Grubs.
Just when Craig Hall figured he’d heard it all, fans at a recent Glenwood High School football game recognized him as a South Sangamon Water Commission trustee and complained about a gridiron grub infestation.
“Grubs on the field because – of course – of the water,” Hall recalls. “I had four people say that. I truly think they were serious.”
Grubs are a new twist, but Hall and other members of the South Sangamon Water Commission have grown accustomed to complaints about water that began four years ago, when a new water plant went live and produced a flow of complaints from Chatham residents who say that municipal water is corroding pipes, appliances and hot water tanks. Skin rashes and hair loss have been blamed on the water, even as regulators have said that the water doesn’t pose a health threat.
“Water supplied by South Sangamon Water Commission has complied with the requirements of regulatory
agencies and there have been no water quality violations,” wrote a team
of consultants in a report issued last spring, after complaints prompted
the Illinois Environmental Protection Agency to order a review of
Chatham’s water woes.
But
that doesn’t mean the water isn’t yucky. It’s ranged from cloudy to
brown, residents complain, and sometimes smells of rotten eggs or
chlorine. Faucets, shower heads and hot water heaters have corroded and
crusted up with gunk. The consulting team last spring found numerous
deficiencies in the design and operation of the water plant near
Rochester, where repairs and maintenance have gone unaddressed.
Lack
of money is a concern, and the water commission is now considering a
rate increase to fund a $500,000 capital improvement plan for a water
system that has already cost millions of dollars more than projected.
The decision to build the plant came in 2010 after four decades of
Chatham buying water from Springfield.
Despite assurances from consultants and the Illinois Environmental Protection Agency, some Chatham residents are worried.
“The EPA says it’s safe to drink,” says village trustee Mark
Clayton, who says that the village should not have gone into the water
business. “But there’s so much concern in the community and so much
distrust with this administration…that people are reluctant to take
anything to heart.”
Facebook
is filled with posts from folks who won’t let pets drink tap water. The
water, residents-turned-activists warn, is corrosive – if it’s bad
enough to damage hot water heaters and dishwashers, who knows what it
might do to the human body. There is talk of Flint. Even those with no
sign of trouble face danger down the road, say residents who have plenty
of trouble now.
Beyond
questions of health, residents accuse public officials of corruption
and conflicts of interest while the plant was under construction. The
U.S. Securities and Exchange Commission, Illinois State Police and the
Federal Bureau of Investigation have all been contacted, according to
activists who say that the water plant was an expensive, reckless
boondoggle that never should have been built.
“We request
aggressive legal action be pursued against any individual or group who
failed to protect the Village of Chatham from this water supply causing
damage to our health and homes,” reads an online petition addressed to
Gov. Bruce Rauner, Sangamon County state’s attorney John Milhiser,
Chatham Mayor Tom Gray and village trustees. “We also request immediate
action be taken to get rid of this water supply so we can restore the
value of our assets and prevent any further damage to the health of
ourselves and our families.”
The
petition is at once a condemnation of Chatham’s water supply and a
question mark: Just how widespread is this problem, given that it took
seven months to gather 1,000 signatures? More than 12,000 people live in
Chatham, and anyone with an internet connection was free to sign the
online petition.
Sentiment
is sufficient enough that residents spilled out the door during a Sept.
13 village board meeting captured by a camera crew from the television
show “60 Minutes.” The show reportedly plans to air a segment on a
statewide anticorruption group called Edgar County Watchdogs that has
posted critical online stories about Chatham water as well as topics
such as questionable campaign spending by Illinois auditor general Frank
Mautino and alleged corruption at the College of DuPage, a community
college near Chicago.
Kirk
Allen, founder of Edgar County Watchdogs, focuses on a 2010 ordinance
that puts the village on the hook for more than $30 million in bond debt
incurred in building the water plant, which opened in 2012 and is owned
and operated by the water commission. Contrary to state law that covers
municipal borrowing, the village board never passed an ordinance
establishing a “fixed annual amount” that the village would pay to
service the debt, Kirk says, which might somehow allow the village to
walk away from the water commission despite financial guarantees
contained in the 2010 ordinance.
