Lisa Madigan
ATTORNEY
GENERAL
Re:
People
v. William
Warren
Dear Clerk:
Enclosed for filing
please find
the original
and ten copies
of a Notice
of Filing, Entry
of
Appearance
and
Complaint in regard
to the
above-captioned
matter. Please
file
the originals
and
return file-stamped
copies
to me
in
the enclosed,
self-addressed
envelope.
Thank you for your
cooperation
and
consideration.
JLH/pk
Enclosures
• 500
South Second Street,
Springfield, Illinois
62706
• (217)
782-1090
• TTY:
(877)
844-5461
• Fax:
(217)
782-7046
100
West
Randolph Street,
Chicago, Illinois
60601
• (312) 814-3000
• TTY:
(800)
964-3013
• Fax:
(312)
814-3806
ED
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF ILLINOIS
October
3, 2008
John T. Therriault,
Assistant
Clerk
Illinois
Pollution Control
Board
James
R.
Thompson
Center,
Ste. 11-500
100
West Randolph
Chicago,
Illinois 60601
Very
loman
nmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCBNo.
)
(Enforcement)
WILLIAM
WARREN,
)
Respondent.
VED
NOTICE
OF FILING
CLERKS
0FFlC
To:
William Warren
OCT
7
2008
2890 Governor’s
Drive
LUNOIS
P.O.
Box
189
pOrl
untrol
Board
Carlyle, IL
62231
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 COMPLAINT,
a copy of
which is attached hereto
and
herewith served
upon 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 this 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.
1
FURTHER,
please take
notice
that
financing
may
be
available,
through the
Illinois
Environmental
Facilities
Financing Act, 20 ILCS
351
5/1
(2006), to correct the
pollution
alleged
in
the Complaint
filed in this
case.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF ILLINOIS
LISA
MADIGAN,
Attorney
General of
the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
LWgati Divis____
/oman
/
Assistant
Attorney General
Environmental
Bureau
500
South Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
October 3, 2008
2
CERTIFICATE
OF
SERVICE
I
hereby
certify
that
I did
on October
3, 2008,
send
by certified
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,
ENTRY
OF APPEARANCE
and
COMPLAINT:
To:
William
Warren
2890
Governor’s
Drive
P.O. Box
189
Carlyle,
IL
62231
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
/J./VHman
—Assistant
Attorney General
This filing
is
submitted
on
recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
S
OFFI
ILLINOIS,
PEOPLE
OFTHE STATE
OF
)
)
ocr
072008
Complainant,
)
P°’!utiofl
CorjS
)
n
vs.
)
PCB
No.
7(
g
)
(Enforcement)
WILLIAM
WARREN,
)
Respondent.
)
ENTRY
OF
APPEARANCE
On
behalf of the
Complainant, PEOPLE
OF THE
STATE
OF
ILLINOIS,
J.
L.
HOMAN,
Assistant
Attorney
General of the
State of Illinois,
hereby
enters
her appearance
as attorney
of
record.
Respectfully submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS,
LISA MADIGAN
Attorney
General of the
State
of Illinois
MATTHEW J. DUNN,
Chief
Environmental
Enforcement/Asbestos
vision
500
South Second
Street
Springfield, Illinois
62706
217/782-9031
Dated:
October
3,
2008
Assistant
Attorney General
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
)
ILLINOIS,
)
Complainant,
v.
)
PCB
NO.
L
)
(Enforcement)
WILLIAM
WARREN,
)
)
CLERK’S
OFFICE
Respondent.
072008
STATE
OF
ILLiNOIS
COMPLAINT
outon
Control
Board
Complainant,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of
the
State
of Illinois,
complains
of
Respondent,
WILLIAM
WARREN,
as follows:
COUNT
I
FAILURE
TO OBTAIN
A CONSTRUCTION
PERMIT
1.
This
Complaint
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.
Carlyle
North,
a
not-for-profit
corporate
entity,
owns
a
public
water
supply
that
provides service
to
approximately
two
thousand
one
hundred
people.
Carlyle
North
purchases
water
from
the
City
of
Carlyle
public
water
supply.
5.
The
Respondent,
William
Warren,
is
an
individual
who
is
involved
in
real
estate
development.
William
Warren’s
contact
address
is
2890
Governor’s
Drive,
Post
Office
Box
189,
Carlyle,
Illinois
62231.
6.
On
August
16, 2004,
the
Illinois
EPA
was
informed
that
a water
main
extension
(the
“extension”)
had
been
improperly
installed
onto
the
Carlyle
North
water
system
(the
“system”).
The
extension
in
question
was
installed
along
Bull
Frog
Lane
near
the
intersection
with
Walcott
Road
in Carlyle,
Clinton
County,
Illinois.
7.
On
a date
prior
to
August
16,
2004,
and
better
known
to the
Respondent,
he
caused
the
extension
to
be
added
onto
the
system.
Mr.
Warren
is the
owner
and
operator
of that
extension.
8.
On August
16,
2004,
the
Illinois
EPA
contacted
the
Registered
Operator
of
the
Carlyle
North
system,
Travis
Sanders.
