throbber
1:20-cv-01444-JES-JEH # 1 Page 1 of 64
`E-FILED
` Wednesday, 23 December, 2020 08:30:16 AM
` Clerk, U.S. District Court, ILCD
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF ILLINOIS
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`UNITED STATES OF AMERICA, and
`THE STATE OF ILLINOIS,
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`Plaintiffs,
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`v.
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`THE CITY OF PEORIA, ILLINOIS,
`and
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`THE GREATER PEORIA SANITARY
`AND SEWAGE DISPOSAL DISTRICT,
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`Defendants.
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`____________________________________
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`) Case No. ________________________
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`COMPLAINT
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`The United States of America (“United States”), by authority of the Attorney General of
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`the United States and through the undersigned attorneys, acting on behalf of the Administrator of
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`the United States Environmental Protection Agency (“EPA”), and the State of Illinois (“State” or
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`“Illinois”), by and through Lisa Madigan, Attorney General of the State of Illinois, on behalf of
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`the People of the State of Illinois on her own motion and upon the request of the Illinois
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`Environmental Protection Agency (“Illinois EPA”), file this Complaint, and allege as follows:
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`NATURE OF ACTION
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`1.
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`This is a civil action brought by the United States and the State against the City of
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`Peoria, Illinois (“Peoria”) and the Greater Peoria Sanitary and Sewage Disposal District
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`(“GPSSD”) (collectively, “Defendants”), for permanent injunctive relief and assessment of civil
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`penalties regarding the operation of a wastewater treatment plant, combined sewage (raw
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`sewage, stormwater, and other wastewater) collection and conveyance system, and separate
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`1
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`sewage collection and conveyance system. The United States and the State allege that
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`Defendants discharged, and continue to discharge, pollutants to the waters of the United States in
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`violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a), and/or that Defendants violated
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`conditions established in the National Pollutant Discharge Elimination System (“NPDES”)
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`permits issued to them by Illinois EPA in violation of the Act, including the requirement to
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`develop a Long Term Control Plan (“LTCP”) as mandated by EPA’s Combined Sewer Overflow
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`(“CSO”) Control Policy. Through this action, the Plaintiffs seek to prevent illegal discharges
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`from both the combined and separate sewer systems to the Illinois River and Peoria Lake, as well
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`as onto public and private property. The Plaintiffs also seek to remedy violations by Defendants
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`of their respective NPDES permits. This case is brought under Section 309(b) and (d) of the
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`Clean Water Act (“CWA”), 33 U.S.C. §§ 1319 (b) and (d), and Section 42(d) and (e) of the
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`Illinois Environmental Protection Act, 415 ILCS 5/42(d) and (e).
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`JURISDICTION AND VENUE
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`This Court has jurisdiction over the subject matter of this action pursuant to
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`2.
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`Sections 309(b) of the CWA, 33 U.S.C. §§ 1319(b), and 28 U.S.C. §§ 1331, 1345, and 1355.
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`3.
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`This Court has supplemental jurisdiction over the State law claims alleged herein
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`pursuant to 28 U.S.C. § 1367(a) because the State claims under the Illinois Environmental
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`Protection Act, 415 ILCS 5/1 et seq., are related to the federal claims and form part of the same
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`case or controversy.
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`4.
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`Venue is proper in the Central District of Illinois pursuant to Section 309(b) of the
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`CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1391(b) and 1397, because the Defendants are
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`located in this judicial district and the causes of action alleged in this Complaint arose in this
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`district.
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`5.
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`As a signatory to this Complaint, the State of Illinois has actual notice of the
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`commencement of this action pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b).
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`6.
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`Authority to bring this civil action is vested in the Attorney General of the United
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`States pursuant to Section 506 of the CWA, 33 U.S.C. § 1366, and 28 U.S.C. §§ 516 and 519.
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`7.
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`Plaintiff State is acting through the Illinois Attorney General on her own motion
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`and at the request of the Illinois EPA. Authority to bring this action is vested in the Illinois
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`Attorney General by Section 4 of the Illinois Attorney General Act, 15 ILCS 205/4, and Section
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`42(d) and (e) of the Illinois Environmental Protection Act, 415 ILCS 5/42(d) and (e).
