KED
JAN
U
92009
OFFICE
OF
THE
A11’ORNEY
GENERAL
PollutIon
STATE
OF
Contro’
ILLINOI$
Board
STATE
OF
ILLINOIS
Lisa
Madigan
X11’ORNEY
GENERAL
January
7,
2009
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Birds
Pinkstaff
Water
Dist.
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.
Very
truly
yours,
Andrew
J.
icholas
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
AJN/pk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
• (217)
782-1090
•
TT’Y:
(877)
844-5461
•
Fax:
(217)
782-7046
100
\Vest
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
• ‘TTY:
(800)
964-3013
• Fax:
(312)
814-3806
flflI
F,’r
N1,,n
C,,rhnr,d,i,
TIfn,,
c2On1
•
,,cl
‘7O
CAOO
•
m’TV.
/077,
O277
C’,.
Z
BEFORE THE
ILLINOIS POLLUTION
CONTROL
PEOPLE OF
THE STATE
OF
ILLINOIS,
)
JAN 092009
Complainant,
)
POIItj
COflttoi
9oard
vs.
)
PCB No.
q
41
(Enforcement
- Water)
BIRDS PINKSTAFF
WATER
DISTRICT,
)
an Illinois not-for-profit
corporation,
)
Respondent.
NOTICE
OF FILING
To:
Birds Pinkstaff
Water District
do
Ed Bailey, President
R.R. #2, Box 201
Lawrenceville, IL 62439
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
3515/1 (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
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:___
Andrew
/
NIchiolas
Assistai
Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
January 7,
2009
2
CERTIFICATE
OF SERVICE
I
hereby certify
that I did
on
January
7, 2009, 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:
Birds
Pinkstaff
Water District
do Ed
Bailey,
President
R.R. #2,
Box 201
Lawrenceville,
IL 62439
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
Andrew
J. Niola
Assistant Att6rney
General
This filing is submitted
on recycled paper.
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF THE
STATE OF
)
FlOE
ILLINOIS,
)
JAN
092009
Complainant,
)
vs.
)
PCBNO.1q1l
)
(Enforcement
- Water)
BIRDS
PINKSTAFF
WATER DISTRICT,
)
an Illinois
not-for-profit corporation,
)
)
Respondent.
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE
OF THE STATE OF ILLINOIS, AndrewJ.
Nicholas,
Assistant
Attorney General of the State of Illinois, hereby enters his 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
Litigation Divi
BY:___
Andrew J.
holas
Environmental
Bureau
Assistant Attorney General
500
South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
January 7, 2009
RECEVED
ERKS
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
JAN
092009
STATE
OF
ILLINOIS
PEOPLE
OF THE STATE
OF ILLINOIS,
)
POllUtion
Control
Board
)
Complainant,
)
v.
)
PCB
NO.
)
(Enforcement
- Water)
)
BIRDS PINKSTAFF
WATER
DISTRICT,
)
an Illinois Not-For-Profit
Corporation,
)
)
)
Respondent.
)
COMPLAINT
Complainant,
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,
complains of the Respondent
BIRDS
PINKSTAFF WATER
DISTRICT,
as follows:
COUNT I
PUBLIC
WATER SUPPLY
VIOLATIONS
1.
This count
is
brought on
behalf of
the
People of the
State
of Illinois,
by Lisa
Madigan,
the 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).
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 alia, with
the
duty
of investigating and enforcing violations
of the Act.
3.
The Respondent,
Birds Pinkstaff Water District (“Respondent”),
is an Illinois
non
profit
located in north-central
Lawrence
County, Illinois.
4.
The Respondent serves
728 customers through 280 connections.
5.
The Respondent is a “public water supply” as that term is defined under
Section
3.365 of the Act, 415 ILCS 5/3.365 (2006),
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”.
6.
