ILLINOIS POLLUTION CONTROL BOARD
    January 19, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    SOUTHERN ILLINOIS POWER
    COOPERATIVE, an Illinois not-for-profit
    corporation,
     
    Respondent.
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    PCB 04-201
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 18, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Southern Illinois Power Cooperative (SIPC).
    See
     
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that SIPC violated
    Sections 9(b) and 9.1(b) and (d) of the Environmental Protection Act (Act) (415 ILCS 5/9(b) and
    9.1(b) and (d) (2004)); 40 C.F.R. 60.7, 60.11(d), 60.42(a)(2), and 60.43(a)(2); and special
    conditions 1(b) and (c) and 4 of operating permit number 80010054 by failing to submit required
    summary reports, excess opacity during operation, excess sulfur dioxide emissions, and failure to
    maintain and operate a unit consistent with good air pollution control practices. The complaint
    concerns SIPC’s fossil fuel-fired power generating facility at 11543 Lake of Egypt Road,
    Marion, Williamson County.
     
    On January 12, 2006, the People and SIPC filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act.
    415 ILCS 5/31(c)(1) (2004). This filing is authorized by Section 31(c)(2) of the Act. 415 ILCS
    5/31(c)(2) (2004);
    see
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, SIPC does
    not admit the alleged violations and agrees to pay a civil penalty of $48,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 19, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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