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IL EPA-Violation Notice-Vienna Correctional Center

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 • (217) 782-3397
JB PRlnKER, GOVERNOR
JOHN J. KIM, DIRECTOR

21 7/785-0561
December 13, 2022
CERTIFIED MAIL# 7011 1150 000108571873
RETURN RECEIPT REQUESTED
Vienna Correctional Center
c/o Chalen Tatum
6695 State Hwy 146e
Vienna, IL 62995

Re:

Violation Notice: VIENNA CORRECTIONAL CENTER
Facility No.: IL0875510
Violation Notice No.: W-2022-00070

Dear Mr. Tatum:
This constitutes a Violation Notice pursuant to Section 31 ( a)(l) of the Illinois Environmental
Protection Act ("Act"), 415 ILCS 5/31 (a)( 1), and is based upon a review of available information and
an investigation by representatives of the Illinois Environmental Protection Agency (" Illinois EPA").
The Illinois EPA hereby provides notice of alleged violations of environmental laws, regulations, or
permits as set forth in Attachment A to this notice. Attachment A includes an explanation of the
activities that the Illinois EPA believes may resolve the specified alleged violations, including an
estimate of a reasonable time period to complete the necessary activities. Due to the nature and
seriousness of the alleged violations, please be advised that resolution of the violations may also
require the involvement of a prosecutorial authority for purposes that may include, among others, the
imposition of statutory penalties.
A written response, which may include a request for a meeting with representatives of the Illinois
EPA, must be submitted yia certified mail to the Illinois EPA within 45 days of receipt of this letter.
If a meeting is requested, it shall be held within 60 days of receipt of this notice. The response must
include information in rebuttal, explanation, or justification of each alleged violation and a statement
indicating whether or not the facility wishes to enter into a Compliance Commitment Agreement
("CCA") pursuant to Section 31 (a) of the Act. If the facility wishes to enter into a CCA, the written
response must also include proposed terms for the CCA that includes dates for achieving each
commitment and may include a statement that compliance has been achieved for some or all of the
alleged violations. The proposed terms of the CCA should contain sufficient detail and must include
steps to be taken to achieve compliance and the necessary dates by which compliance will be
achieved.

2125 S First Street, Champaign, IL 61820 (217) 278-5800
1101 Eastport Plaza Or., Suite 100, Colhnsv1lle, ll 62234 (618) 346-5120
9511 Harrison Street, Des Plaines, ll 60016 (8471294-4000
595 S. State Street, Elgin, IL 60123 (847) 608-3131

2309 W. Main Street, Suite 116, Marion, IL 62959 (618) 993-7200
412 SW Washington Street, Suite 0, Peoria, ll 61602 {309) 671-3022
4302 N Main Street, Rockford, IL 61103 (815) 987-7760

PLEASE PRINT ON RECYCLED PAPER

Page 2 of2
IL08755 l O VIENNA CORRECTIONAL CENTER
VN W-2022The Illinois EPA wilt review the proposed terms for a CCA provided by the facility and, within 30
days of receipt, will respond with either a proposed CCA or a notice that no CCA will be issued by
the Illinois EPA. If the Illinois EPA sends a proposed CCA, the facility must respond in writing by
either agreeing to and signing the proposed CCA or by notifying the Illinois EPA that the facility
rejects the terms of the proposed CCA.
If a timely written response to this Violation Notice is not provided, it shall be considered a waiver
of the opportunity to respond and meet, and the Illinois EPA may proceed with referral to a
prosecutorial authority.
Written communications should be directed to:
Illinois EPA - Division of Public Water Supplies
Attn: Adam Nutt, CAS #19
P.O. BOX 19276
Springfield, IL 62794-9276

All communications must include reference to this Violation Notice number, W-2022-00070.
Questions regarding this Violation Notice should be directed to Adam Nutt at 217/785-056 l.
Sincerely,

~~

Joey Logan-Pugh
Manager, Compliance Assurance Section
Division of Public Water Supplies
Bureau of Water
Attachments
cc: CHALEN TATUM
DALLAS MAZE
BOW ID: W0878510001

PAGE NO. 1 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:

Questions regarding the violations identified in this attachment should be
referred to Adam Nutt at (217) 785-0561.
A review of information available to the Illinois EPA indicates the following
violations of statutes, regulations, or permits. Included with each type of
violation is an explanation of the activities that the Illinois EPA believes
may resolve the violation including an estimated time period for resolution.

