ILLINOIS POLLUTION CONTROL BOARD
December
17,
1987
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 84—119
POW WOW CLUB,
INC.,
Respondent.
MATTHEW J.
DUNN, ASSISTANT ATTORNEY GENERAL APPEARED ON BEHALF OF
COMPLAINANT;
MICHEAL HAVRILEKSO,
ESQ. APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
This matter comes before the Board upon Complainant’s August
3,
1984,
Complaint, which alleges the following:
Failure
to
employ at least one qualified and certified water
supply operator
in violation of 35
Ill.
Adrn.
Code 603.103; operation of a public
water supply system without chlorination in violation of 35 Ill.
Adm. Code 604.401; failure
to add required fluoride to a public
water
supply in violation of 35
Ill. Mm.
Code 604.450; failure
to submit monthly representative samples of finished water
in
Violation of
35
Ill. Adm. Code 605.101; failure
to submit
representative yearly samplesof raw and finished water
for
Chemical
analysis
in violation of 35
Ill. Adm. Code 605.103;
failure
to monitor and analyze public water
supply system for
radiological concentrations in violation of
35 Ill. Adm. Code
605.106; failure
to submit monthly reports and results of tests
in violation of 35
Ill.
Adm. Code 606.101,
606.102(B);
and
failure
to repair
a broken waterinain for over one month thereby
creating an extreme potential for contamination
in violation of
I1l.Rev.Stat. ch.
111—1/2, par.
1018.
Hearing was held on October 19,
1987;
no members of the
public attended.
At hearing,
the parties
introduced an executed
Stipulation and Proposal for Settlement
(“Stipulation”).
The
Stipulation is attached
and adequately addresses the relevant
facts
in this matter.
Accordingly, this opinion will not contain
the customary discussion of the issues.
Respondent does not, per
Se,
admit to violating the Environmental Protection Act (“Act”)
or the rules and regulations of this Board; however,
the parties
do stipulate to facts which constitute violations.
Additionally,
respondent agrees
to pay
a civil penalty in the amount
of $1,500
to aid
in the enforcement
of the Act.
84—565
—2—
Although the original complaint contains
a long litany of
alleged violations
(which
are repeated
in the Stipulation),
the
settlement agreement explains that these have either already been
corrected or will be corrected
in the future via
a new operating
plan of compliance which includes the submission of required
samples and analysis of water when necessary.
In evaluating
this enforcement action and proposed
settlement agreement, the Board has considered
the facts and
circumstances
in light of the specific criteria
of Ill.Rev.Stat.
ch.
111—1/2, par.
1033(c)
and finds the Stipulation and proposed
settlement agreement acceptable pursuant
to
35 Ill. Adm. Code
103.180.
Accordingly, the Board orders Respondent to comply with
the Order
set forth below.
This Opinion and Order constitutes the Board’s findings of
facts and conclusion of law n this matter.
ORDER
It
is the Order of
the Illinois Pollution Control Board
that:
1.
Each of the nineteen
(19) public water supply facilities
at Tullocks Woods subdivision shall be individually
responsible for ensuring their own compliance with all
applicable statutes, rules and regulations of the State
of Illinois;
2.
Each of the nineteen
(19) public water supply facilities
at Tullocks Woods subdivision shall submit semi-monthly
groundwater
samples as required by
35 Ill. Adm Code
605.101 and will comply with the chemical analysis
Sampling
requirements of
35 Ill. Adm. Code 605.103 and
605.106 when called upon by the Agency
to do
so;
3.
The nineteen (19) public water supply facilities
at
Tullocks Woods shall submit monthly operating reports to
the Agency as required by 35
Ill. Mm. Code 606.101 and
shall also comply with the reporting requirements of
Section 606.102(B);
4.
The Board hereby accepts the Stipulation and Proposal
for Settlement executed by the parties and filed with
the Board on October
28,
1987.
The terms and conditions
of
the Stipulation and Proposal for Settlement, which
is
attached hereto are incorporated into this Order, with
the exception of those provisions related
to the Public
Water
Supply Act and the Vesting Act, over which
this
Board has no jurisdiction.
84—566
—3—
5.
The Board makes
the following findings of violations
against respondent:
a)
Violation of Ill.Rev.Stat. ch.
111—1/2, par. 1018
b)
Violation of I1l.Rev.Stat.
ch.
