BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    )
    ILLINOIS,
    )
    SEP.23
    2008
    Complainant,
    )
    ‘piTu’1
    COflfroI
    Board
    vs.
    )
    PCB
    No.
    08-102
    )
    (Enforcement)
    CITY OF
    COFFEEN,
    )
    an
    Illinois
    municipal
    corporation,
    )
    Respondent.
    NOTICE
    OF FILING
    To:
    John
    E.
    Evans
    Attorney
    at Law
    McPhail
    &
    Evans,
    P.C.
    106
    E.
    Wood
    Street
    Hillsboro,
    IL
    62049
    PLEASE
    TAKE
    NOTICE
    that
    on
    this date
    I
    mailed
    for
    filing
    with
    the Clerk
    of the
    Pollution
    Control
    Board of
    the State
    of Illinois,
    a
    FIRSTAMENDED
    COMPLAINT, a copy
    of which
    is attached
    hereto
    and
    herewith
    served
    upon
    you.
    Respectfully
    submitted,
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS
    LISA
    MADIGAN,
    Attorney
    General
    of the
    State
    of
    Illinois
    MATTHEW
    J. DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Divisiqn
    1
    BY
    -
    J-t.
    1-Idman
    Assistant
    Attorney
    General
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    2171782-9031
    Dated:
    September
    19,
    2008
    1

    CERTIFICATE
    OF SERVICE
    I hereby
    certify
    that I did on
    September
    19, 2008,
    send
    by
    First Class
    Mail,
    with postage
    thereon
    fully
    prepaid,
    by depositing
    in a
    United States
    Post Office
    Box a
    true and correct
    copy
    of the following
    instruments
    entitled NOTICE
    OF
    FILING
    and
    FIRST
    AMENDED
    COMPLAINT
    To:
    John
    E.
    Evans
    Attorney at
    Law
    McPhail
    & Evans,
    P.C.
    106 E.
    Wood
    Street
    Hillsboro,
    IL 62049
    and
    the
    original
    and
    ten copies
    by
    First
    Class Mail
    with postage
    thereon
    fully
    prepaid
    of
    the
    same foregoing
    instrument(s):
    To:
    John
    T.
    Therriault,
    Assistant
    Clerk
    Illinois
    Pollution
    Control
    Board
    James R.
    Thompson
    Center
    Suite
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    A copy
    was
    also
    sent
    by
    First Class
    Mail
    with
    postage
    thereon
    fUlly
    prepaid
    to:
    Carol
    Webb
    Hearing
    Officer
    Illinois
    Pollution
    Control Board
    1021
    North
    Grand
    Avenue
    East
    Springfield,
    IL 62794
    J. L.
    HOMAN
    .Assistant
    Attorney
    General
    This filing
    is
    submitted
    on
    recycled paper.

    BEFORE
    THE ILLINOIS POLLUTION CONTROL BOARD
    aP
    PEOPLE OF THE STATE
    OF
    )
    SEP
    2
    2OU8
    ILLINOIS,
    )
    STAT
    )
    1OIItj
    r’is
    Complanant,
    )
    rcj
    )
    v.
    )
    PCB
    NO.
    08-102
    )
    (Enforcement)
    CITY OF COFFEEN,
    )
    an Illinois municipal corporation,
    )
    )
    Respondent.
    )
    FIRST AMENDED COMPLAINT
    Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
    Attorney General of the State of
    Illinois,
    complains
    of Respondent, CITY OF COFFEEN,
    as
    follows:
    COUNT I
    NPDES REPORT!NG VIOLATIONS
    1.
    This
    Count
    is
    brought by the Attorney General 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).
    2.
    The Illinois EPA is an agency of
    the State of Illinois created by the Illinois
    General
    Assembly
    in
    Section 4 of the Act, 415 ILCS 5/4
    (2006), and charged,
    inter al/a,
    with the
    duty of
    enforcing the
    Act
    in proceedings before
    the
    Illinois
    Pollution
    Control
    Board
    (“Board”).
    -1-