Water Treatment Plant/Distribution Sy stem Maintenance
There are structure/maintenance problems, which threaten the quality of the
drinking water provided to customers.
Violation
Date
06/16/2022

Violation
Description
Delayed and deferred maintenance on critical components of the
treatment plant has resulted in the need of treatment unit
repair. Existing units have deteriorated beyond a maintenance
level and now require immediate repair. The deteriorated state
of the circular clarifier (Accelator) has resulted in an attempt
to temporarily reconstruct it. The temporary reconstruction of
the Accelator is not ptructurally approvable and its treatment
capabilities are hindered in its current state of repair.

Rule/Reg.

Section 18 of the Act 415
601.101 and 604.105.

Violation
Date
06/16/2022

Violation
Description
The failure to maintain paint or other protective coatings on
all water plant and distribution system water storage tanks has
made the facilities vulnerable to potential system contamination
via microbial growth, loss of disinfectant residual, taste and
odor problems 1 and other water quality issues.

Rule/Reg .

Section 18 of the Act 415 ILCS 5/18,
601.101 and 604.1330(a).

ILCS 5/18,

and 35

Ill.

and 35 I ll .

Adm.

Adm.

Code

Code

PAGE NO. 2 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Description
There are numerous leaks in the AquaStore reaction tank at the
Water Treatment Plant that have been improperly repaired. This
tank must have all leaks properly repaired or the tank must be
replaced. The sidewalls of all water storage structures must be
watertight with no openings except properly constructed vents,
manholes, overflow, risers, drains, pump mountings, control
ports, or piping for inflow and outflow.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
601.101 and 604.1325(a).

Violation
Date
06/16/2022

Violation
Description
Modify all water storage facilities with separate inlet and
outlet pipes, mixers, or other acceptable means to avoid
stagnation. Note that poor water circulation and long detention
times can lead to loss of disinfectant residual, microbial
growth, formation of disinfection byproducts, taste and odor
problems, and other water quality problems. Complete water
turnover in all storage tanks should occur at a minimum of every
five days.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
601.101 and 604.1300(f).

Violation
Date
06/16/2022

Violation
Description
The air scour for Filter #2 did not appear to be providing
proper air scouring for the entire filter area. Repairs should
be made to ensure that the entire area of the filter is receiving
proper air scouring.

Rule/Reg.

Section 18 of the Act,
601.101 and 604.605(1).

41 5 ILCS 5/18,

and 35

Ill.

Adm.

and 35 Ill. Adm.

and 35 Ill. Adm.

Code

Code

Code

PAGE NO. 3 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Description
The indicating loss of head gauges and indicating rate of flow
meters for each filter were not operational. Indicating loss of
head
gauges
and
an
operational
meter
indicating
the
instantaneous rate of flow must be provided on each filter.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
601.101 and 604.605(i) (2).

Violation
Date
06/16/2022

Violation
Description
There are no compound pressure gauges on the suction lines and
no standard pressure gauges on the discharge lines of the pumps
at the water treatment plant.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
604 .1225 (c) (1) (A) and (C).

Violation
Date
06/16/2022

Violation
Description
There is no means to measure the amount of water used for
backwashing the filters. An operational rate of flow indicator
on the main wash water line or backwash waste line must be
provided.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
601.101 and 604.605(j) (5).