111—1/2,
par. 1019
c)
Violation of 35 Ill. Adm. Code 603.103
d)
Violation of 35
Ill.
Adm. Code 604.401
e)
Violation of
35 Ill.
Mm.
Code 604.405
f)
Violation of 35
Ill.
Adm. Code 605.101
g)
Violation of
35 Ill. Adm. Code 605.103
h)
Violation of
35
Ill. Mm.
Code 605.106
i)
Violation of
35 Ill. Adm. Code 606.101
j)
Violation of 35
Ill.
Adm. Code 606.102(B)
6.
Respondent shall, by certified check or money order,
payable
to the State of Illinois and designated
for
deposit into the Environmental Protection Trust Fund,
pay the sum of $1,500
(one thousand five hundred
dollars).
The sum shall be paid
as follows:
$500 on
October
19,
1987;
$500 on November
30,
1987;
and $500 on
December
30,
1987.
Payment shall be mailed
to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED
Board Member
T. Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif~that the abo
Opinion and Order was
adopted on the
/7t~d
day of _________________________,
1987, by a
Vote
of
‘~-/
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
84—567
OiiginaI
Do
Not
Remove
STATE
OF
ILLINOIS
)
SS
COUNTY OF WINNEBAGO
)
BEFORE THE POLLUTION CONTROL BOARD OF
THE
STATE
OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Complainant,
)
v.
)
PCB 84—119
)
POW WOW CLUB,
INC.,
a not for
)
profit Illinois corporation,
)
)
Respondent.
STIPULL~TION
AND
PROPOSAL FOR
SETTLEMENT
Complainant, the Illinois Environmental Protection Agency,
(“Agency or IEPA”),
and the Respondent, Pow Wow Club, Inc.,
a
not-for—profit Illinois corporation,
(“Pow Wow”), hereby stipu-
late and agree to the following statement of facts and proposal
for settlement.
This stipulation and proposal for settlement is
submitted pursuant to Section 103.180 of the Illinois Pollution
Control Board Rules and Regulations, subtitle A:
General Provi-
sions,
35 Ill.
Adm. Code 103.180.
The parties agree that the
following statement of facts and proposal for settlement is
stipulated and agreed to for the purposes of settlement only and
shall be null and void and of no effect in the event that the
Board fails to accept each and every term and condition set
forth.
The parties further agree that the interest of the public
and the parties hereto will best be served by the resolution of
this proceeding without further litigation under the terms and
~L
~
-
-
conditions provided herein,
and they offer the stipulation and
proposal for settlement in lieu of an evidentiary hearing.
I.
JURISDICTION
The Board has jurisdiction of the stthject matter herein and
of the parties consenting hereto pursuant to the Illinois Envi-
ronmental Protection Act,
Ill. Rev.
Stat.
(1985)
ch.
111 1/2,
pars.
1001 et ~
II.
AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into the terms and conditions of this Stipulation and Pro-
posal for Settlement
arid to legally bind them to it.
III.
STATEMENT OF FACTS
For the purposes of settlement only,
the parties hereby
stipulate and agree to the following:
1.
Respondent, Pow Wow Club,
Inc.,
is a not—for-profit Il-
linois corporation.
2.
A July 18,
1974,
order of the Board in Environmental
Protection Agency v. Pow Wow Club,
Inc., PCB 74-50,
found Pow Wow
—2—
84—569
in violation of Sections 15,
18, and 19,
of the Illinois Environ-
mental Protection Act, I11.Rev.Stat., ch.
111—1/2, par. 1015,
1018, and 1019 (“the Act”).
In reaching that decision the Board
specifically found that Pow Wow was operating a public water sup-
ply.
The definition of a public water supply in effect at the
time of the July
18,
1974, Board order, was a facility “where 10
or more separate lots or properties are being served
....“
I11.Rev.Stat., ch.
111—1/2,
par. 1003(j).
In finding that Pow
Wow
was
operating a public water supply, the Board stated:
Whatever the intent of the original developer
was, the fact is today there is a unified
water supply system serving the subdivision.
As Environmental Protection Agency Exhibit
#9
points out, eight wells are now serving more
than nine lots.
There are gate valves located
throughout the system to link the wells
together.
There is unified management and
charges throughout the system.
Therefore,
it
is the conclusion of the Board that the water
supply system operated by Respondent is a pub-
lic water supply.
