kit±CEIfVE~
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SEP
1
2
2003
STATE
OF
ILLINOIS
Pollution
Control Board
OFFICE
OF THE KTORNEY
GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
September 9, 2003
‘Li-i
The Honorable
Dorothy Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People v.
Village of
Enfield
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT, MOTION FOR RELIEF FROM HEARING REQUIREMENT and STIPULATION AND
PROPOSAL FOR SETTLEMENT in regard to the above-captioned matter.
Please file the original
and
return
a file-stamped
copy
of
the document
to
our office
in
the enclosed
self-addressed,
stamped
envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
O
Sally A.
Carter
•
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
SAC/pp
Enclosures
500 South Second
Street, Springfield, Illinois
62706
•
(217)
782-1090
•
‘lTFY:
(217)
785-2771
•
Fax:
(217) 782-7046
100
West
Randolph Street,
Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY:
(312)
814-3374
•
Fax:
(312)
814-3806
1001
East Main, Carbondale, Illinois
62901
•
(618)
529-6400
•
TTY: (618)
529-6403
•
Fax:
(618)
529-6416
•
•
/
••
•~
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S
OFFICE
PEOPLE OF THE STATE OF
)
-
-
-
•
SEP
1.
22003
ILLINOIS,
)
•
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
v.
)
PCBOI-167
•
)
VILLAGE OF
EN FIELD,
an Illinois
)
municipal
corporation,
)
Respondent.
NOTICE
OF FILING
To:
Village of Enfield
Thomas J.
Harbour, Village
President
115
E.
Main
P.O.
Box 99
Enfield,
IL 62835
PLEASE TAKE NOTICE that on
this date
I mailed for filing with the Clerk of the Pollution
Control
Board
of the State
of Illinois,
a
COMPLAINT,
MOTION
FOR
RELIEF
FROM HEARING
REQUIREMENT and
STIPULATION AND
PROPOSAL FOR
SETTLEMENT,
a
copy of which is
attached hereto
and
herewith served upon you.
Respecifully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State of Illinois
•
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
Ad~~
~2
SALI~’A.CARTER
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: September 9,
2003
CERTIFICATE OF SERVICE
I hereby certify that
I did
on
September
9,
2003, send by First Class
Mail, with postage
thereon fully prepaid, by depositing in
a United
States
Post Office
Box a true
and
correct copy
of the following instruments
entitled
NOTICE OF
FILING,
COMPLAINT,
MOTION
FOR RELIEF
FROM
HEARING REQUIREMENT and
STIPULATION AND
PROPOSAL FOR SETTLEMENT:
To:
Village of Enfield
Thomas J.
Harbour, Village President
115
E.
Main,
P.O.
Box
99
Enfield,
IL 62835
and
the original and ten copies by
First Class
Mail with
postage thereon fully
prepaid of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control
Board
State of
Illinois Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
/~th~
Sally A4~arter
Assistant Attorney General
This filing is submitted
on
recycled paper.
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
)
V.
)
PCBNO.
)
(Enforcement)
VILLAGE
OF ENFIELD, an
Illinois
)
municipal corporation
)
Respondent.
COMPLAINT
The PEOPLE OF THE STATE
OF
ILLINOIS,
by LISA MADIGAN, Attorney General of
the State of Illinois, at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
complains of Respondent, VILLAGE
OF ENFIELD, as follows:
COUNT
I
CONSTRUCTION PERMIT VIOLATIONS
1.
This
Complaint
is
brought on behalf of the People of the State of
Illinois,
by Lisa
Madigan, the Attorney General of the State of
Illinois, on
her own
motion and
at the request of
the Illinois Environmental
Protection Agency (“Illinois
EPA”), pursuant to Section
31
of the
Illinois
Environmental Protection Act (“Act”), 415
ILCS 5/31
(2002).
2.
The Illinois
EPA is an agency of the State of Illinois
created by the Illinois
General Assembly
in
Section
4 of the Act, 415
ILCS 5/4 (2002),
and which is charged, kiter a~a,
with the duty of enforcing the Act.
3.
The Respondent,
Village of Enfield (“Enfield”) is
an
Illinois municipal corporation
providing water to approximately 900
people through approximately 364 direct service
connections.