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`DEFENDANTS
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`8.
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`Peoria is a political subdivision of the State of Illinois located in Peoria County,
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`Illinois. Peoria owns and has authority and control over combined and separate sanitary sewer
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`systems, which collect wastewater from residential, commercial, and industrial sources within
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`Peoria and transports it to the WWTP for treatment.
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`9.
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`Peoria is a “municipality” and a “person” within the meaning of Section 502(4)
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`and (5) of the CWA, 33. U.S.C. § 1362(4) and (5).
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`10.
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`GPSSD is a municipal corporation created pursuant to a special election in 1927
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`under the Sanitary District Act of 1917, 70 Ill. Comp. Stat. Ann. 2405/1. GPSSD owns and
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`operates a Waste Water Treatment Plant (“WWTP”), located in Peoria County, at 2322 South
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`Darst Street, Peoria, Illinois, and a separate sanitary sewer collection system for Peoria’s
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`surrounding communities. GPSSD also owns and operates the Riverfront Interceptor, which
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`transports combined wastewater from Peoria to the WWTP. GPSSD jointly operates Peoria’s
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`combined and separate sanitary sewer systems.
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`11.
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`GPSSD is a “municipality” and a “person” within the meaning of Section 502(4)
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`and (5) of the CWA, 33 U.S.C. § 1362(4) and (5).
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`LEGAL BACKGROUND
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`Federal Clean Water Act
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`12.
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`The purpose of the CWA is to “restore and maintain the chemical, physical, and
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`biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a). The CWA established a
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`national goal to eliminate the discharge of pollutants to navigable waters. 33 U.S.C. §
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`1251(a)(1).
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`13.
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`Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the “discharge of any
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`pollutant” by any person to navigable waters of the United States except as authorized by an
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`NPDES permit issued by EPA or an authorized State pursuant to Section 402 of the CWA, 33
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`U.S.C. § 1342.
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`14.
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`Section 502(12) of the CWA, 33 U.S.C. § 1362(12), defines “discharge of a
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`pollutant” to include “any addition of any pollutant to navigable waters from any point source.”
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`15.
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`Section 502(6) of the CWA, 33 U.S.C. § 1362(6), includes “sewage” in the
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`definition of the term “pollutant.”
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`16.
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`Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines “navigable waters” to
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`be “the waters of the United States, including the territorial seas.”
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`17.
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`In turn, “waters of the United States” has been defined to include, inter alia, all
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`waters which are currently used, were used in the past, or may be susceptible to use in interstate
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`or foreign commerce; and tributaries to such waters. 40 C.F.R. § 122.2 (1993).
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`18.
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`Section 502(14) of the CWA, 33 U.S.C. § 1362(14), defines the term “point
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`source” as “any discernible, confined and discrete conveyance, including but not limited to any
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`pipe, ditch, channel, tunnel, conduit…from which pollutants are or may be discharged.”
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`19.
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`Section 402(a) of the CWA, 33 U.S.C. § 1342(a), provides that the permit issuing
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`authority, EPA or an authorized state, may issue a NPDES permit which authorizes the discharge
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`of any pollutant to navigable waters, but only in compliance with the applicable requirements of
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`Section 301 of the CWA, 33 U.S.C. § 1311, and such other conditions as the Administrator
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`determines are necessary to carry out the provisions of the CWA and are set forth in such permit.
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`20.
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`Section 402(b) of the CWA, 33 U.S.C. § 1342(b), provides that EPA may
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`authorize a state to administer the NPDES program and issue NPDES permits within its
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`jurisdiction. At all times relevant to this complaint, EPA has authorized the Illinois EPA to
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`administer the NPDES program for regulating discharges of pollutants to navigable waters
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`within its jurisdiction.
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`21.
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` EPA retains concurrent enforcement authority pursuant to Section 402(i) of the
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`CWA, 33 U.S.C. § 1342(i).
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`State Law
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`22.