3.
A May
6,
1976, order of the Board in Pow Wow Club,
Inc.
v. Environmental Protection Agency, PCB 74-306, denied Pow Wow’s
requested variance.
The Board’s findings of fact and conclusions
~f law in that order explain Pow Wow’s immediate attempts to com-
ply with the Board’s July 18, 1974,
order.
4.
Following the Board’s denial of its variance request and
in order to comply with the Board’s July 18,
1974,
order, Pow Wow
modified its existing public water supply by:
A.
Installing four new groundwater wells.
B.
Separating the existing system into community
systems with no more than
9 properties per
—3—
84—570
system.
C.
Deeding
each system to the respective property
owners
who
obtained
their
water
from
that
system.
D.
Assigning
one
trustee
per
system
who
was
responsible for the maintenance and operation of
the system.
Pow Wow modified its public water supply so as to remove itself
from
the
public
water
supply
definition
in
Section
3
of
the
Act,
Ill.Rev.Stat.,
ch.
111—1/2,
par.
1003,
(a
facility
serving
10
or
more
separate
lots
or
properties)
rather
than
comply
with
the
various
regulations
applicable
to
public
water
supplies.
5.
On
January
1,
1982,
a
new definition
of
“public
water
supply” came into effect, redefining a public water supply to
include water systems which “regularly serve at least 25 persons
at least 60 days per year”.
P.A.
82—393, Sec.
1; Ill.Rev.Stat.
(1985)
ch.
ill 1/2, par. 1003.28.
6.
Beginning on January
1,
1978,
Pow Wow Club charged a
monthly fee of $10.00 to each household in the Tollucks Woods
subdivision for water and maintenance.
This monthly fee was used
for,
among other things, the payment of electricity and main-
tenance bills for the operation of the drinking water wells.
The
Agency learned about Pow Wow’s longstanding monthly billing prac-
tice in September,
1983.
Through this billing practice Pow Wow
operated and controlled all of the nineteen groundwater wells at
the site.
—4—
84—571
7.
Since at least January
1,
1982,
all
of the wells located
at Tullocks Woods subdivision have been interconnected with the
other drinking water wells.
These interconnections safeguard
against an interruption in drinking water supply in the instance
where one well fails.
Should one well fail,
the homes connected
to that well can receive there drinking water from another well
through the interconnection.
It is possible that water from any
one well could be pumped to serve any of the homes
in the sub-
division.
Since all wells at the site are interconnected, there
is in fact only one water supply which serves Tullocks Woods sub-
division.
This one water supply serves more than 150 homes and
more than 400 people in the subdivision.
8.
Given Pow Wow’s monthly billing practice and control of
the maintenance and operation of all nineteen groundwater wells
at Tullocks Woods and the interconnections which link all of the
wells, there existed from January
1,
1982,
until the date of the
filing of the Complaint, one public water supply in Tullocks
Woods, as that term is defined by Section 3.28 of the Act,
Ill.Rev.Stat.
(1985)
ch.
111—1/2, par.
1003.28.
9.
In August and September of 1983,
a water main at the
site broke and was allowed to remain unrepaired for over one
month.
The Agency learned of this broken water main on September
19,
1983.
—5—
84—572
10.
Beginning on September 14,
1982, and continuing each day
of operation up to the date of filing of the complaint, Respon-
dent,
Pow Wow Club, Inc., has operated a public water supply sys-
tem without having in Respondent’s employ at least one natural
person certified as competent as a Class D,
Class C, Class B, or
Class A Water Supply Operator in violation of Section 1 of the
Public Water Supply Act,
(“PWS Act”),
Ill.Rev. Stat.,
ch.
111-1/2,
par.
501, Section 603.103 of the PWS Regulations,
35 Ill. Adm.
Code 603.103, and therefore Section 18 of the Act, Ill.Rev.Stat.,
ch.
111-1/2, par.
1018.
At no time during the period in question
had the IEPA exempted Pow Wow from
the
requirements of 603.103 of
35
Ill.
Admit.
Code.
11.
Beginning on September 14,. 1982,
and continuing each day
of operation up to the date of filing the complaint, Respondent
has operated its public water supply system without chlorinating
the water before it entered the distribution system in violation
of Section 604.401 of the PWS Regulations,
35 Ill. Adm. Code
604.401, and therefore Section 18 of the Act, Ill.Rev.Stat.,
ch.