Residents
speak for more than an hour. Trustees pass around a corroded element
from a hot water heater brought by Jewel Brant, who urges trustees to
withdraw from the water commission. Paul Pachlhofer complains about an
“incestuous relationship” between the village and the commission – among
other things, he points out, both bodies once had the same lawyer, and a
former village manager also was a water commissioner who oversaw water
plant construction. Jeff Greer asks about water used to boil corn for
the village’s annual sweet corn festival. There is shouting and loud applause as residents make their points.
“I
built a house here,” says Doug Matthew. “I moved here. I want my kids
to go to school here. I like it here. But I’m not going to risk my life
or my kids’ lives.”
It’s
powerful stuff, and the board shortly afterward goes into executive
session. After more than an hour behind closed doors, trustees emerge
and let their lawyer do the talking.
The
board, village attorney Jeffrey Jurgens explains, plans to hire a law
firm to determine the village’s legal obligations to the water
commission. The firm, he says, will also examine whether bonds were
properly issued. It is tantamount to saying that the village is
exploring whether to abandon the commission, but Jurgens gives no
assurances.
“This
isn’t to say that one thing is going to happen or another thing is going
to happen, but this is the first step in that process,” says Jurgens,
without defining “process.”
“I
think that there’s a desire on the part of the board to…try to be more
productive with this entire situation,” Jurgens tells the crowd. “Nobody
on the board likes for you guys to be out there yelling at us. And,
vice versa, we don’t want you to feel like we’re ignoring what you’re
saying or that we’re not hearing what you’re saying.”
Someone
in the audience points out that the water commission is meeting next
week to discuss a rate increase. Will anyone on the village board attend
the meeting?
No one speaks up.
Escalating costs
The South Sangamon Water Commission was born from fights between Chatham and Springfield over water and development.
In
the spring of 1997, Springfield, which then supplied the village with
water, turned down the flow, prompting concerns that Chatham might run
out of water. The village sued, a settlement was reached and Chatham
started making plans for its own water plant almost immediately after
signing a 1999 water contract with Springfield that included an exit
clause: The village could terminate the contract on three years’ notice.
To
hear Mayor Tom Gray talk, the village’s very existence was at stake. He
points out that Leland Grove, Southern View and Jerome are all
surrounded by Springfield. Similarly, Gray says, the city was
threatening to choke off Chatham’s growth by withholding water or
dictating development terms on land between the city and village. Both
entities coveted tax revenue that could be generated by commercial
development.
“They
were (Springfield was) interested in surrounding all the communities and
controlling things,” Gray says. “If you don’t have those stores, that
sales-tax generation, you’re going to have higher property taxes.”
As it became clear that
Chatham was serious about going into the water business, Springfield in
2009 proposed a new water contract that would eliminate a provision from
the existing deal that restricted Chatham from annexing land north of
the village. Under that scenario, the village, while free to grow, would
pay more for water than Springfield residents. Alternatively, the city
proposed, the village could pay the same rate as Springfield residents,
with growth restrictions remaining in place. Less than three weeks after
sending the proposed deal to the village, the city jacked up Chatham’s
water rates by 17 percent.
It
was too late for compromise. Chatham and New Berlin, which needed a new
water supply to replace an aging one that had drawn scrutiny from
regulators, created the South Sangamon Water Commission in 2009, and
construction began on a water plant the following year. Costs were a
concern before ground was broken.
Before
construction began, Del McCord, then village manager and also a South
Sangamon water commissioner, told his fellow commissioners that the
commission must charge less for water than CWLP in order for the project
to go forward. He suggested a rate of $4.60 per 1,000 gallons; five
months later, and nearly two years before the first drop came out of
wells near Rochester, the commission set the rate at $5.05. The price
has climbed beyond what the commission envisioned in 2010, when it
forecast a rate of $6.46 in 2025. The commission now charges $6.85 per
1,000 gallons and is contemplating a rate increase.