    3.
    This
    Complaint
    is brought
    pursuant
    to
    Section
    31 of the
    Act,
    415 ILCS
    5/31
    (2006),
    after
    providing
    the
    Respondent
    with
    notice
    and
    the opportunity
    for
    a
    meeting
    with the
    Illinois
    EPA.
    4.
    The
    Respondent,
    City
    of Coffeen
    (“Coffeen”
    or “City”),
    is
    a
    municipal
    corporation
    in
    Montgomery
    County,
    Illinois.
    The
    City serves
    approximately
    seven
    hundred
    six
    residents.
    The City
    maintains
    its own
    waste
    water
    treatment
    plant
    (WWTP).
    Dale
    Nowlan
    is
    the mayor
    for
    the City
    and
    he may be
    reached.
    at P.O. Box
    211,
    Coffeen,
    Illinois 62017.
    5.
    The
    City
    operates
    its
    WWTP
    under the
    terms of
    National Pollutant
    Discharge
    Elimination
    System
    (“NPDES”)
    Permit
    Number
    1LG580243.
    The
    permit
    in
    effect
    for most
    of
    the
    relevant
    period
    was issued
    on December
    11,
    2002,
    and effective
    between
    January
    1, 2003 and
    December
    31,
    2007. The
    permit
    has not
    been reissued
    and
    the
    facility
    continues
    to
    operate under
    the
    terms and
    conditions
    of the
    previous
    permit.
    6.
    On
    April
    26,
    2005,
    the
    Illinois
    EPA
    inspected
    the City’s
    WWTP.
    The
    inspector
    met
    with the
    plant
    operator,
    Steve Segrest.
    7.
    Section
    12(a)
    and
    (f) of
    the Act, 415
    ILCS
    5/12(a)(f)(2006)
    provides
    as
    follows:
    No person
    shall:
    (a)
    Cause
    or
    threaten
    or allow
    the
    discharge
    of
    any
    contaminants
    into
    the environment
    in
    any State
    so as to
    cause
    or tend
    to
    cause
    water
    pollution
    in Illinois,
    either alone
    or
    in combination
    with matter
    from other
    sources,
    or so
    as to
    violate
    regulations
    or
    standards
    adopted
    by the Pollution
    Control
    Board under
    this Act.
    -2--

    ***
    (f)
    Cause,
    threaten
    or
    allow the
    discharge
    of
    any
    contaminant
    into
    the waters
    of
    the
    State,
    as defined
    herein,
    including
    but not
    limited
    to,
    waters
    to
    any
    sewage
    works,
    or
    into
    any well
    or from
    any
    point
    source
    within
    the
    State,
    without
    an NPDES
    permit
    for point
    source
    discharges
    issued
    by the
    Agency
    under
    Section
    39(b)
    of this
    Act, or
    in violation
    of any
    term
    or condition
    imposed
    by
    such
    permit,
    or in
    violation
    of any
    NPDES
    permit
    filing
    requirement
    established
    under
    Section
    39(b),
    or in
    violation
    of
    any regulations
    adopted
    by
    the
    Board
    or
    of
    any
    order
    adopted
    by the
    Board
    with
    respect
    to the
    NPDES
    program.
    *
    *
    *
    8.
    Section
    305.102(b)
    of
    the Board’s
    regulations,
    35
    Adm.
    Code
    305.102(b)
    provides
    as
    follows:
    “b)
    Every
    holder
    of
    an
    NPDES
    (National
    Pollutant
    Discharge
    Elimination
    System)
    permit
    is
    required
    to
    comply
    with
    the
    monitoring,
    sampling,
    recording
    and
    reporting
    requirements set
    forth
    in the
    permit
    and
    this
    Chapter.”
    9.
    The
    Respondents’
    NPDES
    Permit
    No.
    1LG580243
    provides,
    in
    pertinent
    part
    as
    follows:
    SPECIAL
    CONDITION
    8. The
    Permittee
    shall
    record
    monitoring
    results
    on DMR
    forms
    using
    one
    such
    form
    for each
    discharge
    each
    month.
    In
    the
    event
    that
    no
    discharge
    occurs
    during
    the monthly
    reporting
    period,
    the
    DMR
    form
    shall
    be submitted
    with
    “no
    discharge”
    indicted.
    The
    completed
    DMR
    form
    shall
    be
    submitted
    monthly
    to
    the
    IEPA,
    no
    later
    than
    the 1 5
    of
    the
    following
    month....
    10.
    The
    Respondents’
    NPDES
    Permit
    No.
    1LG580243
    provides
    in
    pertinent
    part
    as
    follows:
    STANDARD
    CONDITION
    12(d).
    Monitoring
    reports.
    Monitoring
    results
    shall
    be reported
    at
    the intervals
    specified
    elsewhere
    in this
    permit.
    -3-

