13-11 Resolution No. 13-11
RESOLUTION
AUTHORIZING EXECUTION OF A COMPLIANCE COMMITMENT AGREEMENT
WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
REGARDING VIOLATION NOTICE NO. W-2012-00112
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Compliance
Commitment Agreement with the Illinois Environmental Protection Agency on behalf of the City of
Elgin regarding Violation Notice No. W-2012-00112,a copy of which is attached hereto and made a
part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2013
Adopted: January 23, 2013
Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
IN THE MATTER OF: )
ELGIN )
ELGIN, KANE COUNTY, IL )
IL0894380 )
ILLINOIS EPA VN W-2012-00112
BUREAU OF WATER
COMPLIANCE COMNUTMENT AGREEMENT
I. Jurisdiction
1. This Compliance Commitment Agreement ("CCA") is entered into voluntarily by the
Illinois Environmental Protection Agency ("Illinois EPA") and ("Respondent')
(collectively, the "Parties") under the authority vested in the Illinois EPA pursuant to
Section 31(a)(7)(i) of the Illinois Environmental Protection Act ("Act"), 415 ILCS
5/3 1(a)(7)(i).
H. Allegation of Violations
2. Respondent owns [and/or operates] a community. surf_ace water system in the City of
Elgin, 150 Dexter Court, Elgin, Kane County, IL.
3. Pursuant to Violation Notice ("VN") W-2012-00112 issued on November 1, 2012, the
Illinois EPA contends that Respondent has violated the following provisions of the Act
and Illinois Pollution Control Board ("Board") Regulations [and Permit, if applicable]:
a) Failure to collect quarterly raw water bacteriological samples from wells#3, #4,
#5, and 96 at the TPO1 - Riverside Plant. Rule/Reg. Section 19 of the Act, 415
ILCS 5/19
b) Need to properly abandon or rehabilitate Wells #3, #4, #5 and#6 (on-going
violation). Rule/Reg. Section 18 of the Act 415 ILCS 5/18, 35 I11. Adm. Code
601.101, 602.115, 653.103 and the Recommended Standards for Water Works
3.2.5.11.
c) Failure to obtain an operating permit for improvements Northwest Area Water
Transmission Line Phase II, Construction Permit No. 0515-FY1992. Rule/Reg.
Section 18 of the Act 415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102,
602.115 and 652.201.
d) Failure to obtain an operating permit for 2003 DuPage Fulton water main
replacement, Construction Permit No. 1820-FY2003. Rule/Reg. Section 18 of the
Act 415 ILCS 5/18(a)(2) and(3), 35 111. Adm. Code 602.102, 602.115 and
652.201.
e) Failure to obtain an operating permit for Spartan Drive Extension Phase II,
Construction Permit No. 1583-FY2003. Rule/Reg. Section 18 of the Act 415 ILCS
5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102, 602.115 and 652.201.
f) Failure to obtain an operating permit water main extension for Truck Wash, City of
Elgin, Construction Permit No. 1283-FY2004. Rule/Reg. Section 18 of the Act
415 ILCS 5/18(a)(2) and(3), 35 Ill. Adm. Code 602.102, 602.115 and 652.201.
g) Failure to obtain an operating permit for Highland Woods Subdivision-
Neighborhood N & O, Construction Permit No. 1406-FY2005. Rule/Reg.
Section 18 of the Act 415 ILCS 5/18(a)(2) and (3), 35 111. Adm. Code 602.102,
602.115, and.652.201.
h) Failure to obtain an operating permit for West Ridge Village Center water main
extension, Construction Permit No. 0301-FY2006. Rule/Reg. Section 18 of the Act
415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102, 602.115 and 652.201.
i) Failure to obtain an operating permit for Concord International water main
extension, Construction Permit No. 1066-FY2006. Rule/Reg. Section 18 of the Act
415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102, 602.115 and 652.201.
j) Failure to obtain an operating permit for water main extension in Village of Elgin,
Corporate, Construction Permit No. 1604-FY2008. Rule/Reg. Section 18 of the
Act 415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102, 602.115 and
652.201.
k) Failure to obtain an operating permit for Randall Commons Final Site
Improvements plan, Construction Permit No. 0311-FY2009. Rule/Reg. Section 18
of the Act 415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102, 602.115 and
652.201.
