Title
Joint resolution providing for acceptance and approval of a Consent Order, with the Illinois Attorney General and Illinois EPA, relating to the Hawthorn Woods-Glennshire Water Supply System ("HWG WS") and settling the pending lawsuit entitled People ex rel. Madigan v. County of Lake and Village of Hawthorn Woods, 06 CH 2569.
Staff Summary
· The County entered into a 1975 Agreement for Water Supply and Operation (1975 Agreement) with the Village of Hawthorn Woods ("Village") to take over operation and ownership of a water supply system known as the Hawthorn Woods-Glennshire water system.
· The Illinois Attorney General filed an IEPA enforcement lawsuit against the County and Village which seeks inter alia a court order mandating the replacement of the HWG WS with a public water system built to IEPA standards.
· A new Bulk Water Agreement was approved by the Village on April 20, 2009 and by the County on May 12, 2009, in which all local approvals required for construction of a new, replacement, Code-compliant HWG WS has been obtained and the IEPA has issued a construction permit for this replacement system.
· Representatives of the Attorney General and representatives of the County have negotiated terms of a Consent Order, which includes a timeline for the construction and placing in operation of a new, replacement, Code-compliant HWG WS, and a monetary fine, and which Consent Order would settle all claims involved in the People ex rel. Madigan lawsuit.
· The Director of Public Works and the Lake County States Attorney's office recommend acceptance and approval of the County entering into the Consent Order.
· This resolution authorizes the Lake County State's Attorney, either Special Assistant State's Attorney James C. Bakk, or Assistant State's Attorney Daniel L. Jasica, or both, to execute the subject Consent Order on behalf of the County.
Body
WHEREAS, the County of Lake (“County”) entered into a 1975 Agreement for Water Supply and Operation (“1975 Ag...
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