    11.
    The
    Respondent, City of Coffeen, has failed
    to submit the Discharge
    Monitoring
    Reports (DMRs) as required
    by the
    NPDES
    permit, itemized
    as
    follows:
    DMR
    Due Date
    Received Date
    March 2003
    4/15/03
    Not received
    April 2003
    5/15/00
    Not received
    September 2005
    10/15/05
    Not received
    October2005
    11/15/05
    Not
    received
    January 2006
    2/15/06
    Not received
    February 2006
    3/15/06
    Not received
    March 2006
    4/1 5/06
    Not received
    April 2006
    5/15/06
    Not received
    May 2006
    6/15/06
    Not
    received
    June 2006
    7/15/06
    Not received
    July 2006
    8/1 5/06
    Not received
    August
    2006
    9/15/06
    Not received
    January
    2007
    2/15/07
    Not received
    August 2007
    9/15/07
    Not received
    September 2007
    10/15/07
    Not received
    October
    2007
    11/15/07
    Not received
    November 2007
    12/15/07
    Not received
    April 2008
    5/15/08
    Not received
    May 2008
    6/15/08
    Not received
    12.
    The Respondent, City of Coffeen, has failed to timely submit the
    Discharge
    Monitoring Reports as required by the NPDES permit, itemized
    as
    follows:
    -4-

    DMRs
    Due
    Date
    Received Date
    May2003
    6/15/03
    10/27/05
    June2003
    7/15/03
    10/27/05
    July2003
    8/15/03
    10/27/05
    August 2003
    9/15/03
    10/31/05
    September 2003
    10/15/03
    10/31/05
    October
    2003
    11/15/03
    10/31/05
    November
    2003
    12/15/03
    10/31/05
    December
    2003
    1/15/04
    10/31/05
    January2004
    2/15/04
    10/31/05
    February
    2004
    3/15/04
    10/31/05
    March2004
    4/15/04
    10/26/05
    April2004
    5/15/04
    10/26/05
    May 2004
    6/15/04
    10/26/05
    June2004
    7/15/04
    10/31/05
    July2004
    8/15/04
    10/31/05
    August
    2004
    9/15/04
    10/31/05
    September
    2004
    10/15/04
    11/3/05
    October
    2004
    11/15/04
    11/3/05
    November
    2004
    12/15/04
    11/3/05
    December
    2004
    1/15/05
    11/3/05
    January2005
    2/15/05
    11/3/05
    February
    2005
    3/15/05
    11/3/05
    March2005
    4/15/05
    11/3/05
    April2005
    5/15/05
    11/3/05
    May2005
    6/15/05
    11/3/05
    June2005
    7/15/05
    11/3/05
    -5-