The Village
of Enfield public water supply is located
in
Enfield,
White County,
1
Illinois.
The Village of
Enfield obtains water from the Rend
Lake Intercities Water System via
the Hamilton County Water District.
4.
Section
3.315 of the Illinois
Environmental Protection
Act (“Act”), 415
ILCS
5/3.315 (2002),
provides:
“PERSON” is any individual,
partnership, co-partnership, firm,
company,
corporation, association, joint stock company,
trust, estate,
political subdivision,
state agency or any other legal entity or their legal representative, agent or
assigns.
5.
Section
15 of the Act, 415 ILCS 5/15
(2002),
provides
as follows:
Owners of public water supplies, their authorized
representative,
or legal
custodians, shall submit plans and
specifications to the Agency and
obtain
written approval
before construction of any proposed public water supply
installations,
changes or additions is started.
Plans and
specifications shall
be
complete and of sufficient detail to show all
prbposed
construction,
changes, or
additions that may affect sanitary quality,
mineral quality, or adequacy of the
public water supply;
and, where necessary,
said plans
and specifications shall
be
accompanied by supplemental
data as may
be required
by the Agency to permit
a complete review thereof.
6.
Section
17(a) of the Act, 415
ILCS 5/17(a) (2002),
provides:
The Board
may adopt regulations governing the location, design,
construction,
and
continuous
operation and
maintenance of public water supply installations,
changes or additions which may affect the continuous sanitary quality, mineral
quality, or adequacy of the public water supply,
pursuant to Title VII of this Act.
7.
Section 602.101
of the Board
Regulations,
35
III.
Adm.
Code 602.101, provides
in
pertinent
part:
a)
No person shall cause or allow the construction of any new public water
supply installation or cause or allow the change
of or addition
to
any
existing public water supply, without a construction permit issued
by the
Environmental Protection Agency
(Agency).
Public water supply
installation, change, or addition shall not include routine maintenance,
service
pipe connections, hydrants and valves,
or replacement of
equipment,
pipe
and appurtenances with equivalent equipment, pipe,
and
appurtenances.
8.
On May 15, 2000,
the Illinois
EPA received an anonymous
telephone call
reporting the installation of an
unpermitted water main
on the south
side of Illinois
Route
14 in
2
the Village of Enfield.
A review of the Illinois EPA files indicated that no permits had
been
issued to Enfleld for any extensions to be
made along
Illinois
F~oute14.
9.
On May 18,
2000, the
Illinois
EPA representative conducted
an inspection
in
Enfield.
The Illinois EPA
inspector observed that approximately 2000 feet of water main had
been installed on the south side of Illinois Route
14.
There were still
lengths of the pipe that
were used
in the extension
laying
at the end
of the construction.
The Illinois EPA inspector
noted
that there was no
hydrant on the end
of the watermain.
The
Illinois
EPA inspector further
observed
a meter pit set on the north side of Route
14 and
a “service
line” was trenched
to the
house through the corn field.
10.
At that time,
Enfield’s Superintendent of Utilities,
Mr. John
Smith, stated that the
line was constructed without a permit to avoid the cost of hiring
an
engineer to
prepare plans
and
specifications for submission to the Illinois
EPA.
Smith stated that
Enfield
had
installed
other water mains
without obtaining Illinois
EPA construction and
operating
permits,
but did
not
reveal the number or location of those mains.
Smith also requested
bottles for sampling
the
water line,
and the Illinois
EPA inspector directed
him
to obtain sample bottles from
the
laboratory used
by Enfield.
11.
On June
7,
2000, the Illinois EPA issued
a Violation
Notice
(“VN”) to
Enfield,
citing the construction and
operation of a water main without
Illinois EPA
construction and
operating
permits.
12.
In
a letter dated July 25,
2000,
Enfield responded to
the VN stating
that it failed
to apply for construction
and operating
permits for the subject water
main because it was a
“rush job.”
13.
The Illinois EPA responded
in a letter dated
August 10, 2000,
stating that the
Illinois EPA was considering referring this matter for enforcement.