The
price of the water plant jumped from an estimated $24 million when
construction began to more than $31 million by the time water started
flowing in 2012. Even before construction began, concerns about the cost
of pollution control threatened to scuttle the project.
Pollution concerns
The
commission’s well field near the Sangamon River floods to the point
that the plant manager has suggested buying a boat to allow access to
wells during wet weather. The wells are less than 60 feet deep, and
groundwater levels rise when it rains. As long ago as 2005, officials
with the state Environmental Protection Agency concluded that
groundwater in the area was influenced by surface water, which
necessitated potentially expensive pollution control measures to ensure
that contaminants from surface water would be removed from well water.
The
state initially told engineers hired by Chatham that water from wells
likely would have to be filtered with equipment that would require
around-the-clock staffing. The village couldn’t afford that, and so
engineers proposed alternative filtering technology. The EPA ultimately
approved a membrane filtering system that doesn’t require constant human
supervision, and a permit was issued.
Among other things, the membrane filters are supposed to help remove
manganese, a suspected culprit when water turns nasty in Chatham.
Once
construction began, the water commission pushed the EPA to reclassify
the well field so that water from wells would not be deemed under the
influence of surface water, a move that could, presumably, reduce
pollution control costs. The effort prompted a warning from the
engineering firm that designed the plant.
“I
may be wrong about this, but the only reason that one would attempt to
reclassify the acquifer…would be to...route unfiltered water through the
plant to create finished water,” Joe Pisula, a vice president at
Donohue and Associates, the firm that designed the plant, wrote in a
2011 email to McCord and other water commission officials. “(T)he wells
are shallow and they are in flood-prone areas and common sense tells us
that surface water could influence them.”
Even
if the EPA reclassified the well field, Pisula urged that the water be
filtered through the membrane system, and the plant has done that. But
the effectiveness of membrane filtering was questioned last spring by a
consulting team hired after the EPA ordered the water commission to
study water quality issues.
While
the plant had successfully removed iron from water, the consultants
found that manganese levels were sometimes high, albeit not to the point
of threatening health. Raw water from wells was harder and more
alkaline than the membrane filters were designed to handle, the
consultant found. The plant wasn’t performing tests to ensure the
integrity of the filtering system, in part due to equipment failures
that hadn’t been fixed, reportedly due to financial constraints, the
consultant determined. The tests were stopped in 2015 even though the
state had required regular testing as a condition for granting a
construction permit. Valves used in cleaning the membranes were faulty,
the consultant determined, and results of monitoring to ensure that the
membranes worked weren’t being reported to the EPA as required.
“Since
membrane integrity testing is not being performed and effluent quality
reports are not being reported, the performance of the membrane filters
is in question,” the consultant wrote. The commission is considering a
new filtration system and has spent more than $124,000 on engineers to
design it.
The
consultant found problems beyond filters. Plant operators didn’t know
that they needed to routinely test for chloride, a corrosive substance
that can damage home water pipes, the consultant found. Operators also
didn’t have sufficient expertise to remove manganese from water using
chemicals.
At least
one problem was, and still is, obvious. The plant has no water tower to
maintain pressure in water lines so that raw water can’t enter
distribution pipes in the event a power outage knocks out pumps. The
state allowed construction even though EPA regulations require elevated
or pressurized tanks to maintain pressure in lines during power outages,
the consultant reported.
The
EPA, which issued a construction permit despite the lack of a water
tower, last year barred the water commission from expanding its service
area until it addresses the issue, although Chatham isn’t affected because the village has its own water tower. Kim Biggs, EPA spokeswoman, did not answer when Illinois Times sent an email asking why the agency approved construction plans that lacked a tower or pressurized tank.
The
water commission plans to borrow $500,000 to enact a five-year capital
improvement plan that includes slightly more than $100,000 for a
pressurized water tank in lieu of a water tower. Commissioners have
considered leasing a tank or buying a used one to save money. Wall
Street has not been enamored. In May, Moody’s dropped the commission’s
credit rating by four notches and assigned a negative outlook,
expressing concerns about increasing expenses, a large debt burden and
reliance on a relatively small number of people to pay the bills.