1) Failure to obtain an operating permit for U.S. Route 20/McLean Blvd., advance
work water main improvements, Construction Permit No. 1175-FY2011. Rule/Reg.
Section 18 of the Act 415 ILCS 5/18(a)(2) and (3), 35 Ill. Adm. Code 602.102,
602.115 and 652.201.
M. Compliance Activities
4. On December 14, 2012, the Illinois EPA received Respondent's response to VN
W-2012-00112, which included proposed terms for a CCA. The Illinois. EPA has
reviewed Respondent's proposed CCA terms, as well as considered whether any
additional terms and conditions are necessary to attain compliance with the alleged
violations cited in the VN.
5. Respondent agrees to undertake and complete the following actions, which the Illinois
EPA has determined are necessary to attain compliance with the allegations contained in
VN W-2012-00112:
a) The Illinois EPA acknowledges that all outstanding permit deficiencies have been
resolved.
b) Submit a progress report detailing the advancement made on the abandonment or
rehabilitation of wells#3, #4, #5, and#6 by June 30, 2013.
C) Submit well sealing form or documentation of rehabilitation of Well 3
(WL22161) to the Illinois EPA prior to December 31, 2013.
d) Submit well sealing form or documentation of rehabilitation of Well 4
(WL22162) to the Illinois EPA prior to December 31, 2013.
e) Properly abandon Well 5 (WL22163) and submit the well sealing form to the
Illinois EPA prior to December 31, 2013.
f) Submit well sealing form or documentation of rehabilitation of Well 6
(WL22164)to the Illinois EPA prior to December 31, 2013.
g) Once all violations are corrected, Elgin must submit a certification (or a
statement) of compliance. You may submit the attached "Illinois EPA
Compliance Statement" or other similar writing to satisfy the statement of
compliance by December 31, 2013.
IV. Terms and Conditions
6. Respondent shall comply with all provisions of this CCA, including, but not limited to,
any appendices to this CCA and all documents incorporated by reference into this CCA.
Pursuant to Section 31(a)(10) of the Act, 415 ILCS 5/31(a)(10), if Respondent complies
with the terms of this CCA, the Illinois EPA shall not refer the alleged violations that are
.the subject of this CCA, as described in Section II above, to the Office of the Illinois
Attorney General or the State's Attorney of the county in which the alleged violations
occurred. Successful completion of this CCA or an amended CCA shall be a factor to be
weighed, in favor of the Respondent, by the Office of the Illinois Attorney General in
determining whether to file a complaint on its own motion for the violations cited in VN
W-2012-00112.
7. This CCA is solely intended to address the violations alleged in Illinois EPA VN
W-2012-00112. The Illinois EPA reserves, and this CCA is without prejudice to, all
rights of the Illinois EPA against Respondent with respect to noncompliance with any
term of this CCA, as well as to all other matters. Nothing in this CCA is intended as a
waiver, discharge, release, or covenant not to sue for any claim or cause of action,
administrative or judicial, civil or criminal, past or future, in law or in equity, which the
Illinois EPA may have against Respondent, or any other person as defined by Section
3.315 of the Act, 415 ILCS 5/3.315. This CCA in no way affects the responsibilities of
Respondent to comply with any other federal, state or local laws or regulations, including
but not limited to the Act, and the Board Regulations [and Permit, if applicable].
8. Pursuant to Section 42(k) of the Act, 415 ILCS 5/42(k), in addition to any other remedy
or penalty that may apply, whether civil or criminal, Respondent shall be liable for an
additional civil penalty of$2,000 for violation of any of the terms or conditions of this
R CCA.