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`Section 12(a) of the Illinois Environmental Protection Act, 415 ILCS 5/12(a),
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`prohibits any person from causing, threatening, or allowing the discharge of any contaminant so
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`as to cause or tend to cause water pollution in Illinois or so as to violate regulations or standards
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`adopted by the Illinois Pollution Control Board under the Illinois Environmental Protection Act.
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`23.
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`Section 12(f) of the Illinois Environmental Protection Act, 415 ILCS 5/12(f),
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`prohibits the discharge of any contaminant into waters of the State without an NPDES permit for
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`point source discharges issued by the Illinois EPA, or in violation of any term or condition
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`imposed by such NPDES permit.
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`24.
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`Section 3.165 of the Illinois Environmental Protection Act, 415 ILCS 5/2.165,
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`provides that “Contaminant” is any solid or gaseous matter, any odor, or any form of energy,
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`from whatever source. Section 3.550 of the Illinois Environmental Protection Act, 415 ILCS
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`5/3.550, provides that “Waters” means all accumulations of water, surface and underground,
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`natural and artificial, public and private, or parts thereof, which are wholly or partially within,
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`flow through, or border upon Illinois.
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`25.
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`Section 3.545 of the Illinois Environmental Protection Act, 415 ILCS 5/3.545,
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`provides that “Water pollution” is such alteration of the physical, thermal, chemical, biological,
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`or radioactive properties of any waters of the State, or such discharge of any contaminant into
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`any waters of the State, as will or is likely to create a nuisance or render such waters harmful or
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`detrimental or injurious to public health, safety, or welfare, or to domestic, commercial,
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`industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds,
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`fish, or other aquatic life.
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`26.
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`Section 309.102(a) of the Illinois Pollution Control Board Water Pollution
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`Regulations, 35 Ill. Adm. Code 309.102(a), provides that, “Except as in compliance with the
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`provisions of the (Illinois Environmental Protection) Act, (Illinois Pollution Control) Board
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`regulations, and the CWA, and the provisions and conditions of the NPDES permit issued to the
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`discharger, the discharge of any contaminant or pollutant by any person into the waters of the
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`State from a point source or into a well shall be unlawful.”
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`Federal and State Enforcement Provisions
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`27.
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`Section 309(b) of the CWA, 33 U.S.C. § 1319(b), authorizes the Administrator to
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`commence a civil action for appropriate relief, including a permanent or temporary injunction,
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`when a person is in violation of, inter alia, Section 301 of the CWA, 33 U.S.C. § 1311, or any
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`permit condition or limitation in an NPDES permit issued pursuant to Section 402 of the CWA,
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`33 U.S.C. § 1342.
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`28.
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`Section 309(d) of the CWA, 33 U.S.C. § 1319(d), provides that any person who
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`violates Section 301 of the CWA, 33 U.S.C. § 1311, or violates any condition or limitation in a
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`permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342, shall be subject to a civil
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`penalty of up to $25,000 per day for each violation occurring before January 30, 1997. Under
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`the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection
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`Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act
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`Improvements Act of 2015, 28 U.S.C. § 2461 note: Pub. Law No. 114-74, § 701, 129 Stat. 39
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`(2015), CWA statutory penalties have been adjusted for inflation through 40 C.F.R. § 19.4. As
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`adjusted for inflation pursuant to statute, the relevant maximum civil penalties under Section
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`309(d) of the CWA are:
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` $32,500 per day per violation for violations occurring from March 16, 2004 through
`January 12, 2009;
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` $37,500 per day per violation for violations occurring from January 13, 2009 through
`November 2, 2015;
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` $55,800 per day per violation for violations that occurred on or after November 3, 2015.
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`29.
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`Section 42 of the Illinois Environmental Protection Act, 415 ILCS 5/42, provides
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`that any person who violates the Illinois Environmental Protection Act is liable for a civil penalty
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`of $50,000 for each violation of the Act, and an additional civil penalty of up to $10,000 for each
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`day of violation.
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`30.
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`Section 42(b)(1) of the Illinois Environmental Protection Act, 415 ILCS
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`5/42(b)(1), provides that any person that violates Section 12(f) of the Illinois Environmental
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`Protection Act, any NPDES permit or term or condition thereof, or any filing requirement,
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`regulation, or order relating to the NPDES permit program shall be liable for a civil penalty of
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`not to exceed $10,000 per day of violation.