On
September 27, 2000, the
3
Illinois EPA issued a
Notice of Intent to Pursue
Legal Action
letter to Enfield for the violations
contained
in the Violation
Notice.
14.
The Illinois EPA held
a teleconference with Enfield on October 25, 2000.
During
the teleconference, Enfield’s
Superintendent of Utilities admitted
to constructing the water main
and
stated that Enfield would
submit plans and specifications for the. water mains that had
been
installed and
operated without Illinois EPA permits.
15.
On June 5,
2000,
Brown,
Roffmann
&
Roberts,
Inc.,
Enfield’s engineering firm,
submitted
plans and
specifications
for 3000 feet
of water main
installed
on Route
14.
The
Illinois EPA issued As-Built Permit Number 2361-FY2000 on
November 30, 2000.
16.
On November 30, 2000,
Enfield submitted
plans and specifications
(“Log.
No.
2001-1233”) for an additional
33,500 of water main that was constructed and
operated
on
Route 14
without Illinois
EPA permits, requesting that the Illinois EPA add that water main to
Permit Number 2361-FY2000.
17.
On December
21, 2000, the
Illinois EPA sent a letter to
Enfield’s engineering
firm,
stating
that additional water mains could
not be added
to
Permit Number 2361-FY2000
and that the Illinois EPA would issue a separate As-Built
Permit for the additional
33,500 feet of
water main
on
Route
14 after Enfield submitted
plan
revisions and sample results for that
portion of the water line.
The Illinois EPA directed
Enfield to sample for bacteriological
contamination at all dead
ends and
at taps located every 2000 feet on the water line.
18.
Enfield submitted the required
revisions to
the plans
and specifications
but failed
to submit bacteriological sample results for the water main.
Enfield
continues to operate that
33,500-foot portion of the water main
on
Route
14 without an
Illinois
EPA permit.
4
19.
By causing or allowing
the construction of any new public water supply
installation without a construction permit issued
by the Illinois
EPA, the Village of Enfield has
violated 35
Ill. Adm.
Code 602.101
and
Section
15 of the Act, 415
ILCS 5/15
(2002).
PRAYER FOR
RELIEF
WHEREFORE, the
Complainant, People of the State of Illinois, respectfully requests
that this Board grant the following relief:
A.
Find that the Respondent has violated
Section
15, of the Act, 415
ILCS 5/15
(2002) and
35
III. Adm.
Code 602.101;
B.
Order the Respondent to cease and
desist from further violation
of the Act and
associated regulations;
C.
Assess against the Respondent a monetary penalty of up to
fifty thousand
dollars ($50,000) for each violation and
up to an
additional ten thousand dollars
($10,000) for
each
day that the violation has continued;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2002),
award the
Complainant
its costs
in
this matter, including
reasonable attorney’s fees and
expert witness
costs;
and
E.
Grant
such other and further relief as
this Board deems
appropriate.
COUNT
II
OPERATION
PERMIT VIOLATIONS
BY THE
VILLAGE OF ENFIELD
1.
This Count
is
brought by the Attorney General on her own
motion.
2-18.
Complainant realleges and
incorporates
herein
by reference paragraphs
2
through
18 of Count
I
as paragraphs 2 through
18
of this Count
II.
19.
Section
18(a)(3),
415 ILCS 5/18(a)(3)
(2002),
provides as follows:
No person shall:
5
(3)
Construct, install or operate any
public water supply without a permit
granted by the Agency, or in violation of any
condition imposed
by such a
permit.
20.
Section 602.102 of the Board
Regulations, 35
III. Adm.
Code 602.102, which
provides as follows:
Operating permits
No owner or operator of a public water supply
shall cause or allow the
use or
operation of any new public water supply, or any new addition to an existing
supply, for which a Construction Permit is required
under this Part, without an
Operating Permit issued by the Agency.
21.
By causing or allowing the operation of any new public water supply installation
without an
operating permit issued by the Illinois EPA,
the Village of Enfield
has violated 35
III.
Adm.
Code 602.102 and
Section
18(a)(3) of the Act, 415
ILCS 5/18(a)(3)
(2002).
PRAYER FOR
RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board
grant the following relief:
A.