    DMRs
    Due Date
    Received Date
    July2005
    8/15/05
    11/3/05
    August2005
    9/15/05
    11/3/05
    November2005
    1/15/05
    1/11/07
    December 2005
    1/15/05
    1/11/07
    September 2006
    10/15/06
    1/11/07
    October2006
    11/15/06
    1/11/07
    December2006
    1/15/07
    1/11/07
    November
    2006
    12/15/06
    1/11/07
    December
    2007
    1/15/08
    2/6/08
    January2008
    2/15/08
    3/5/08
    February 2008
    3/15/08
    5/14/08
    March 2008
    4/1 5/08
    5/15/08
    13.
    From at
    least April 2003 until the present day, the Respondent
    has failed
    to
    submit
    or to timely submit some
    DMRs as required by Special
    Condition 8 and
    Standard
    Condition
    12(d) of the NPDES
    Permit
    in
    violation of 35 Ill. Adm. Code
    305.102(b).
    14.
    By
    violating
    35
    Ill. Adm. Code 305.102(b), Respondent has
    violated
    Section 12(a)
    and (f) of
    the
    Act, 415
    ILCS 5/12(a)(f)(2006).
    15.
    These violations have
    occurred repeatedly since at least April 2003.
    V
    PRAYER FOR RELIEF
    WHEREFORE, Complainant, the
    PEOPLE OF THE STATE OF ILLINOIS,
    respectfully
    request that the
    Board enter an order against the Respondent,
    CITY
    OF
    COFFEEN:
    -6-

    A.
    Authorizing
    a
    hearing
    in this
    matter
    at
    which
    time the
    Respondent will
    be
    required
    to answer
    the
    allegations
    herein;
    B.
    Finding
    that Respondent has violated
    the Act
    and regulations as alleged
    herein;
    C.
    Ordering
    Respondent
    to cease
    and
    desist
    from
    any
    further
    violations
    of
    the
    Act
    and associated
    regulations;
    D.
    Assessing
    against
    Respondent
    a civil
    penalty
    of fifty
    thousand
    dollars
    ($50,000)
    for
    each
    violation
    of the
    Act,
    and
    an
    additional
    penalty
    of ten
    thousand
    dollars
    ($10,000)
    for
    each
    day
    during
    which
    each
    violation
    has
    continued
    thereafter;
    E.
    Awarding
    to Complainant
    its costs
    and reasonable
    attorney’s
    fees;
    and
    F.
    Granting
    such
    other relief
    as
    the Board
    may
    deem
    appropriate.
    COUNT
    II
    FAILURE
    TO
    SAMPLE
    1.
    Complainant
    realleges
    and
    incorporates
    herein
    by
    reference
    paragraphs
    2,
    4-12
    of
    the
    above
    Count
    I
    as
    paragraphs
    1-10
    of this
    Count
    II.
    11.
    This Count
    is
    brought
    by
    the
    Attorney
    Genera
    I on
    her own
    motion
    pursuant
    to
    the
    terms
    and
    provisions
    of Section
    31
    of
    the
    Illinois
    Environmental
    Protection
    Act
    (“Act”),
    415
    ILCS
    5/31
    (2006).
    12.
    According
    to
    the DMRs
    eventually
    received
    by
    the Illinois
    Environmental
    Protection
    Agency,
    the
    Respondent
    failed
    to collect
    samples
    as
    listed
    below:
    DATE
    INFLUENT SAMPLE
    EFFLUENT
    SAMPLE
    August
    2005
    Not
    taken
    —7-