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`31.
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`Section 42(d) and (e) of the Illinois Environmental Protection Act, 415 ILCS
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`5/42(d) and (e), authorizes the Illinois Attorney General to commence a civil action to recover
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`penalties and to restrain violations of the Illinois Environmental Protection Act, any rule or
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`regulation adopted under the Illinois Environmental Protection Act, or any permit or term or
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`condition of a permit, or to require such other actions as may be necessary to address violations
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`of the Illinois Environmental Protection Act, regulation adopted thereunder, or any permit or
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`term or condition of a permit.
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`Regulation of Sewage Overflows
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`32.
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`Section 402(q) of the CWA, 33 U.S.C. § 1342(q), provides that each permit,
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`order, or decree issued after December 21, 2000, for discharges from a municipal combined
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`sewer system shall conform to EPA’s Combined Sewer Overflow Control Policy (“CSO
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`Policy”), 59 Fed. Reg. 18,688 (Apr. 19, 1994).
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`33.
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`The CSO Policy requires permittees with CSOs to implement the Nine Minimum
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`Controls (“NMCs”), which are technology-based actions designed to reduce CSOs and their
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`effects on receiving water quality. Id. at 18,691.
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`34.
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`The CSO Policy also requires permittees to develop Long-Term Control Plans
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`(“LTCPs”) for controlling CSOs, designed to achieve compliance with state water quality
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`standards. Id. at 18,691.
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`35.
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`The CSO Policy expects a permittee’s Long Term Control Plan to give the highest
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`priority to controlling overflows to sensitive areas. Id. at 18,692. For such areas, the plan should
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`eliminate or relocate overflows that discharge to sensitive areas wherever physically possible and
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`economically achievable. Id. Sensitive areas are determined by the NDPES authority and may
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`include, inter alia, waters with primary contact recreation. Id.
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`GENERAL ALLEGATIONS
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`36.
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`At all times relevant to this Complaint, Peoria has owned and operated a
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`combined sewer system and associated collection systems which receive and convey wastewater
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`and storm water runoff to GPSSD’s WWTP. Peoria’s combined sewer system includes 16
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`permitted Combined Sewer Overflow (“CSO”) outfalls that discharge to either Peoria Lake or
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`the Illinois River. Peoria’s combined sewer system consists of sewers, tanks, and other
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`wastewater conveyance and treatment equipment which collect and convey both sanitary sewage
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`and storm water. Peoria also has a separate sewer system, operated by GPSSD, which collects
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`and conveys sanitary sewage to the WWTP.
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`37.
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`Peoria is responsible for the operation and management of the wastewater
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`collection, treatment, discharge, and disposal facilities that serve over 45,000 households,
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`112,600 people, and 2,900 square acres in the Peoria area, consisting of over 82 miles of separate
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`sewers and about 123 miles of combined sewers. Peoria has contracted the operation of its
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`wastewater collection systems and facilities to GPSSD.
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`38.
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`The Peoria wastewater system collects wastewater from residential, commercial,
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`and industrial sources for the purpose of transporting that wastewater for treatment to the WWTP
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`owned and operated by GPSSD.
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`39.
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`GPSSD’s Riverfront Interceptor conveys wastewater from Peoria’s combined and
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`separate sanitary sewer systems to the WWTP and has a maximum flow capacity of 80 million
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`gallons per day. During certain conditions, including wet weather events, the total flow can
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`exceed the Riverfront Interceptor’s capacity, which results in discharges through CSO outfalls to
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`the Illinois River or Peoria Lake.
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`40.
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`At three of its sixteen permitted CSO outfalls, Peoria uses swirl concentrators to
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`remove floatables from combined sewer wastewater which discharges to the Illinois River. The
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`remaining thirteen CSO outfalls identified in Peoria’s NPDES permit are not equipped with
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`devices or have deficient devices to remove floatables from the discharges.
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`41.
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`Pursuant to a 1990 Agreement, GPSSD and Peoria agreed to jointly improve
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`upon, maintain, and operate Peoria’s separate and combined sewer systems. At all times relevant
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`to this Complaint, GPSSD shared in the responsibilities of Peoria set forth in Paragraph 37
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`above.
