This is the letter sent from your (Candlewick's) attorney to AQUA regarding the problems from this year as well as in the past. There is a link at the bottom of the Candlewick home page to a site where you can leave pictures, comments, and documentation of past instances of discharge and pumping. I will put a link to the CWL site on the right of the View page for your convenience. Please help with this effort.
Ken
Mr. Craig Blanchette Mr. Joel Gehrett
Vice President - Operations Area Manager
AQUA Illinois, Inc. AQUA Illinois, Inc.
1000 S. Schuyler Avenue 316 S. Main Street
Kankakee, IL 60901 Wauconda, IL 60084
Re: AQUA Illinois, Inc.
Candlewick Lake STP
Dear Messrs. Blanchette and Gehrett:
By way of introduction, my name is Scott E. Pointner, and I am General Counsel for the Candlewick
Lake Association (“CWL”). As you are no doubt aware, we have been investigating the circumstances
surrounding the various discharges of sewage onto CWL property that were intentionally made by AQUA
Illinois, Inc., (“Aqua”), although we have not yet gathered all of the facts, documents, and information that
we believe exist that is needed in order for CWL to make informed decisions on what can and should be done
regarding both past and potentially future discharges. The purpose of this letter is not to make any premature
demands or pound the proverbial table, although depending upon Aqua’s responses to the various requests
in this letter there may very well come a time when those two actions will be warranted. Rather, the purpose
of this letter is to request certain things from Aqua that will assist us in completing our investigation, which
will then allow us to analyze our rights and options, and then at some point hopefully in a few weeks, outline
a set of proposals that will hopefully not only address past problems but also provide a roadmap for a better
relationship between the two entities.
Threshold Issues
As a threshold matter, while the tone of this letter is intentionally moderate and designed to lead
toward a more productive relationship, rest assured that behind this initial communication lies an enormous
amount of animosity, distrust, and outright anger on behalf of both the CWL Membership and the Board.
The Department of Health has closed our beach, not because there have been recent discharges or positive
tests for E coli, but because it is concerned that Aqua’s current operations cannot adequately insure that
another discharge can be avoided. Needless to say, the Labor Day weekend is CWL’s second of two key
swimming weekends, and the beach is closed because of Aqua.
If the response to this letter is anything short of outright cooperation and overt attempts at bridgebuilding,
I fear that this one chance at moving forward together toward a brighter future will be forever lost.
Page 2
Given the fact that Aqua’s future is so closely tied to CWL’s future, the Board and the Membership will both
be watching carefully to see the degree to which Aqua responds not only to the letter of these words, but
more importantly to the spirit hereof. I cannot emphasize enough the importance of your response to this
letter given the emotions that are thus far being held back by the many thousands of Members of CWL that
will not hesitate to vote for committing whatever resources are necessary to ensuring that this incredible
development that they call home is never again desecrated like it has been twice in the past few months, and
that the full costs, expenses, and damages that have been endured by CWL are paid for in full.
Requests for Information and Documentation
As I indicated, it is important for us to analyze our position based upon all of the facts, records, and
knowledge available. While we have reviewed many pages of documents, it still appears we do not have
quite a few things that we would like to see before completing our analysis of our positions both past and
future. We therefore respectfully request that within the next ten business days you provide us with the
following:
1. We are in the process of gathering information from the Membership about possible past
discharges Aqua may have had. To ensure that the findings we make from the information
received by the Membership is as complete as possible, we ask that for the past five years,
you provide us with documents or information identifying each and every time Aqua has
either intentionally caused or unintentionally suffered a discharge of sewage out of its
sanitary sewer infrastructure. Please identify each such discharge by date, location, and
other facts such as the manner in which the discharge occurred (i.e. pumping), the estimated
amount of the discharge in gallons, and any other important facts (i.e. there were 3 inches
of rain that fell in a 45 minute period). Information as to whether each such discharge was
intentional or unintentional would be helpful as well. Moreover, it would also be helpful
if Aqua would identify for each whether each such discharge violated Aqua’s current
operating permits. Finally, it would also be helpful to receive information on when Aqua
was aware of each discharge, and what measures were taken to minimize each such
discharge. In the event of intentional discharges, the basis for making the intentional
decision to make each such discharge would also be helpful, such as understanding what the
expected consequences would have been had such intentional discharges not occurred.