    July2005
    Not taken
    June2005
    Nottaken
    May2005
    Not taken
    April 2005
    Not taken
    March 2005
    Not taken
    Not
    taken
    February 2005
    Not taken
    January2005
    Not
    taken
    December 2004
    Not taken
    November 2004
    Not taken
    Not taken
    October
    2004
    Not
    taken
    September
    2004
    Not
    taken
    August
    2004
    Not
    taken
    July2004
    Not
    taken
    June2004
    Nottaken
    Nottaken
    February
    2004
    Not
    taken
    January
    2004
    Not
    taken
    November 2003
    Not taken
    October
    2003
    Not taken
    Not
    taken
    August 2003
    Not
    taken
    13.
    NPDES Permit
    No.
    1LG580243
    provides,
    under
    “Effluent Limitations,
    Monitoring,
    and
    Reporting,”
    that
    “grab
    samples”
    will be
    taken
    once a month to ascertain
    concentrations
    of various
    contaminants
    in the
    effluent
    stream.
    14.
    NPDES
    Permit No. 1LG580243
    states,
    under
    “Influent Monitoring
    and
    Reporting,”
    that
    “Influent
    BOD
    5and
    Suspended
    Solids shall be
    sampled at least
    once
    per
    month
    as
    a
    composite
    sample....
    Flows
    shall
    be
    reported as a
    monthly average
    and
    -8-

    daily maximum
    on the
    DMR’s.”
    15.
    By failing
    to
    take the
    required
    samples
    as listed
    above,
    the
    Respondent
    has
    violated the
    terms of
    NPDES
    Permit
    No. 1LG580243
    and Section
    305.102(b)
    of the
    Board’s
    regulations,
    35
    lll.Adm.
    Code
    Section
    305.102(b).
    16.
    By violating
    35 III.
    Adm. Code
    305.102(b),
    and
    its NPDES
    Permit,
    Respondent
    has violated
    Section
    12(f) of
    the Act,
    415 ILCS
    5112(f)(2006).
    17.
    These
    violations
    have
    occurred
    repeatedly
    since
    at
    least
    August
    2003.
    PRAYER
    FOR
    RELIEF
    WHEREFORE,
    Complainant,
    the
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS,
    respectfully
    request
    that the
    Board enter
    an order
    against
    the Respondent,
    CITY OF
    COFFEEN:
    A.
    Authorizing
    a hearing
    in this maffer
    at which
    time
    the
    Respondent
    will
    be
    required
    to
    answer
    the allegations
    herein;
    B.
    Finding
    that
    Respondent
    has violated
    the
    Act
    and
    regulations
    as alleged
    herein;
    C.
    Ordering
    Respondent
    to cease
    and desist
    from any
    further
    violations
    of
    the Act
    and
    associated
    regulations;
    D.
    Assessing
    against
    Respondent
    a civil
    penalty
    of fifty
    thousand
    dollars
    ($50,000)
    for
    each violation
    of
    the Act, and
    an additional
    penalty
    of
    ten
    thousand
    dollars
    ($10,000)
    for each
    day
    during
    which each
    violation
    has continued
    thereafter;
    E.
    Awarding
    to Complainant
    its costs and
    reasonable
    attorney’s
    fees;
    and
    F.
    Granting
    such other
    relief
    as the Board
    may deem
    appropriate.
    -9-

    COUNT
    III
    REPORTING VIOLATIONS
    1.
    Complainant realleges and incorporates herein by reference paragraphs
    2, 4-12
    of
    the
    above Count
    I
    as
    paragraphs 1-10 of this
    Count
    Ill.
    11.
    This
    Count is brought by the Attorney General on her own motion
    pursuant to the
    terms and
    provisions of Section 31 of the Illinois Environmental
    Protection Act (“Act”),
    415 ILCS 5/31 (2006).
    12.
    Section 18 of the
    Act, 415 ILCS 5/18(2006)
    provides
    in
    pertinent part
    as
    follows:
    (a)
    No person shall:
    *
    *
    *
    (2) violate
    regulations or standards adopted
    by
    the Agency pursuant to
    Seôtion 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.
    *
    *
    *
    13.
    Section 19 of
    the Act, 415
    ILCS 5/19(2006),
    provides
    as
    follows:
    Owners
    or official custodians
    of public water supplies
    shall
    submit such
    samples of water for
    analysis and such reports of
    operation
    pertaining to the
    sanitary quality, mineral quality, or
    adequacy of such
    supplies as may be requested by the
    Agency.
    Such
    samples
    and reports shall be
    submitted within 15 days after
    demand by
    the Agency.
    14.
    Section
    611.831 of the Board’s Public
    Water Supplies Regulations, 35 Ill.
    -10-