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`42.
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`GPSSD’s WWTP treats wastewater from both the combined and separate sewer
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`systems of Peoria and discharges wastewater to the Illinois River directly or indirectly through
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`tributaries. GPSSD also owns and operates a separate sanitary sewer collection system for a
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`number of surrounding communities near Peoria, with the sewage treated by the WWTP.
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`43.
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`GPSSD owns and operates a system of regulator structures that receive
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`wastewater flows from Peoria’s combined sewer system. GPSSD’s regulators either divert the
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`wastewater through the Riverfront Interceptor to the WWTP or divert the wastewater through
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`one or more CSO outfalls to the Illinois River and Peoria Lake.
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`44.
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`In a letter dated November 26, 2008, EPA and the Illinois EPA determined that all
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`of Peoria’s CSO outfalls discharged to a “sensitive area,” as used in the CSO Policy. This
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`determination was based on the existence of primary contact recreation in the entire area of the
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`Illinois River and Peoria Lake receiving discharges from Peoria’s CSO outfalls.
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`45.
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`Untreated sewage can carry bacteria, viruses, parasitic organisms, intestinal
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`worms, and boroughs (inhalable molds and fungi). The diseases these may cause range in
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`severity from mild stomach cramps and diarrhea to life-threatening ailments such as cholera,
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`dysentery, infectious hepatitis, and severe gastroenteritis. Groups facing greater risks include
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`children, the elderly, immuno-compromised individuals, and pregnant women.
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`Peoria’s 2006 Permit
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`46.
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`On or about May 11, 2006, Illinois EPA, under the authority of Section 402 of the
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`CWA, 33 U.S.C. § 1342, Section 39(b) of the Illinois Environmental Protection Act, 415 ILCS
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`5/39(b), and 35 Ill. Adm. Code 309.101 et seq., re-issued NPDES Permit No. IL0037800 (the
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`“2006 Peoria Permit”) to Peoria. The Permit became effective on June 1, 2006 and was set to
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`expire on May 31, 2011. Peoria submitted an application to Illinois EPA for a renewal permit on
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`December 1, 2010, which resulted in an administrative extension. The 2006 Peoria Permit
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`remains in effect.
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`47.
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`The 2006 Peoria Permit authorizes Peoria to discharge pollutants from 16 CSO
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`outfalls identified in the Peoria Permit, subject to certain limitations and conditions. The CSO
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`outfalls are identified as Discharge Nos. 001, 003, A06, B06, A07, 008, 009, 010, 011, 013, 014,
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`016, 017, 018, 019, and 020.
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`48.
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`Paragraph 3 of Special Condition 6 in the 2006 Peoria Permit requires that all
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`CSO discharges authorized by the Permit be treated to the extent necessary to prevent offensive
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`conditions such as sludge deposits, floating debris, and solids in accordance with 35 Ill. Adm.
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`Code 302.203 and to prevent depression of oxygen levels.
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`49.
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`Paragraph 6 of Special Condition 6 of the 2006 Peoria Permit requires, among
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`other things: (1) Proper operation and maintenance programs for the sewer system and the CSOs;
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`(2) Maximum use of the collection system for storage; (3) Maximization of flow to the WWTP
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`for treatment; (4) Control of solids and floatable material in CSO discharges; (5) Public
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`notification regarding CSO occurrences and impacts; and (6) Monitoring to characterize the
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`impacts and efficiency of CSO controls.
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`50.
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`Pursuant to Paragraphs 1 and 10.a of Special Condition 6 in the 2006 Peoria
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`Permit, discharges from the CSOs may not cause or contribute to violations of applicable water
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`quality standards or cause use impairment in the receiving waters. Furthermore, Paragraph 10.a
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`of Special Condition 6 requires that discharges from CSOs must comply with all applicable parts
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`of 35 Ill. Adm. Code 306.305, governing treatment of overflows.
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`51.