111-1/2, par.
1018.
At no time during the period in question had
the
IEPA
exempted
Pow
Wow
from
the
requirements
of
604.401
of
35
Ill. Adm.
Code.
12.
Beginning on January 1,
1982, and continuing each day of
operation
up
to
the
date
of
filing
of
the
complaint,
Respondent
has failed to maintain a fluoride content of not less than 0.9
mg/L
nor
more
than
1.2
mng/L
in
the
public
water
supply
at
Tul-
locks
Woods
in
violation
of
Section
7(a)
of
the
“Vesting
Act”,
Ill.Rev.Stat.,
ch. 111—1/2,
par.
121(g) (1), Section 604.405 of
—6—
84—573
the PWS Regulations,
35 Ill.
Admn.
Code 604.405, and therefore of
Section 18 of the Act, Ill.Rev.Stat., ch.
111-1/2, par.
1018.
13.
On September 19,
1983,
an inspection of the Respondent’s
water supply system revealed the presence of a broken water main,
which had continued unrepaired for over a month, creating an ex-
treme potential for contamination within the water system.
By
causing or allowing the operation of the public water supply sys-
tem with a broken water main, respondent violated Section 18 of
the Act, I1l.Rev.Stat., ch.
111—1/2, par.
1018.
14.
Beginning on September 14,
1982, and continuing each day
of operation up to the date of filing of the complaint, Respon-
dent has failed to submit representative samples of the finished
water from the distribution system to a certified laboratory for
bacteriological analysis every month in violation of Section
605.101 of the PWS Regulations,
35
Ill.
Admit.
Code 605.101, and
therefore Sections 18 and 19 of the Act, 1l1.Rev.Stat.,
ch.
111—
1/2, pars.
1018,
1019.
15.
Beginning on September 14,
1982,
and continuing each day
of operation up to the date of filing of the complaint, Respon-
dent has failed to submit a representative sample of the finished
water to the Agency’s laboratory for chemical analysis in viola-
tion of Section 605.103 of PWS Regulations,
35 Ill. Adm. Code
605.103, and therefore Sections
18 and 19 of the Act,
Ill.Rev.Stat., ch.
111—1/2, pars.
1018,
1019.
—7—
84—574
16.
Beginning on November 3,
1982,
and continuing each day
of operation up to the date of filing of the complaint, Respon-
dent has failed to monitor and analyze the public water supply
system for the set radiological standards in violation of Section
605.106 of the PWS Regulations,
35
Ill.
Adin.
Code 605.106 and
therefore Sections
18 and 19 of the Act, Ill.Rev.Stat.,
ch.
111—
1/2, pars.
1018,
1019.
17.
Beginning on September 14, 1982,
and continuing each day
of operation up to the date of filing of the complaint, Respon-
dent has failed to submit monthly reports to the Agency and has
failed to report violations of requirements set forth in the PWS
Regulations therefore violating Sections 606.101 and 606.102(b)
of the PWS Regulations,
35
Ill. Adm. Code 606.101 and 606.102(b)
and Sections 18 and 19 of the Act, I11.Rev.Stat.,
oh.
111—1/2,
pars.
1018,
1019.
18.
On October 24,
1983,
Ira N. Markwood, manager of the
division of Public Water Supplies of the Agency,
sent an enforce—
merit notice letter to Mr. John Ditsch, then president of Pow Wow
Club.
The enforcement notice letter offered a meeting between
the Agency and Pow Wow as required by Section 31(d)
of the Act.
The enforcement notice letter encompassed all of the violations
of the Act and regulations expressed above.
19.
Pow Wow never replied to the Agency’s October
24, 1983
Enforcement Notice Letter.
20.
On August 3,
1984,
the Agency filed a complaint agains
Pow Wow with the Board in PCB 84-119,
in which the Agency a11eg~
—8—
84—575
that
through
the
operation
of
the
public
water
supply
in
Tullocks
Woods
subdivision,
Pow Wow violated Sections 18 and 19 of the
Illinois Environmental Protection Act, Ill.Rev.Stat., oh. 111—1/2
par. 1018 and 1019;
Section 501 of the
Public Water Supply Act,
oh.
111-1/2, par. 501; Section 7(a)
of the “Vesting Act”,
Ill.Rev.Stat.,
oh.