    Adm. Code 611.831, provides
    as
    follows:
    Within
    30 days following the last
    day of the month, each CWS supplier
    must
    submit a monthly operating report
    to the Agency on forms provided
    or approved
    by the Agency.
    15.
    Section
    653.605 of the Board’s Public
    Water
    Supplies
    Regulations, 35 Ill.
    Adm. Code 653605, provides
    as follows:
    a)
    A
    copy
    of the daily operating
    report records signed by the certified
    operator or registered person in responsible charge shall
    be
    submitted to the Illinois Environmental Protection Agency each
    month
    as
    required
    by 35
    III.
    Adm. Code 606.101. These operating
    reports shall show:
    1)
    amount of water pumped;
    2)
    chlorine chemical used;
    3)
    amount of chlorine chemical fed;
    4)
    calculated chlorine dosage; and
    5)
    residual chlorine test
    results.
    b)
    An individual set of records shall be
    maintained
    for each
    installation when more than one source of
    water with separate
    chlorination
    equipment is used.
    c)
    A
    copy of
    the daily operating report shall be maintained by the
    official
    custodian of the
    community water supply.
    18.
    Following a review of its records, the
    Illinois EPA discovered
    that the
    Respondent
    failed to submit monthly operating reports
    reflecting
    the
    daily amounts
    of
    chemicals fed and
    volumes of water pumped for March 2008, April 2008, and May
    2008.
    19.
    By
    failing
    to
    submit monthly operating reports for the months of March,
    April and May
    2008, the Respondent has
    violated Sections 18 and 19 of the Act, 415
    -11-

    ILCS 5/19 (2006) and Sections 611.831 and
    653.605
    of the Board’s Public Water
    Supplies Regulations, 35 III. Adm.
    Code
    611.831
    and
    653.605 and therefore violated
    Section
    18
    and 19 of the Act, 415 ILCS
    5/18,
    19(2006).
    23.
    These violations
    have been committed
    knowingly or repeatedly and will
    continue unabated unless and until enjoined
    by
    this Court.
    PRAYER FOR RELIEF
    WHEREFORE, the Complainant, People of the State of Illinois, respectfully
    requests that this Court
    grant
    the following relief:
    A.
    Find that the CITY OF COFFEEN has violated
    Sections 611.831 and
    653.605 of the
    Board’s
    Public
    Water Supplies Regulations, 35
    III. Adm.
    Code
    611.831
    and 653605, and
    Sections 18 and 19 of the Act, 415 ILCS
    5/18 and 19(2006);
    B.
    Permanently enjoin the Respondent from
    further violations of the Act and
    associated
    regulatbns;
    C.
    Assess against the Respondent a
    monetary penalty of up
    to fifty thousand
    dollars
    ($50,000)
    for each violation and up to an
    additional ten
    thousand dollars
    ($1
    0,000) for each day
    that the violation has continued;
    and
    D.
    Grant
    such other and further relief as this Court
    deems
    appropriate.
    Respectfully
    submitted,
    PEOPLE OF THE STATE OF
    ILLINOIS
    LISA MADIGAN,
    Attorney General
    of the
    State
    of Illinois,
    MATTHEW J. DUNN, Chief
    Environmental Enforcement/Asbestos
    -12-

    Of Counsel
    J.L. Homan
    Assistant
    Attorney General
    500 South
    Second
    Street
    Springfield,
    Illinois 62706
    21717829031
    9%s
    Dated:
    /o
    8’
    -13-
    Litigation
    Division
    BY:
    THOMAS
    DAVIS, Chief
    Environmental
    Bureau
    Assistant
    Attorney General

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