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`Paragraph 10.b of Special Condition 6 in the 2006 Peoria Permit requires that
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`Peoria develop an LTCP to assure that discharges from the CSOs comply with Paragraph 10.a of
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`Special Condition 6. The LTCP must include a schedule for implementation and provision for
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`re-evaluating compliance with applicable standards after implementation.
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`GPSSD’s 2010 Permit
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`52.
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`On or about August 20, 2010, the Illinois EPA, under the authority of Section 402
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`of the CWA, 33 U.S.C. § 1342, issued NPDES Permit No. IL0021288 (the “GPSSD Permit”) to
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`GPSSD. The Permit became effective on September 1, 2010, and was set to expire on August 31,
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`2015. GPSSD submitted an application to Illinois EPA for a renewal permit on February 23,
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`2015, which resulted in an administrative extension. The GPSSD permit remains in effect.
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`53.
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`The GPSSD Permit authorizes GPSSD to discharge pollutants from six outfalls
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`identified in the GPSSD Permit, subject to certain limitations and conditions. The six outfalls are
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`identified as Discharge Nos. 001, 003, A01, 004, 005, and 006.
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`54.
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`The GPSSD Permit sets a maximum effluent limitation for Total Suspended
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`Solids (“TSS”) and Biological Oxygen Demand (“BOD”) of 30 mg/L as a monthly average at
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`outfalls identified as Discharge Nos. 005 and 006.
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`55.
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`The GPSSD Permit sets a maximum effluent limitation for fecal coliform of 400
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`fecal coliforms per 100 mL as a daily maximum at outfalls identified as Discharge Nos. 005 and
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`006.
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`56.
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`The GPSSD Permit sets a maximum effluent limitation for chlorine residual of
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`0.15 mg/L as a monthly average and 0.75 mg/L as a daily maximum at the outfall identified as
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`No. 001 STP.
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`57.
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`The GPSSD Permit sets a maximum effluent limitation for fecal coliform of 400
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`fecal coliforms per 100 mL as a daily maximum from May to October at the outfall identified as
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`No. 001 STP.
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`58.
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`Special Condition 22 of the GPSSD Permit requires that GPSSD “work towards
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`the goal of achieving no discharges from sanitary sewer overflows or basement backups and
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`ensuring that overflows or backups, when they do occur, do not cause or contribute to violations
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`of applicable standards or cause impairment in any adjacent water.” Special Condition 22
`
`further states that GPSSD shall accomplish these goals by developing and submitting to Illinois
`
`EPA a Capacity, Management, Operations, and Maintenance plan within twelve months of the
`
`effective date of the GPSSD Permit and that GPSSD may be required to construct additional
`
`sewage transport and/or treatment facilities in future permits or enforceable documents.
`
`
`
`13
`
`

`

`1:20-cv-01444-JES-JEH # 1 Page 14 of 64
`
`FIRST CLAIM FOR RELIEF (Against Peoria and GPSSD)
`(Illegal CSO Discharges)
`
`The allegations of Paragraphs 1 through 58 are realleged and incorporated herein
`
`59.
`
`by reference.
`
`60.
`
`At various times relevant to the Complaint, Peoria caused discharges from CSO
`
`locations identified in Special Condition 6 of the 2006 Peoria Permit, that
`
` violated applicable water quality standards in violation of Paragraph 1 of Special
`Condition 6 of the 2006 Peoria Permit;
`
` contained offensive conditions—sludge deposits, floating debris, visible oil, plant or algal
`growth, or color or turbidity of other than natural origin—in violation of Paragraph 3 of
`Special Condition 6 of the 2006 Peoria Permit; and/or
`
` violated the prohibition on dry weather CSOs in Paragraph 4 of Special Condition 6 of
`the 2006 Peoria Permit.
`
`61.
`
`At various times relevant to the Complaint, GPSSD caused discharges from CSO
`
`locations identified in Special Condition 6 of the 2006 Peoria Permit in violation of that permit
`
`and/or Section 301(a) of the CWA, 33 U.S.C. § 1311(a). These CSO discharges are discharges of
`
`“pollutants” within the meaning of Section 502(6) and (12) of the CWA, 33 U.S.C. § 1362(6)
`
`and (12), and of “contaminants” within the meaning of Section 3.165 of the Illinois
`
`Environmental Protection Act, 415 ILCS 5/3.165, from “point sources” within the meaning of
`
`Section 502(14) of the CWA, 33 U.S.C. § 1362(14), to the Illinois River and Peoria Lake
`
`directly or indirectly through their tributaries.