9. This CCA shall apply to and be binding upon the Illinois EPA, and on Respondent and
Respondent's officers, directors, employees, agents, successors, assigns, heirs, trustees,
receivers, and upon all persons, including but not limited to contractors and consultants,
acting on behalf of Respondent, as well as upon subsequent purchasers of Respondent's
community surface water system in the City of Elgin.
10. In any action by the Illinois EPA to enforce the terms of this CCA, Respondent consents
to and agrees not to contest the authority or jurisdiction of the Illinois EPA to enter into
or enforce this CCA, and agrees not to contest the validity of this CCA or its terms and
conditions.
11. This CCA shall only become effective;
a) If, within 30 days of receipt, Respondent executes this CCA and submits it, via
certified mail, to Illinois EPA, Bureau of Water, Mary Reed, MC #19, 1021 North
Grand Ave East, Springfield, IL 62702. If Respondent fails to execute and submit
this CCA within 30 days of receipt, via certified mail, this CCA shall be deemed
rejected by operation of law; and
b) Upon execution by all Parties.
12. Pursuant to Section 31(a)(7.5) of the Act, 415 ILCS 5/31(a)(7.5), this CCA shall not be
amended or modified prior to execution by the Parties. Any amendment or modification
to this CCA by Respondent prior to execution by all Parties shall be considered a
rejection of the CCA by operation of law. This CCA may only be amended subsequent
to its effective date, in writing, and by mutual agreement between the Illinois EPA and
Respondent's signatory to this CCA, Respondent's legal representative, or Respondent's
agent.
AGREED:
FOR THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY:
BY: DATE: 2
ichael C y
Manager, Compliance ssurance Section
Division of Public Water Supplies
Bureau of Water
FOR RESPO ENT:
BY: DATE: 1/23/2013
David Kaptai
Owner,Elgin
REPORT TO MAYOR & MEMBERS OF CITY COUNCIL
ELGIN *
THE CITY IN THE SUBURBS-
AGENDA ITEM:
MEETING DATE: January 23, 2013
ITEM:
Resolution authorizing the Mayor to sign the proposed compliance commitment agreement for
the Violation Notice W-2012-00112 with the Illinois Environmental Protection Agency
(No Cost to the City)
OBJECTIVE:
Respond to the IEPA in a timely manner with the commitment to fixing our wells
RECOMMENDATION:
Authorize the Mayor to sign the Compliance Commitment Agreement (CCA)
BACKGROUND
In order to maintain well integrity and water quality in all aquifers, the Illinois Environmental
Protection Agency (IEPA) adopted regulations for all municipal groundwater (well) suppliers in
the state for regular sampling and testing requirements. The city of Elgin did not have to comply
with those regulations, since Elgin's water supply is primarily surface (river) water. When well
water is used, it is blended with the river water and treated as surface water anyway (more
treatment required, more regulation on surface water).
The regulations changed and as such, Elgin was asked to perform quarterly testing of its wells.
We have complied with the wells that were operational and informed the IEPA of the status of
the inoperable wells (quarterly). Wells #3, #4, #5 and #6 at Slade Ave. were not tested quarter-
ly for raw water bacteria and even though the IEPA was informed of the status, they eventually
could not ignore the fact that the wells were not being tested. These wells are inoperable and
well do not feed directly into the distribution system. The wells cannot feed into the distribu-
tion system. These wells only feed to the Riverside Water Treatment Plant where they are
blended and treated as surface water.
OPERATIONAL ANALYSIS
The city of Elgin communicated with the IEPA and is being allowed to enter into a Compliance
Commitment Agreement ("CCA") with the agency for the repairs of wells #3, #4, #5, and #6.
