a)(3) (2006).
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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24.
. By failing to obtain a construction pennit before constructing and installing the
Water Main, Geneva caused or allowed a change
of or addition to an existing public water
supply without a pennit granted by the Illinois EPA, in violation
of Section 602.101(a) of the
Board'sregulations governing public water supplies,
35 Ill. Adm. Code 602.101(a), and thereby
also violated Section 18(a)(2)
of the Act, 415 ILCS 5/18(a)(2006).
25.
By failing to obtain a construction pennit before beginning construction of the
Water Main, Geneva altered, changed or added to
an existing community water supply that may
affect the adequacy
of the water supply without a pennit issued by the Illinois EPA, in violation
of Section 652.101(a) of the Illinois EPA'sregulations governing public water supplies, 35 Ill.
Adm. Code 652.101(a), and thereby also violated Section 18(a)(2)
of the Act, 415 ILCS
5/18(a)(2)(2006).
WHEREFORE, the Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor
ofthe Complainant and against the
Respondent, GENEVA, on this Count
I:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that the Respondent violated Sections 18(a)(2), 18(a)(3), and 15(a) of the
Act, 415 ILCS 5/18(a)(2)-(3) (2006), and
35 Ill. Adm. Code 602.101(a) and 652.101(a);
C.
Ordering the Respondent to cease and desist from any future violations
of
Sections 18(a)(2), 18(a)(3), and 15(a) of the Act, 415 ILCS 5/18(a)(2)-(3) (2006), and 35 Ill.
Adm. Code 602.101(a) and 652.101(a);
D.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the
Respondent for each violation
of the Act, and an additional civil penalty ofTen Thousand
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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Dollars ($10,000) for each day of violation;
E.
Ordering the Respondent, pursuant to Section 42(f) ofthe Act, 415 ILCS 5/42(f)
(2006), to pay all costs expended by the State in its pursuit of this, action, including attorney,
expert witness, and consultant fees; and
F.
Granting such other relief as the Board deems appropriate and just.
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:
Of Counsel:
RICHARD
A.
PERRY
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, IL 60602
Tel: (312) 814-2069
Fax: (312) 814-2347
Email: rperry@atg.state.i1.us
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Electronic Filing - Received, Clerk's Office, June 25, 2008
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CERTIFICATE OF SERVICE
I, RICHARD
A.
PERRY, an Assistant Attorney General, do certify that I caused
to be mailed this 25
th
day of June, 2008, the foregoing Complaint and Notice of Filing
upon the person listed on said notice, by certified mail.
RICH
A.
PERR
Assistant Attorney General
Environmental Bureau
69 West Washington,
18
th
Floor
Chicago, IL 60602
312-814-2069
Electronic Filing - Received, Clerk's Office, June 25, 2008
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