Violation
Date
06/16/2022

Violation
Description
A piece of rigid foam had been added to the splitter box for
Clarifier #1 and #2 to regulate the flow between the units. A
means of measuring and modifying the flow to each clarifier must
be provided.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
601. 101 and 604. 500 (d) ( 4) .

and 35 Ill. Adm. Code

and 35 Ill. Adm. Code

and 35 Ill. Adm.

and 35 Ill. Adm.

Code

Code

PAGE NO. 4 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Descrip tion
There is a single chemical feed pump for the alum , potassium
permanganate ,
lime ,
caustic ,
ammonium
sulfate ,
and
h ydrofluosilicic acid feed systems . When chemical feed is
nece ssary
for
the
protection
of
the
supply,
such
as
c hlorination , coagulation or other essential processes , a
minimum of two feeders must be provided with each having
a dequ ate capacity to provide the maximum dosage necessary .

Rule/Reg.

Sect ion 18 of the Act , 415 ILCS 5/18 , 35 Ill . Adm . Code 601 . 101
and 604 . 1105 (b) .

Inadequate Materials/Desi gns for Finished Water Storage
The materials and designs used for finished water storage shall provide
stability and durability as well as protect the quality of stored water.
Violation
Date
06/16/2022

Violation
Description
There is ponding of water in the low service pump room , which
'is a lso the roof of the 0 . 067 million gallon (MG} clearwell .
The roof of all storage structures must be well drained.

Rule/Reg.

Section 18 of the Act , 415 ILCS 5/18,
601.101 and 604.1325(e).

and 35 Ill. Adm.

Code

Violation
Date
06/16/2022

Violation
Description
There is ponding of water on the floor of the pump station ,
which is also the roof of the 0.013 million gallon (MG)
clearwell. The roof of all storage structures must be well
drained.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18, and 35 Ill. Adm , Code
601.101 and 604.1325(e).

PAGE NO. 5 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Description
There is a leak observed in the sidewall of the 0.700 MG ground
storage tank. This tank has been leaking for several years. The
roof and sidewalls of all water storage structures must be
watertight with no openings except properly constructed vents,
manholes, overflow, risers, drains, pump mountings, control
ports, or piping for inflow and outflow.

Rule/Reg.

Section 18 of the Act,
601.101 and 604.1325(a)

415 ILCS 5/18,

and 35 Ill.

Adm. Code

Nitrification Action Plan
Any community water supply distributing water without a free chlorine
residual must create a Nitrification Action Plan (NAP).
The NAP must:
a.
Contain a plan for monitoring total ammonia as nitrogen (N) , free
ammonia as N,
nitrite as N, nitrate as N, monochloramine residual,
dichloramine residual, and total chlorine residual.
b.
Contain system specific levels of the chemicals in listed in A when
action must be taken.
c.
Contain specific correction actions to be taken if the levels listed in
Bare exceeded.
d.
Be maintained on site and made available to the Agency upon request.

Violation
Date
06/16/2022

Violation
Description
No Nitrification Action Plan has been created
for the
distribution system. A NAP for the distribution system must be
created.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18 , 35 Ill. Adm. Code 601. 1 0 1
and 604.140.

Violation
Date
06/16/2022

Violation
Description
Raw and finished water meters are no longer operational. Water
production is being estimated due to the failure of these
meters. All pump stations (raw, finished, etc . ) must have flow
rate indicators and totalizer meters.

Rule/Reg.

Section 18 of the Act ,
604.1215(h).

415 ILCS 5/18 ,

and 35 Ill . Adm.

Code

PAGE NO. 6 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Description
The potassium permanganate feed tank, sodium chlorite feed tank,
sodium chlorite storage area, alum feed tank, caustic feed tank,
ammonium sulfate feed tank, hydrofluosilicic acid storage area,
and lime feed tank do not have secondary containment. Separate
containment vessels or protective curbing under or around all
chemical feed and storage tanks, sized to hold the volume of
the largest tank, must be provided.

