Chicago – Attorney General Kwame Raoul, Will County State’s Attorney James Glasgow and Illinois Environmental Protection Agency (IEPA) Director John J. Kim today released statements in response to Will County Circuit Court Judge John C. Anderson’s approval of a consent order entered in People of the State of Illinois v. Aqua Illinois Inc. Additional information about the consent order is available on the Attorney General’s website. Attorney General Raoul released the following statement:
“My office, working in collaboration with the Will County State’s Attorney’s office and the Illinois Environmental Protection Agency, filed a lawsuit against Aqua Illinois because all Illinois residents deserve drinking water that meets safety requirements set by Illinois law.
“While the lawsuit was pending, it was absolutely critical that residents had access to safe drinking water. For that reason, we negotiated an agreed interim order requiring Aqua to provide bottled water, faucet filter devices or pitcher filter devices and replacement cartridges to impacted residents. The order also required Aqua to conduct monthly sampling to evaluate compliance with state lead drinking water regulations, to provide free blood-lead level testing for a limited time at customers’ request, and to develop a strategy to prevent lead from leaching into drinking water in the future.
“Aqua asked the court to roll back water sampling requirements in 2020, but we opposed that motion because the community deserved assurance that Aqua could comply with regulations for an extended period. Currently, Aqua’s public water system meets state statutory requirements and has done so consistently for over two years.
“In addition to requiring Aqua to continue to conduct public water system compliance sampling, the consent order entered today goes beyond ensuring compliance with regulatory requirements. Critically, Aqua agrees to provide all eligible residents with opportunities for water testing and, if needed, free kitchen faucet remediation work. Access to reliable drinking water should not depend upon where you live, and my office will continue to work diligently to enforce Illinois’ environmental laws and regulations on behalf of all our state’s residents.
“While we have worked to protect the citizens of University Park throughout this litigation, this matter underscores the critical need for more protections in Illinois and the country. That is why my office has consistently advocated for investments to support lead pipe removal. In 2020, I urged the U.S. EPA to strengthen federal regulations regarding lead in drinking water and increase the funding available to replace lead pipes. More recently, I urged the federal government to adopt stronger regulations that would require all lead pipes to be removed and develop additional funding strategies to do so. It is essential that the U.S. EPA both tighten regulatory requirements and make available critical resources to replace lead pipes in environmental justice communities.”
“The health, safety and welfare of the residents of Will County have always been my number one priority and there is nothing more basic to the welfare of the residents than safe drinking water,” said Will County State’s Attorney James Glasgow. “My staff has worked diligently with the Attorney General’s office and the Illinois EPA to ensure that the residents of University Park have had access to safe drinking water throughout the pendency of this litigation. In addition, our commitment to the residents did not end with the litigation. We worked collaboratively with the Attorney General and the Illinois EPA to make sure that Aqua has ongoing obligations to continue providing safe water and that the residents have the opportunity to benefit from the Technical Assistance Program.”
“The Illinois EPA has worked closely with the Attorney General’s office to ensure the drinking water being provided to the residents of University Park meets state drinking water standards. This work included requiring Aqua Illinois to make necessary changes to its water treatment processes to prevent exceedances of the lead action level in the drinking water. Following extensive testing and scrutiny, Illinois EPA has confirmed the water system has consistently satisfied the regulatory lead action level,” said Illinois EPA Director John J. Kim. “This consent order will ensure residents of University Park continue to receive assistance through a new Technical Assistance Program to address lead-containing kitchen fixtures within homes, a requirement that goes above and beyond applicable state drinking water standards. We remain committed to the residents of University Park to ensure a safe source of drinking water in their homes.”
Background:
The now-final consent order includes parameters for ongoing public water system compliance sampling, making customer-requested sampling available for an additional 180 days, as well as conducting nitrate variability testing. Aqua will also establish and implement a technical assistance program. Residential customers in the customer resources area will receive a notice that includes an offer to participate in the program. Those who sign up to participate prior to the deadline may be eligible to receive free services including sampling, an inspection, corrective actions and/or up to $3,500 in kitchen faucet remediation work, with up to $900,000 available for such remediation work.
While the lawsuit was pending, Aqua created a dedicated website, WaterFactsIL.com, which, under the consent order, the company will continue to maintain. Information will also available on the Illinois Environmental Protection Agency’s website.
The consent order is a court-enforceable agreement that resolves the lawsuit Raoul and Glasgow filed against Aqua Illinois in 2019. If Aqua fails to comply, the Attorney General and the State’s Attorney will seek court enforcement of the consent order as well as penalties.