2. Copies of all correspondence Aqua has either sent or received, regarding the April and June
discharges at CWL.
3. Copies of all of Aqua’s current operating permits, as well as a summary in laymen’s terms
that describes for the average CWL homeowner what Aqua believes it is allowed to do, and
with regard to intentional discharges, what it is not allowed to do. Although I am sure that
some of the conditions attached to Aqua’s current permits are more technical in nature, there
are a few I am sure that will be pertinent to CWL Members becoming educated as to what
Aqua is allowed, and not allowed, to do. Us receiving Aqua’s take on these conditions
would be very helpful in trying to rebuild the relationship Aqua has with CWL customers.
4. A number of responses to FOIA requests were returned without documents due to “Security
Sensitive” reasons. Explanations from Aqua as to the nature of information and documents
that might be withheld for security purposes would be helpful.
Messrs. Blanchette and Gehrett
September 4, 2013
Page 3
5. To the extent that Aqua has documents that it believes CWL would find relevant in
understanding what has happened in the past with regard to discharges, we ask that Aqua
provide us copies of such documents.
6. Please answer the question as to whether Aqua currently believes that the Aqua plant has
been appropriately designed and sized given what it now knows about the CWL average
sewage flows, the degree to which the Aqua infrastructure appears to have been breached
and is no longer a closed system, and the lessons learned about how the topography of the
area impacts the amount of stormwater that is apparently entering into the system during
heavy rainfalls.
7. Information Aqua has gathered regarding the estimates of stormwater that appears to have
entered the system in the April and June events.
8. Copies of any and all policies that Aqua has in place regarding the procedures that must be
followed both before, during, and after discharges, whether intentional or unintentional.
9. Explanations as to why CWL has not been notified of prior discharges.
Providing us with these documents and this information will go a long way in determining the right course
for us. Given all of the regulatory questions that have been posed to you in the last month or two, we believe
that providing this information and these documents should not be difficult to do within the two week period
outlined above.
Request For Reimbursement
We are hopeful that in the next two weeks we will have received all of the relevant documents and
information upon which a proper analysis of CWL’s rights can and should be based. In order for CWL to
make informed decisions, the CWL Board not only wants legal opinions, but just as importantly, the opinions
of an engineer that has the proper training, experience, and knowledge about what has happened and what
might be done in the future to eliminate or at least greatly reduce the likelihood of future discharges.
Because the need for this expense has been directly caused by Aqua’s discharges, we therefore request that
Aqua agree to reimburse CWL for up to $10,000.00 of time from a qualified expert in this field to assist us
in analyzing these issues. We assure you that whoever CWL decides to hire will be someone highly
qualified, and who will charge reasonable fees. Please let us know right away that Aqua is in agreement on
this reimbursement request.
In addition, as a result of Aqua’s actions, CWL has incurred a significant amount of attorney fees
to both investigate what has happened and to determine what rights CWL has with regard to dealing with
regulatory authorities that have shut down CWL’s beaches. While we do not have an updated amount of
these fees, rest assured that over the past three months, the total has exceeded $10,000.00. We therefore
request that Aqua cut a check to CWL to reimburse it for these fees.
Request for An Update On Aqua’s Proposed (and Implemented) Operational Changes
Subsequent to the April discharge, there have been a number of possible changes in policies and
procedures that have been suggested by various parties to help ensure that discharges either do not happen,
or, when there is nothing that can be done to prevent a discharge, to ensure that the negative impacts are
Messrs. Blanchette and Gehrett
September 4, 2013
Page 4
minimized to the greatest extent possible. Please provide us an update, in writing, on what Aqua proposes
to change in terms of its policies, procedures (including protocols for providing advance notice and
information), equipment, reimbursement for expenses associated with discharges, and other modifications
with regard to both past and potential future discharges.
Closing Comments
As previously indicated, we expect that this will be the first of many productive and cooperative
communications that will help our two organizations not only resolve past issues but more importantly move
forward together for a less acrimonious future. There will be thousands of eyes watching carefully to see
the degree to which Aqua responds to this letter in such a manner that a productive and cooperative future
is more, or less, likely. We thank you for your attention to these issues, and look forward to your prompt
response. Please do not hesitate to contact me should you have any questions or comments with regard to
the above.
Very truly yours,
RATHJE & WOODWARD, LLC
Scott E. Pointner
.jpg)
