Madigan says sanitary district polluted Kane County creek

Illinois Attorney General Lisa Madigan filed a complaint accusing the Wasco Sanitary District of polluting Mill Creek with wastewater.

The complaint, filed recently in Kane County Circuit Court, seeks an injunction to stop the emptying of "contaminants" into the creek, a Fox River tributary, and the levying of hefty fines for violations of environmental standards.

Wasco Sanitary District President Raul Brizuela declined to comment Monday, other than to say officials are expecting a "swift resolution to this matter."

According to the complaint, the district has been oversaturating irrigation fields and a drainage ditch that feed into Mill Creek with treated wastewater since at least May 2007.

The complaint says the taxing body "conducted irrigation spraying of wastewater over and in a drainage ditch, irrigated during and after precipitation, and sprayed on ground that was already saturated and contained ponded water, causing surface discharges of wastewater from its irrigation fields to waters of the state of Illinois."

Madigan's office says it received "numerous citizen complaints" last fall, when the district irrigated one field that already had received considerable precipitation and showed signs of saturation.

The complaint asks a judge to order the district to resolve the situation immediately and assess fines of $50,000 for every violation of the Illinois Environmental Protection Act, as well as $10,000 for each day of violation.

Madigan spokesman Scott Mulford said an initial court date of July 13 has been set. He declined further comment.

Run by a three-member governing board, the sanitary district provides drinking water and sewer service to about 1,000 businesses and homes in far western Kane County, including the Fox Mill and Fox Creek subdivisions in Campton Hills, the area along Route 64 known as Wasco, and some unincorporated areas.

Village trustee Jim Kopec said Campton Hills officials are aware of the situation, which could affect the village's ability to attract new development or revitalize existing areas.

"We hope to get results quickly and appropriately," he said.