Find that
the Respondent has violated Section
1 8(a)(3) of the Act, 415 ILCS
5/18(a)(3) (2002),
and
35
III. Adm. Code 602.102;
B.
Order the Respondent to cease
and desist from further violation
of the Act and
associated regulations;
C.
Assess against the Respondent a monetary penalty of up to fifty thousand
dollars ($50,000) for each violation
and
up to an additional
ten thousand dollars
($10,000) for
each day that the violation
has
continued;
D.
Pursuant to
Section
42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award the
Complainant its
costs
in this matter,
including
reasonable attorney’s fees
and expert witness
costs; and
6
E.
Grant such other and further relief as this Board
deems appropriate.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:___________________
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental
Bureau
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031,
Dated:_________
• enfieldcomplain
common
7
RECEIVED
CLERK’S
OFFICE
•
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
SEP
122003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
V.
)
PCB NO.OI
)
(Enforcement)
VILLAGE
OF
ENFIELD, an Illinois
municipal
)
corporation
)
Respondent.
)
-
MOTION
FOR RELIEF
FROM
HEARING
REQUIREMENT
NOW
COMES
the Complainant, PEOPLE OF THE
STATE OF ILLINOIS,
by Lisa
Madigan, Attorney General of the State of
Illinois,
and pursuant to
subsection 32(c)(2) of the
Illinois Environmental
Protection Act (“the Act”), 415 ILCS 5/32(c)(2)
(2002),
moves that the
Illinois Pollution
Control
Board
(“the Board”) grant the PEOPLE OF THE
STATE OF ILLINOIS
and VILLAGE
OF ENFIELD,
relief from the hearing
requirement in
the above-captioned matter.
In
support of this motion, Complainant states
as follows:
1.
Simultaneously with the filing of this motion,
the Complainant
is filing a Complaint
with the Board, alleging
that the Respondent failed to
obtain construction and
operating
permits
for new water mains prior to
construction and operation of said mains.
2.
The People of the State of Illinois and the Respondent,
Village of Enfield,
have
reached agreement
on all outstanding
issues
in this matter.
3.
This agreement
is memorialized
and
presented to
the Board
in a
Stipulation and
Proposal for
Settlement, filed contemporaneously with
this
motion.
4.
The parties, the People of the State of Illinois
and Village of Enfield agree that a
hearing
on the Stipulation and
Proposal for Settlement
is not necessary,
and
request relief from
such a hearing
as provided pursuant to subsection
31 (c)(2) of the Act, 415
ILCS 5/31 (c)(2)
(2002).
WHEREFORE, Complainant,
People of the State of Illinois, hereby respectfully requests
that the Board
grant this
Motion for Relief from the Hearing
Requirement
between Village of
Enfield and the People
of the State of
Illinois, as set
forth
in subsection
31(c)(2) of the Act, 415
ILCS 5/31(c)(2)
(2002).
Respectfully submitted,
PEOPLE OF THE STATE
OF ILLINOIS
•
•
LISA MADIGAN
•
-
-
ATTORNEY
GENERAL
MATTHEW J.
DUNN, Chief
Environmental Enforcement Division
BY:______________
SALLYOA.
CARTER
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
21 7/782-9Q3i
Dated:
~~fc/Jo3
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARDCLERK’s
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP
122003
)
•
STATE OF ILLINOIS
Complainant,
)
•
Pollution
Control Board
v.
)
PCBNO.
)
(Enforcement)
)
VILLAGE OF ENFIELD, an Illinois municipal
)
corporation,
)
)
Respondent.
)
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLiNOIS, by LISA
MADIGAN, Attorney General ofthe State ofIllinois, at the request ofthe Illinois Environmental
Protection Agency, and Respondent, Village ofEnfield (“Enfield”), and hereby submit this
Stipulation and Proposal for Settlement.
The parties agree that the statement offacts contained
herein represents a fair summary ofthe evidence and testimony which would be introduced if a
full hearing were held.
The parties agree that this Settlement is a compromise ofa disputed
claim.
The parties further stipulate that this statement of facts is made and agreed upon for the
purposes of settlement only,
and that neither the fact that a partyhas entered into this Stipulation
and proposal for settlement, nor any ofthe facts stipulated herein, shall be introduced into
evidence in
this or any other proceeding except to enforce the terms hereof by the parties to
this
agreement.