The Respondent is a “public water supply” as that term is
defined
under Section
1
of the
Public Water Supply Regulation Act, 415 ILCS 40/1
(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
in incorporated municipalities; or unincorporated communities
where 10 or
more separate lots or properties are being served or intended to
be
served; State
owned
parks
and memorials; and State-owned educational,
charitable,
or
penal institutions.
7.
Respondent’s public water supply
is a
“public water system” (“PWS”),
a
“community
water system”
(“CWS”),
and
a
“ground water system” (“GWS”), as those terms
are
defined
under
Section 611.101 of the Pollution Control
Board’s
(“Board”) Public Water
Supplies
Regulations, 35111. Adm.
Code
611.101 (2005), as
follows:
“COMMUNITY WATER SYSTEM”
or
“CWS” means a public
water
system
(PWS)
that
serves
at
least
15 service
connections
used by
year-round
residents
or
regularly
serves
at
least
25
year-round
residents.
****
“GWS”
means
“groundwater
system”,
a public
water
supply
(PWS)
that uses
only
ground
water
sources.
“PUBLIC
WATER
SYSTEM”
or
“PWS”
means
a
system
for the
provision
to
the
public
of piped
water
for human
consumption,
if such
system
has
at
least fifteen
service
connections
or regularly
serves
an
average
of at least
25
individuals
daily
at
least 60
days
out
of the
year.
A PWS
is either
a
community
water
system
(CWS)
or a
non-community
water
system
(non-CWS).
Such
term
includes:
Any
collection,
treatment,
storage
and
distribution
facilities
under
control
of the
operator
of
such system
and
used
primarily
in
connection with
such
system;
and
Any
collection
or pretreatment
storage
facilities
not
under
such
control
that
are used
primarily
in connection
with
such
system.
8.
The
Respondent
is
a
“person”
as
that
term
is defined
under
Section
3.315
of the
Act,
415 ILCS
5/3.3
15
(2006),
as
follows:
“PERSON” is
any
individual,
partnership,
copartnership,
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, agency
or assigns.
9.
The
Respondent
is
a
“supplier”
as
that term
is defined
under Section
611.101
of
the
Board’s
Public
Water
Supplies
Regulations,
35
Ill.
Adm.
Code
611.101(2005),
as
follows:
“SUPPLIER
OF
WATER”
or
“SUPPLIER”
means
any
person
who
owns
or
operates
a public
water
system
(PWS).
10.
Section
18 of the
Act,
415 ILCS
5/18
(2006),
provides
the
following
prohibition:
(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
11.
Section
611.101
of the
Board’s Public
Water
Supplies
Regulations,
35 Iii.
Adm.
Code
611.101(2005),
provides,
in pertinent
part:
ItMaximum
contaminant
levelt
or
“MCL”
means the
maximum
permissible
level
of
a
contaminant
in water
that
is
delivered
to
any
user
of a
public water
system.
12.
Section
611.121
of the
Board’s
Public Water
Supplies
Regulations,
35
Ill.
Adm.
Code
611.121(2005),
provides,
in
pertinent
part:
Maximum
Contaminant
Levels
and Finished
Water Quality
a)
Maximum
Contaminant
Levels:
No person
may
cause
or
allow water
that
is
delivered
to any user
to
exceed
the
MCL
for
any
contaminant.
b)
Finished
Water Quality.
1)
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.
2)
No
substance
used in treatment
should
remain
in the
water
at a
concentration
greater
than that
required
by
good
practice.
A
substance
that
may
have
a deleterious
physiological
effect,
or
one
for
which
physiological
effects
are
not
known,
must
not be
used
in
a
manner
that
would permit
it
to reach the
consumer.
13.
Section
611.301
of the Board’s
Public
Water
Supplies
Regulations,
35 IIl,Adm.
Code
611.301
(2005),
provides,
in pertinent
part:
****
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 nitrite also
apply to transient
non-CWSs.