At that
time,
Mr.
Sanders
was
advised
to
submit
“as
built”
plans
for
the
extension.
9.
On
August
26,
2004,
the
Illinois
EPA
conducted
an
inspection
of
the
extension. Approximately
one
half mile
of
four
inch
water
main
had
been
installed
with
a
flush
hydrant
at
the
end.
In order
to
complete
this installation,
the
previous
flush
header
had
been
removed
from
the
line,
possibly
contaminating
the
system.
2
10.
After
review
of relevant
files,
the
Illinois
EPA
determined
that
no
construction
permit
application
had
been
submitted
for
the
extension.
Carlyle
North,
a
not-for-profit
corporate
entity
involved
in
the
project,
eventually
submitted
“as
built”
plans
to
the
Illinois
EPA
on
December
9,
2004.
Those
plans
were
incomplete.
No
construction
permit
was
issued
for
the
extension.
11.
Section
3.365
of
the
Act,
415
ILCS
5/3.365
(2006),
provides:
“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
appurenances,
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.”
12.
Section
3.145
of
the
Act,
415
ILCS
5/3.145
(2006),
provides
in pertinent
part
as
follows: “‘Community
water
supply’
means
a
public
water
supply
which
serves
or
intended
to
serve
at least
15
service
connections
used
by
residents
or
regularly
serves
at
least
25
residents.”
13.
Section
15 of
the
Act,
415
ILCS
5/15(2006),
provides
as
follows:
(a)
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.
Plans
and
specifications
shall
be
complete
and
of
sufficient
detail
to
show
all
proposed
construction,
changes, or
additions
that
may
affect
sanitary
quality,
mineral
quality,
or
adequacy
of
the
public water
supply;
and,
where
necessary,
said
plans
and
specifications
shall
be
accompanied
by
supplemental
data
as
may
be
required
by
the
Agency
to permit
a
complete
review
thereof.
3
14.
Section
602.101
of
the Board’s
Water
Pollution
Regulations,
35 IlI.Adm.
Code
602.101,
provides
in pertinent
part
as
follows:
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
(Agency).
Public
water
supply installation,
change
or addition
shall
not include
routine
maintenance,
service
pipe
connections,
hydrants
and valves,
or
replacement
of
equipment,
pipe, and
appurtenances
with
equivalent
equipment,
pipe,
and appurtenances.
*
**
15.
By causing
or allowing
the change
of
or
addition
to any
existing
public
water
supply
without
first
obtaining
a construction
permit issued
by
the
IEPA, the
Respondent
has
violated
Section
15 of
the Act,
415
ILCS 5/15(2006),
and
35
Il.
Adm.
Code 602.101.
16.
These
violations
have occurred
repeatedly
since
at
least
August,
2004.
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
the
PEOPLE
OF THE
STATE
OF ILLINOIS,
respectfully
request
that the
Board
enter an
order
against
the
Respondent,
WILLIAM
WARREN:
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
here
in;
4
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
CONSTRUCTION
PERMIT
VIOLATIONS
1-14.
Complainant
realleges
and
incorporates
herein
by
reference
paragraphs
I through 14
of
Count
I as
paragraphs
I through
14
of
this
Count
II.
15.
Section
18
of
the
Act,
415
ILCS
5/18(2006), provides
in
pertinent
part
as
follows:
(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.
5
16.
Section 652.101
of the
Board’s Water
Pollution
Control
Regulations,
35
II.
Adm. Code 652.101,
provides
in pertinent
part
as
follows:
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 III.
Adm.
Code
653.115.
17.
By
removing
the
flush
hydrant
at the
end
of the line
and causing
or
allowing
the
alteration,
change
or addition
to an existing
community
water
supply
in
a
manner which
may affect the
sanitary
or
mineral
quality
of
the water
or the adequacy
of
the supply
of the water where
a construction
permit
had not previously
been
obtained
by
the
official
custodian of
the community
water supply,
the Respondent
has
violated
35
Ill.
Adm. Code 652.101.
18.
By
violating
35
Il. Adm.
Code 652.101,
the
Respondent
has also violated
Section 18 of
the Act, 415 ILCS 5/18(2006).
19.
These
violations
have
occurred
repeatedly
since at least
August
16,
2004.
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
the
PEOPLE
OF
THE STATE
OF ILLINOIS,
respectfully
request that the Board
enter
an order
against
the
Respondent,
WILLIAM
WARREN:
A.
Authorizing
a
hearing
in this
matter
at which
time the
Respondent
will be
required
to
answer the allegations
herein;
6
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
vblation
of
the Act,
and
an
additional
penalty
of
ten thousand
dollars
($10,000)
foreach
day
during
which
each
violation
has
continued
thereafter;
E.
Awardi
g
to
Complainant
its
costs
and
reasonable
attorney’s
fees;
and
F.
Grantir
such
other
relief
as the
Of Counsel
J.L.
Homan
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
Board
may
deem
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
Litigation
Division
BY
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney
General
7