Flushing planned
In Chatham, the village plans to start flushing
water pipes next week in a systemic effort to rid the village-owned
distribution system from manganese believed to have come from water in
the early days of the water commission, when efforts to control levels
of the mineral that can foul water weren’t successful.
While
the plant says that it has manganese under control, manganese that has
settled in pipes may be coming loose, says interim village administrator
Pat McCarthy. The village has enacted a $2.50 monthly charge on water
bills, scheduled to last one year, to pay for the flushing, which will
cost an estimated $160,000. The water commission that provided water
with high levels of manganese stands to profit from the flushing
operation, given that the village must pay for water that will shoot out
fire hydrants and disappear down storm drains.
Greer,
a resident who says he’s spent thousands of dollars on a filtering
system for his home, is skeptical. Testing in 2012 had shown that the
water was corrosive – while the water wasn’t dangerous by itself, it
could dissolve copper or even lead from plumbing systems, which could,
potentially, pose a health risk. Although the plant has taken steps to
reduce corrosivity and regulators say the water is safe, Greer sees
danger.
“Flushing can’t fix everything,” Greer says. “The water’s still corrosive.”
Greer
is convinced that insiders profited from building the water plant, and
he says that the FBI and state police have been contacted. Residents say
that they’ve also called the U.S. Securities and Exchange Commission –
the plant can produce 2.2 million gallons a day, but bond buyers were
told that it would produce 3.3 million gallons per day. That, Greer and
other residents say, might constitute bond fraud.
The
plant was designed so that it can be expanded to produce 3.3 million
gallons per day, an amount far beyond what Chatham needs.
“It
would be silly to spend all the money upfront to produce 3.3 million
gallons because you couldn’t sell the water,” Mayor Gray points out.
Greer
and other residents also point out that John Myers, a Springfield
attorney, represented the village, New Berlin and the water commission
for several years, which they suspect is a conflict of interest. The
Illinois Attorney Registration and Disciplinary Commission closed an
investigation of Myers with no finding of wrongdoing.
Citing
confidentiality requirements, Myers said that he cannot discuss the
case. He remains the attorney for New Berlin but is no longer lawyer for
Chatham or the water commission. He says that he stepped down as
attorney for the commission because he didn’t want to become the focus
of controversy; he says that he resigned as village attorney because new
trustees were elected, and some weren’t comfortable that he could give
objective advice.
While
residents say they’ve called law enforcement to report suspected
corruption, the mayor points out that there have been no arrests or
charges filed.
“I think everything was done by the book,” Gray said. “As much as they’ve been saying it, law enforcement hasn’t been involved.”
Nearly
100 people skipped the first presidential debate between Hillary
Clinton and Donald Trump on Monday to gather at the Chatham Center to
talk about water.
There
is talk of health concerns. Some call for a forensic audit to
scrutinize water commission spending. Some suggest hiring a lawyer, but
it’s not clear just what a lawyer might do to resolve concerns about
water.
Some gasp when
Greer shows a video taken from the inside of the village water tank
while it was being cleaned. The bottom is coated with black crud that
resembles tar. Then Franklin Lewis, a retired engineer with the Illinois
Environmental Protection Agency, speaks up.
“Almost
any water tank you see will have that kind of stuff in the bottom,”
says Lewis, who once oversaw 500 water systems in central Illinois.
The
way Lewis sees it, the water plant initially contaminated village pipes
with manganese. Now that the plant has a handle on manganese levels,
the problem may well get better with flushing, he predicts. He says that
his wife has complained about the taste, but he still drinks Chatham
water. And he isn’t concerned that he’s risking his health.
“Oh, goodness – no,” he says. In an interview, the mayor says that building the water plant was the right move.
“Even
with hindsight, we should have gone ahead and built the water plant,”
Gray says. “At the end, you’ve got to look at economic development, and
water is the most precious commodity in the world. So, If you have your
own water plant, I think you’re ahead of the game.”
Contact Bruce Rushton at brushton@illinoistimes.com.