`
`62.
`
`The Illinois River and Peoria Lake are “navigable waters” within the meaning of
`
`Section 502(7) of the CWA, 33 U.S.C. § 1362(7), and are “waters” within the meaning of
`
`Section 3.550 of the Illinois Environmental Protection Act, 415 ILCS 5/3.550.
`
`63.
`
`The dates and locations of the CSO discharges described in Paragraphs 60 and 61
`
`are set forth in the accompanying chart attached as Exhibit A which is incorporated herein.
`
`
`
`14
`
`

`

`1:20-cv-01444-JES-JEH # 1 Page 15 of 64
`
`64.
`
`Each of the CSO discharges set forth in Exhibit A violated the terms and
`
`conditions of Peoria’s Permit and/or constitutes a separate violation of Section 301(a) of the
`
`CWA, 33 U.S.C. § 1311(a), for each day of each discharge from each location. Section 309(b)
`
`and (d) of the CWA, 33 U.S.C. § 1319(b) and (d), provide that any person who violates Section
`
`301 or any condition in a permit issued under Section 402, 33 U.S.C. § 1342, shall be subject to
`
`injunctive relief and a civil penalty.
`
`65.
`
`Each of the CSO discharges set forth in Exhibit A also violates Section 12(a)
`
`and/or 12(f) of the Illinois Environmental Protection Act, 415 ILCS 5/12(a) and (f), and Section
`
`309.102(a) of the Illinois Pollution Control Board Water Pollution Regulations, 35 Ill. Adm.
`
`Code 309.102(a), which prohibits entities from allowing discharges of contaminants so as to
`
`cause water pollution or violating permit terms. Section 42(d) and (e) of the Illinois
`
`Environmental Protection Act, 415 ILCS 5/42 (d) and (e), provide that any person who violates
`
`the Illinois Environmental Protection Act shall be subject to injunctive relief and a civil penalty.
`
`66.
`
`Unless enjoined by an order of the Court, Peoria and GPSSD will continue to
`
`discharge pollutants from the combined sewer outfalls in violation of the 2006 Peoria Permit,
`
`Section 301(a) of the CWA, 33 U.S.C. § 1311(a), and State law.
`
`67.
`
`For each violation under this claim, Peoria and GPSSD are subject to injunctive
`
`relief, as well as civil penalties to the United States and the State in the amounts set forth in
`
`Paragraphs 28-30 above.
`
`
`
`15
`
`

`

`1:20-cv-01444-JES-JEH # 1 Page 16 of 64
`
`SECOND CLAIM FOR RELIEF (Against Peoria)
`(Failure to Develop a Long Term Control Plan)
`
`The allegations of Paragraphs 1 through 58 are realleged and incorporated herein
`
`68.
`
`by reference.
`
`69.
`
`From at least December 1, 2008, until present, Peoria failed to develop an LTCP
`
`that conforms with Paragraph 10 of Special Condition 6 in the 2006 Peoria Permit.
`
`70.
`
`Each day of failure of Peoria to submit a conforming LTCP constitutes a separate
`
`day of violation of Peoria’s 2006 Permit.
`
`71.
`
`By failing to submit a conforming LTCP, Peoria has violated and, unless enjoined
`
`by the Court, will continue to violate Peoria’s 2006 Permit, the Act, and 415 ILCS 5/12(f).
`
`72.
`
`For this claim, Peoria is subject to injunctive relief, as well as civil penalties in the
`
`amounts set forth in Paragraphs 28-30 above.
`
`THIRD CLAIM FOR RELIEF (Against Peoria)
`(Failure to Implement Nine Minimum Controls)
`
`The allegations of Paragraphs 1 through 58 are realleged and incorporated herein
`
`73.
`
`by reference.
`
`Failure to Institute Proper Operation and Maintenance Programs
`
`74.