111-1/2, par.
121(g) (1); and Sections 603.103,
604.401, 604.405, 605.101,
605.103, 605.106,
606.101 and
606.102(b)
of the Rules and Regulations of the State of Illinois,
35 Ill.
Admit.
Code.
IV.
SECTION 33(c) CRITERIA
Section 33(c)
of the Illinois Environmental Protection Act
provides:
In making its orders and determinations, the Board
shall take into consideration all the facts and cir-
cumstances bearing upon the reasonableness of the
emissions, discharges,
or deposits involved includ-
ing, but not limited to:
1.
the character and degree of injury to, or
interference with the protection of
the
health,
general welfare and physical property of the
people;
2.
the
social
and
economic
value
of
the
pollution
source;
3.
the
suitability
or
unsuitability
of
the
pollu-
tion
source
to
the area in which it is located,
including the question of priority of location
in the area involved; and
4.
the technical practicability and economic rea-
sonableness of reducing or eliminating the
emissions, discharges or deposits resulting
from such pollution source.
Ill.Rev.Stat.
(1985)
ch.
111 1/2, par.
1033(c).
—9—
84—576
In response to each of these factors the parties state as
follows:
A.
Pow Wow’s actions as described herein unnecessarily sub-
jected the residents of Tullock’s Woods to the threat of an un-
safe water supply.
B.
Pow Wow’s public water supply at Tullocks Woods was of
considerable social and economic benefit to the residents
thereof.
C.
Pow Wow’s public water supply was suitable to the Tul—
locks Woods subdivision of Rockford,
Illinois.
D.
It was technically practicable and economically rea-
sonable for Pow Wow to comply with the various sections of the
acts and regulations which it violated.
V.
PROPOSED TERMS OF SETTLEMENT
The parties having agreed that
it
is in the best interest of
the public and the parties hereto to resolve this proceeding
without further litigation, have developed the following com-
pliance program to bring Respondent’s Public Water Supply into
compliance with the requirements of the Illinois Environmental
Protection Act,
the Public Water Supply Act, the Vesting Act and
the
Public
Water Supply Regulations of 35
Ill.
Acim.
Code.
The
Respondent,
as part of this compliance program, has agreed to
—
10
—
84—577
operate the 19 groundwater wells in the Tullocks Woods subdivi-
sion as
19 separate public water supplies,
as that term is de-
fined under Section 3.28 of the Act, Ill.Rev.Stat.
(1985)
ch.
111-1/2, par.
1003.28.
This alternative for site compliance was
chosen so as to safeguard the health of the residents of Tullocks
Woods.
As outlined below, the 19 public water supplies located
in Tullocks Woods subdivision will now begin a water quality sam-
pling program.
A.
During December,
1985,
the well captains for each of the
nineteen groundwater wells at Tullocks Woods subdivision submit-
ted notification of ownership or responsible personnel forms to
the Agency.
These notifications established nineteen separate
public water supplies at Tullocks Woods.
Each of these public
water supplies are individually responsible for ensuring their
own compliance with all applicable statutes, rules and regula-
tions of the State of Illinois, notwithstanding any joint main-
tenance agreements.
B.
During December, 1985,
the well captains of the nineteen
groundwater wells submitted exemption application forms, request-
ing exemption from the requirements that each public water supply
comply with the chlorination requirements of Section 604.401 of
35 Ill.
Adm. Code,
and the certified operator requirements of
Section 603.103 of 35 Ill.
Adm.
Code.
The Agency granted both of
these exemption requests during January,
1986.
C.
During December,
1985, the well captains of the nineteen
groundwater wells submitted forms titled, “Registration of person
—
11
—
84—578
in responsible charge for water supplies which have received ex—
emnption status
from
the requirement for a certified operator”,
in
order to comply with Section 603.104 of 35 Ill. Adm.
Code.
D.
Beginning in February,
1986,
and continuing henceforth,
the nineteen public water supplies at Tullocks Woods will submit
to the Agency the semi—monthly groundwater well samples as re-
quired by Section 605.101 of 35 Ill. Adm. Code (bacterialogical
sampling).
E.
The nineteen public water supplies at Tullocks Woods
will comply with the Chemical Analysis sampling requirements of
Section 605.103 of 35 Ill.