Contaminant
MCL
Units
Antimony
0.006
mg/n
Arsenic
(effective January
0.010
mg/a
23,
2006)
Asbestos
7
MFL
Barium
2
mg/c
Beryllium
0.004
mg/n
Cadmium
0.005
mg/n
Chromium
0.1
mg/a
Cyanide
(as free CN)
0.2
mg/Q
Fluoride
4.0
mg/c
Mercury
0.002
mg/a
Nitrate (as N)
10
mg/u
Nitrite (as
N)
1
mg/a
Total Nitrate
and Nitrite
10
mg/a
(as
N)
Selenium
0.05
mg/u
Thallium
0.002
mg/Q
14.
The Maximum Contaminant
Level (“MCL”) for arsenic in
a public water supply
is 0.10 mg/L.
15.
Birds Pinkstaff’s annual
average
for arsenic for the sampling
period of April
through
June 2006 was determined
to be 0.023 mg/L.
16.
Birds
Pinkstaffs
annual average for
arsenic for the sampling
period of July
through September
2006
was determined
to be 0.019 mg/L.
17.
Birds Pinkstaffs annual
average for arsenic for the sampling
period
of October
through
December 2006 was determined
to be 0.0 18 mg/L.
18.
Birds
Pinkstaff’s
annual average
for
arsenic
for the sampling
period
of January
through
March 2007 was determined
to be 0.020 mg/L.
19.
Birds Pinkstaff’s annual
average for arsenic for the
sampling period
of
April
through
June
2007
was
determined
to
be 0.0 16 mg/L.
20.
Birds Pinkstaff’s
annual average for arsenic for
the
sampling
period of July
through
September
2007 was determined to
be
0.0
17 mg/L.
21.
Section 611.325
of the Board’s Public Water Supplies Regulations,
35111. Adm.
Code
611.325 (2005),
provides
in pertinent part:
Microbiological
Contaminants
a)
The MCL is based on the presence or
absence of total coliforms in
a
sample, rather
than
coliform
density.
****
22.
Birds Pinkstaff exceeded the MCL for coliform bacteria during the September
1,
2006 to September 30, 2006 monitoring period.
23.
By exceeding the arsenic MCL level of 0.010 mg/L, Birds Pinkstaff violated
Section
18 of the Act,
415
ILCS 5/18 (2006)
and Sections 611.121 and 611.301 of the
Board’s
Public
Water
Supplies
Regulations, 35 Ill.
Adm.
Code
611.121, 611.301(2005).
24.
By having a presence
of
coliforms in its water supply, Birds Piiikstaff violated
Section 18 of the Act, 415 ILCS 5/18 (2006) and Section 611.325 of Boards Public Water
Supplies
Regulations, 35111. Adm. Code 611.325 (2005).
PRAYER
FOR
RELIEF
WHEREFORE,
the
Complainant, the People
of the State of
Illinois,
respectfully requests
that
the
Board
grant
the
following relief:
A.
Find that
the Respondent,
BIRDS
PINKSTAFF WATER DISTRICT, has
violated
the
Act and
Regulations
as
herein alleged;
B.
Order the Respondent
to
cease and desist from any further violations
of the Act
and
associated
Regulations;
C.
Assess
against
the 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;
D.
Pursuant
to Section
42(f)
of the Act,
415 ILCS
5/42(f)
(2006),
award
the
Complainant
its costs
in
this
matter,
including
reasonable
attorney’s
fees
and
expert witness
costs;
and
E.
Grant
such other
relief
as
the Board
may
deem
appropriate.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF ILLINOIS
LISA MADIGAN,
Attorney
General
of the
State of
Illinois,
MATTHEW
J.
DUTh’H’J,
Chief
Environmental
Enforcement!
Asbestos
Litigation Division
BY
THOMAS
DAVIS
Environmental
Bureau
Assistant
Attorney
General
Of Counsel
ANDREW
J.
NICHOLAS
Assistant
Attorney
General
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
January
7,
2009