Money is being budgeted in FY2013 for these repairs. It is the city's intention to have the wells
operational OR sealed by the end of December 2013. Of note, all of these wells are secured be-
hind fencing (not open to the public) and the wellheads are covered and protected (not open to
the atmosphere).
Early in 2013, a bid will be let for the work to be done on all the wells. It is our intention to
abandon one of the wells—currently the plan is to abandon well #5, but it depends on the con-
ditions of each well as they are pulled. We are reserving the right to make that determination
at the time of repairs. The commitment is that all work will be done in fiscal year 2013, unless
catastrophic events prevent it. The city will keep the IEPA updated on the progress of these re-
pairs. As soon as a well is operational, quarterly monitoring will begin.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
Money has been allocated in the 2013 Water Budget to comply with the repairs necessary to
come into compliance.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
N/A N/A N/A N/A N/A
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose to not have the Mayor sign the Compliance Commitment Agree-
ment and face potential fines.
NEXT STEPS
Sign the CCA and proceed with the repairs.
2
Originators: Kyla B. Jacobsen, Water Director
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A. Compliance Commitment Agreement
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3
��I 1
ELGIN
THE CITY IN THE SUBURBS-
Date: January 30, 2013
To: Kyla Jacobsen, Water System Superintendent
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 11-13, Adopted at the January 23, 2013, Council Meeting
Enclosed you will find the agreement listed below. Please have these agreements signed and
executed by the Illinois Environmental Protection Agency and return one fully executed cony
to the City Clerk's office for the City's records. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Compliance,Commitment Agreement with the Illinois Environmental Protection
Agency on behalf of the City of Elgin regarding Violation Notice No. W-2012-
00112
ILLINOIS ENVIRONMENTAL PROTECTION_AGENCY
1021 NORTH GRAND AVENUE EAST,P.O.BOX 19276,SPRINGFIELD,ILLINOIS 62794-9276,01(2.17)782-3397
PAT QUINN,GOVERNOR JOHN J. KIM, DIRECTQR
217-785-0561
February 5, 2013 CERTIFIED MAIL #7011 1150 0001 0859 0287
RETURN RECEIPT REQUESTED
David Kaptain
City of Elgin
150 Dexter Court
Elgin, IL 60120
Re: Compliance Commitment Acceptance
Violation Notice: W-2012-00112
ELGIN,EL0894380
Dear Mr. Kaptain:
The Illinois Environmental Protection Agency ("Illinois EPA") has approved the Compliance Commitment
Agreement("CCA") for Elgin. Please find enclosed an executed copy of the CCA for your records.
Failure to fully comply with the CCA may, at the sole discretion of the Illinois EPA, result in referral of this
matter to the Office of the Attorney General, the State's Attorney or the United States Environmental
Protection Agency.
The CCA does not constitute a waiver or modification of the terms and conditions of any license or permit
issued by the Illinois EPA or any other unit or department of local, state or federal government or of any local,
state or federal statute or regulatory requirement.
Questions regarding this matter should be directed to Mary Reed at 217/785-0561. Written communications
should be directed to the Illinois Environmental Protection Agency, Bureau of Water, CAS #19, P.O. Box
19276, Springfield, IL 62794-9276, and all communications shall include reference to your Violation Notice
Number W-2012-00112.
Sincerely,
MMichae ruml
Manager, Compliance Assurance Section
Division of Public Water Supplies
Bureau of Water
Attachments
cc: Kyla B. Jacobsen
Kevin D. Wong
BOW ID:W0894380004
4302 R Main St,Roddnrd,IL 61 103(815)987-7760 9511 Harrison St.,Des Plaines;IL 600116(8.47)294-4000
595 S.State,Elgin,IL 60123{847)608.3131 5407ts University.St,'Arb'ar_113'Peoria,IL 61614(309)693-5462
2125 S.First St.,.CFaiii ign,IL 61820:(217)278-5800 2309 W.Moin'_St.,Suitell6;'Mario
n;JL 62959(618)993-7200
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