Rule/Reg.

Section 18 of the Act,
604.1105(j) (7).

Violation
Date
06/16/2022

Violation
Description
Chlorine gas cylinders are stored at the facilty.
There are no
provisions to chemically neutralize chlorine gas in the event
of any measured release. Provisions must be made to chemically
neutralize chlorine gas where feed and/or storage are located
near residential or developed areas in the event of any measured
chlorine release. The equipment must be sized to treat the
entire contents of the largest storage container on site.

Rule/Reg.

Section 18 of the Act 415
604.lllS(c) (11).

Violation
Date
06/16/2022

Violation
Description
There is a single switch for the lights and ventilating fan
outside the chlorine room. Separate switches for the ventilating
fan and lights outside the chlorine room must be provided.

Rule/Reg.

Section 18 of the Act,
604 .1115 (c) (8).

Violation
Date
06/16/2022

Violation
Description
At the time of inspection, · it was noted that the chemical safety
equipment provided for operational staff appeared to have
deteriorated. All community water supplies whose treatment
involves chemical application must have and maintain a chemical
safety plan. Personal protective equipment consistent with that
plan must be provided.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
604.160(a) and 604.lll0(a).

415 ILCS 5/18,

415

ILCS 5/18,

ILCS 5/18,

and 35 Ill. Adm.

and 35

Ill.

Adm.

and 35 Ill. Adm.

and 35 Ill.

Adm.

Code

Code

Code

Code

PAGE NO. 7 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Violation
Date
06/16/2022

Violation
Description
Failure to provide level controls for water storage structure.
Water system operation, monitoring, and recording require the
basic tools of telephones, computers, and internet access. In
order for your operator to monitor the regulatory information
required of your system, these basic operational items at this
time are either nonexistent or operationally inferior. These
tools should be provided and updated. In addition, basic system
monitoring is enhanced if electronic monitoring and controls
(such as a SCADA system) are provided for your operators which
enables on site monitoring of operations and distribution from
one location. Through computers and smart phones, SCADA systems
can
notify multiple
personnel
of system issues
before
emergencies develop.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
Section 604.125(a) and 604.1320(a)

and 35 Ill.

Adm. Code ·

Fluoridation Requirement
All Community Water Supplies that are required to add fluoride to the water
must maintain a fluoride ion concentration, reported as F, of O. 7 mg/ f in
the distribution system.
Violation
Date
06/16/2022

Violation
Description
Fluoride results submitted for analysis between April 1, 2021
and March 31, 2022 ranged from 0.308 rng/L to 0.474 mg/L. The
fluoride content in the finished water must be maintained at
0.7 mg/L.

Rule/Reg.

Section 18 of the Act, 415 ILCS 5/18,
611.125 and 604.1150(a).

and 35 Ill . Adm.

Code

PAGE NO . 8 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Special Exception Permit
'No person shall cause or allow the violation of any condition of a Special
Ex ception Permit issued by the Illinois EPA .
Violation
Date
06/16/2022

Violation
Description
The last known date the turbidimeters were calibrated was
unknown . Turbidimeters must be cleaned and calibrated in
accordance with the Long Term 1 Interim Enhanced Surface Water
Treatment Rule Monitoring Protocol Special Exception Permit
(SEP) issued on December 20 , 2004 .

Rule/Reg.

Section 39(a) of the Act , 415 ILCS 5/39(a) , Section 18 of the
Act , 415 ILCS 5/18 , and 35 Ill. Adm. Code 601.101 and 602.600(b).

Violation
Date
06/16/2022

Violation
Description
The turbidimeters are different than those that were approved
in the most recent Special Exception Permit (SEP), Long Term 1
Interim Enhanced Surface Water Treatment Rule Protocol issued
on December 20 , 2004. Obtain an updated Special Exception Permit
(SEP) , Long Term 1 Interim Enhanced Surface Water Treatment Rule
Protocol.