`
`From at least June 1, 2006, through the present, Peoria failed to implement an
`
`operation and maintenance plan that satisfies the requirements of the CSO Policy.
`
`75.
`
`On each occasion that Peoria failed to implement an appropriate operation and
`
`maintenance plan, Peoria violated Paragraph 6.a of Special Condition 6 in the 2006 Peoria
`
`Permit.
`
`
`
`16
`
`

`

`1:20-cv-01444-JES-JEH # 1 Page 17 of 64
`
`Failure to Maximize Storage in Collection System
`
`76.
`
`From at least June 1, 2006, through the present, Peoria failed to maximize storage
`
`within the collection system in order to minimize CSO discharges.
`
`77.
`
`On each occasion that Peoria failed to maximize storage within the collection
`
`system, Peoria violated Paragraph 6.b of Special Condition 6 in the 2006 Peoria Permit.
`
`Failure to Maximize Flow to the WWTP
`
`78.
`
`From at least June 1, 2006, through the present, Peoria failed to maximize flow
`
`from the combined sewer system to the WWTP for treatment.
`
`79.
`
`On each occasion that Peoria failed to maximize flow from the combined sewer
`
`system to the WWTP, Peoria violated Paragraph 6.d of Special Condition 6 in the 2006 Peoria
`
`Permit.
`
`Control of Solids and Floatables in CSOs
`
`80.
`
`From at least June 1, 2006, through the present, Peoria failed to control solids
`
`and/or floatables in CSOs from the following outfalls identified in the 2006 Peoria Permit:
`
`Discharge Nos. 001, 003, A06, B06, A07, 008, 009, 010, 011, 013, 014, 016, 017, 018, 019, and
`
`020.
`
`81.
`
`On each occasion that Peoria failed to control solids and floatables in CSOs at the
`
`outfalls identified in Paragraph 80, Peoria violated Paragraph 6.f of Special Condition 6 in the
`
`2006 Peoria Permit.
`
`Failure to Provide Public Notification of CSO Occurrences and CSO Impacts
`
`82.
`
`On various dates between June 1, 2006, and the present, Peoria failed to provide
`
`public notification sufficient to ensure that citizens receive adequate information regarding CSO
`
`occurrences and CSO impacts at various permitted CSO outfalls.
`
`
`
`17
`
`

`

`1:20-cv-01444-JES-JEH # 1 Page 18 of 64
`
`83.
`
`On each occasion that Peoria failed to provide public notification of CSO
`
`occurrences and CSO impacts at an outfall, Peoria violated Paragraph 6.h of Special Condition 6
`
`in the 2006 Peoria Permit.
`
`Failure to Monitor to Characterize Impacts and Efficiency of CSO Controls
`
`84.
`
`From at least June 1, 2006, through the present, Peoria failed to implement
`
`monitoring to characterize the impacts and efficiency of CSO Controls.
`
`85.
`
`On each occasion that Peoria failed to implement monitoring to characterize the
`
`impacts and efficiency of CSO Controls, Peoria violated Paragraph 6.i of Special Condition 6 in
`
`the 2006 Peoria Permit.
`
`Summary of Nine Minimum Controls Violations
`
`86.
`
`Each of the violations alleged in Paragraphs 74, 76, 78, 80, 82, and 84 constitute a
`
`separate violation of the 2006 Peoria Permit.
`
`87.
`
`Unless enjoined by an order of the Court, Peoria will continue to fail to
`
`implement the Nine Minimum Controls in violation of the 2006 Peoria Permit, the Act, and 415
`
`ILCS 5/12(f).
`
`88.
`
`For each violation under this claim, Peoria is subject to injunctive relief, as well
`
`as civil penalties in the amounts set forth in Paragraphs 28-30 above.
`
`FOURTH CLAIM FOR RELIEF (Against GPSSD)
`(Illegal SSO Discharges)
`
`The allegations of Paragraphs 1 through 58 are realleged and incorporated herein
`
`89.
`
`by reference.
`
`90.
`
`At various times relevant to this Complaint, during both wet and dry weather,
`
`GPSSD has discharged untreated sewage from point sources in its sanitary sewer system,
`
`including manholes and basement backup

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