ILLINOIS POLLUTION CONTROL BOARD
May 7, 2009
LORETTA THIGPEN,
Complainant,
v.
MORTON MOBILE HOME PARK, LLC,
d/b/a EDGEWOOD TERRACE MOBILE
HOME PARK,
Respondent.
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PCB 08-12
(Citizens Enforcement – PWS)
ORDER OF THE BOARD (by S.D. Lin):
On July 30, 2007, Loretta Thigpen filed a 3-count complaint (Comp.) against Morton
Mobile Home Park, LLC, an Illinois limited liability company (respondent), d/b/a Edgewood
Terrace Mobile Home Park. See 415 ILCS 5/31(d) (2006); 35 Ill. Adm. Code 103.204. Loretta
Thigpen alleges that she resides in Edgewood Terrace Mobile Home Park operated by
respondent, and receives her drinking water from the public water supply also operated there by
respondent. Complainant Thigpen alleges that, in 2006-2007, respondent delivered drinking
water containing arsenic in excess of the maximum contaminant level, and failed to make
required notification of the exceedences in violation of Section 18 of the Environmental
Protection Act (Act) (415 ILCS 5/18 (2006)) and Sections 611.121(a), 611.301(b) and 611.903
of the Board’s public water supply regulations. 35 Ill. Adm. Code 611.121(a), 611.301(b) and
611.903. Edgewood Terrace Mobile Home Park is located in the Village of Morton, Tazewell
County.
On April 30, 2009, complainant Thigpen filed a motion for voluntary dismissal of this
action without prejudice (Mot.). In support of her motion, complainant reports that
Respondent has replaced the well water supply to the Edgewood Terrace Mobile
Home Park with ‘city’ water supplied by the Village of Morton, said project
having been completed in late February or early March 2009.
On information and belief, the [Environmental Protection] Agency, through the
Attorney General’s Office, has informed the Complainant that the Respondent
sufficiently complied with a Compliance Commitment Agreement between the
Agency and the Respondent such that no penalties will be sought by the Agency.
Respondent’s installation of the new water supply lines to the Edgewood Terrace
Mobile Home Park has resolved Complainant’s primary concerns, and on infor-
mation and belief, has corrected the arsenic levels in the water supplied by
Respondent to her mobile home. Mot. at 1-2.
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The motion states that complainant advised respondent that this objection would be filed, and has
heard no objection.
Id.
at 2.
The Board grants complainant’s motion for voluntary withdrawal of this enforcement
action without prejudice, noting no hearing has been held. This case is dismissed and the docket
is closed.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on May 7, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