Rule/Reg.

Section 39(a) of the Act, 415 ILSC 5/39(a), Section 18 of the
Act, 415 ILCS 5/18, and 35 Ill. Adm. Co de 601.101 and 602.600(b).

PAGE NO. 9 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Drinking Water Monthly Opera ting Reports
All public wat er supplies are required to submit reports summarizing daily
operational a ctivities to the Regional Illinois EPA office each month .
Compliance with this is expected within 30 days by submission of the required
reports.

Violation
Date
06/16/2022

Violation
Description
In reviewing Monthly Operating Reports submitted to this Agency,
it was noted that there are no calculated chemical feed dosages
for all chemicals that are fed, and the reports are often
submitted more than 30 days after the end of the month. These
reports must be prepared on an operating report form approved
by the Agency, must be signed by the Responsible Operator in
Charge, and submitted within 30 days of the end of the month.
A copy of the operating report records must be maintained by
the official custodian of the public water supply.

Rule/Reg.

Section 18 of the Act 415 ILCS 5/18,
604.165(a), (c), and (d).

and 35 Ill.

Adm.

Code

Drinking Water Construction Permit
Public Water Supplies (PWSs) are required to obtain construction permits
from Illinois EPA for all construction.
Before any deviations from plans
and specifications approved by the Agency are made, the public water supply
must make a written request for a permit. To meet compliance, the supply is
expected to submit as-built plans and specifications pursuant to 35 Ill .
Adm. Code 602.116.
Violation
Date
06/16/2022

Violation
Description
Failure to obtain a construction permit and failure to use
products and materials certified to comply with NSF/ANSI
Standard 61. Plastic had been wrapped around the center cone to
prevent
the
short
circuiting
of
Clarifier
#3.
These
modifications had been made without plans and specifications
being approved. A construction permit must be obtained prior to
making modifications to any treatment equipment, and materials
must be certified to comply with NSF/ANSI Standard 61.

Rule/Reg.

Section 15 of the Act, 415 ILCS 5/15,
602.l0l(a) and (b), 602.200(a) and (b),

and 35 Ill. Adm.
& 604.l0S(f).

Code

PAGE NO . 10 OF 10
ATTACHMENT A
VIENNA CORRECTIONAL CENTER, IL0875510 VIOLATION NOTICE NO. W-2022-00070:
Drinking Water Emergency Permit
Public Water Supplies (PWSs) are required to obtain " as-constrticted" approval
from Illinois EPA for all changes or additions for wh ich an emergency permit
is issued.
Violation
Date
06/16/2022

Violation
Descrip tion
Failure t o obtain submit as-built plans and specificatio ns
within 60 days of issuance of an emergency permit. Permitting
of the installation of the carbon feed system approved under
Emergency Construction Permit No. FY2021-0738, issued on March
17 , 2021 , has not been completed. Submit As-Built plans and
specifications to complete the permitting process.

Rule/Reg.

Section 15 of the Act,
602. 104 (d) .

415 ILCS 5/15,

and 35 Ill.

Adm.

Code

Emergency Operation Plan
Each community water supply must develop an EOP for the provision of water
during emergency circumstances including earthquakes, floods, tornados, and
other disasters. The EOP must include a review of methods and means by which
alternative supplies of drinking water could be provided in the event of
destruction, impairment, or contamination of the community water supply. The
community water supply must review its emergency operations plan at least
every three years and revise the plan as necessary. The plan must be
maintained on site and made available to the Agency, upon request.

Violation
Date
0 6 /1 6/2022

Violation
Description
At the time of inspection, there was no Emergency Operations
Plan (EOP) available for review.

Rule/Reg.

Section 18 of the Act ,
604.135(d) (1) and (2).

415 ILCS 5/18,

and 35 Ill. Adm.

Code

 

 

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