Admit. Code and the Radiological Analy-
sis Sampling requirements of Section 605.106 of 35 Ill.
Adin.
Code, when called upon by the Agency to do so.
F.
Beginning in December,
1985,
all gate valves which
interconnect the groundwater wells
at Tullocks Woods were perma-
nently closed, thereby limiting each groundwater well to servic-
ing only 9 separate lots or properties.
Thus none of the wells
meet the definition of “public water supply” found in Section
1
of the Vesting Act, Ill.Rev.Stat.,
ch.
111—1/2, par.
121(a),
which
provides
in part:
“Public water supply” means all mains,
pipes,
and structures through which water
is obtained and distributed to the public
where 10 or more separate lots or
properties are being served or intended to
be served
.
.
.
Since none of the wells at Tullocks Woods are public water
supplies under the Vesting Act, none of the wells must comply
—
12
—
84—579
with the fluoridation requirement of Section 7(a) of the Vesting
Act, Ill.Rev.Stat.,
ch.
111-1/2, par.
121(g) (1), or Section
604.405 of 35 Ill.
Admit.
Code.
G.
Beginning in February,
1986,
and continuing henceforth
the nineteen public water supplies at Tullocks Woods will submit
a monthly operating report to the Agency as required by Section
606.101 of 35
Ill. Adm.
Code.
The nineteen public water supplies
at Tullocks Woods further agree to comply with the reporting re-
quirements of Section 606.102(b) of 35 Ill. Adm. Code.
H.
In consideration of the above listed actions taken by
Respondent,
Pow Wow, to obtain compliance with the Illinois Envi-
ronmental Protection Act, the Public Water Supply Act, and the
Vesting Act,
as well as Pow Wow’s agreement to pay $1,500.00 to
the Illinois Environmental Protection
Fund
at the intervals
herein specified, Complainant, Illinois Environmental Protection
Agency,
releases, waives and discharges Pow Wow from any and all
liability or penalties under the above specified acts,
for any
conduct that was the subject matter of the Complaint.
VI.
PENALTY
The parties agree that in consideration of Pow Wow’s con-
duct, the foregoing compliance program, and the cost to Pow Wow
of coming into compliance with the public water supply regula-
tions of 35 Ill.
Adm. Code,
a Civil penalty of $1,500.00 is rea-
sonable and would serve as an appropriate aid in enforcement of
—
13
—
84—580
the Act.
The penalty shall be paid to the Environmental Protec-
tion Trust Fund of Illinois in accordance with the following
schedule:
$500.00 on October 19,
1987;
$500.00 on or before November 30,
1987; and
$500.00 on or before December 30,
1987.
Payment shall be made by certified check or money order and
shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.
0. Box 19276
Springfield,
IL 61794—9276
WHEREFORE,
Complainant and Respondent jointly pray that the
Board adopt and accept the foregoing stipulation and settlement
as written.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY _______________________
DATE:
Oc~1?~
-~
1
,‘
2J~
nag r, Enforcement
POW WOW CLUB, INC.
BY:________________________
DATE:
AL LABUNSKI
President
BY:________________________
DATE:
MICHAEL HAVRILESKO
attorney for Pow Wow Club,
Inc.
—
14
—
84—581
the Act.
The penalty shall be paid to the Environmental Protec-
tion Trust Fund of Illinois in accordance with the following
schedule:
$500.00 on October 19,
1987;
$500.00 on or before November 30, 1987; and
$500.00 on or before December 30,
1987.
Payment shall be made by certified check or money order and
shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.
0. Box 19276
Springfield,
IL 61794—9276
WHEREFORE, Complainant and Respondent jointly pray that the
Board adopt and accept the foregoing stipulation and settlement
as written.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:_______________________
DATE:__________________
JOSEPH
E. SVOBODA
Manager, Enforcement
POW WOW CLUB,
INC.
BY
:________________
DATE:
~9d
/3/ / ~
7
President
BY:)~~~
~
DATE:
/5
77
MICHAEL
HAVRILESKO
attorney for Pow Wow Club,
Inc.
—
14
—
84—582
ATTORNEY GENERAL NEIL F.
HARTIGAN
BY:
~
_________________
JdSEP~
CLAPS
DATE:
/~//~~/~
7
Environmental Control Divis
n
Assistant Attorney General
mddoo11
—
15
—
84—583