Notwithstanding the foregoing, this Stipulation and Proposal for Settlement
and any
Illinois Pollution Control Board (“Board”) order accepting same may be used as a matter of
record
in any future permitting or enforcement actions to be considered forpurposes of Section
42(h) ofthe Illinois Environmental Protection Act (“Act”),
415
IILCS
5/42(h)
(2002). This
1
agreement shall be null and void unless the Board approves
and disposes ofthis matter on each
and every one ofthe terms and conditions ofthe Settlement set forth herein.
I.
JURISDICTION
The Board hasjurisdiction of the subject matter herein and ofthe parties consenting
hereto pursuant to the Act, 415 ILCS
5/1 et seq.
(2002).
II.
AUTHORIZATION
The undersigned representatives for each partycertify that they are fully authorized by the
partywhom theyrepresent to enter into the terms and conditions ofthis Stipulation
and Proposal
for Settlement and to legally bind them to it.
•
III.
APPLICABILITY
This Stipulation and Proposal for Settlement shall apply to and be binding upon the
Complainant and the Respondent, Village ofEnfield,
and any officer, director,
agent, employee
or servant ofRespondent, as well as the Respondent’s successors and assigns.
The Respondent
shall not raise as a defense to
any enforcement action taken pursuant to this Settlement the failure
ofits
officers, directors, agents, servants,
or employees to take such action as shall be required to
comply with the provisions
ofthis
Settlement.
IV.
STATEMENT OF FACTS
1.
The Illinois Environmental Protection Agency (“Illinois
EPA”) is an
2
-~-
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—
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—
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—--—-
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administrative agency established in the executive branch ofthe Sta.te governxn~ent
by Section 4
—
ofthe Act, 415 ILCS 5/4 (2002), and charged,
inter alia,
with the duty of enforcing the Act.
2.
Respondent, Village ofEnfield is an Illinois munkipal corporation providing
‘water to approximately 900 people through approximately 364 direct service connections.
The
-
Village ofEnfield public water supplyis located in Enfield, White County, Illinois.
The Village
ofEnfield obtains water from the Rend Lake Jntercities Water System via the Hamilton County
Water District.
3.
On May
15,
2000, the Illinois EPA received an anonymous telephone call
reporting the installation ofan unpermitted water main on the south side bf IllTi~oisRoute 14
in
-
the Village of Enfleld.
A review ofthe Illinois EPA files indicated that no permits
had been
issued to Enfield for any extensions to
be made along Illinois Route
14.
4.
On May 18, 2000, the Illinois EPA representative conducted an inspection in
Enfield.
The Illinois EPA inspector observed that approximately 2000 feet ofwater main had
been installed on the south side ofIllinois Route 14.
There were still lengths ofthe pipe that
were used in the extension laying at the end of the construction.
The Illinois EPA inspector
noted that there was no hydrant on the
end ofthe watermain.
The Illinois EPA inspector further
observed a meter pit set
on the north side of Route
14 and
a “service line” was trenched to the
house through the corn field.
5.
At that time, Enfield’s Superintendent ofUtilities, Mr. John Smith, stated that the
line was constructed without a permit to
avoid the cost ofhiring an engineer to prepare plans and
specifications for submission to
the Illinois EPA.
Smith stated that Enfield had installed other
water mains without obtaining Illinois EPA construction and operating permits, but did not
3
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reveal the number or location ofthose mains.
Smith also reque~ted
bottles foisampling the
•
•
‘water line, and the Illinois EPA inspector directed him to
obtain saiiiple bottles from th~
laboratory used by Enfield.
•.:
-
6.
On June 7, 2000, the Illinois EPA issued a Violation Notice (“VN”) to Enfield,
citing the construction and operation ofa water main without Illinois EPA construction and
-
operating permits.
-
7.
In a letter dated July
25,
2000, Enfield responded to the VN stating that it failed to
apply for construction and operating permits forthe subject water main because it was a “rush
job.”
8.
The Illinois
EPA responded in a letter dated August 10, 2000, stating that the
Illinois EPA was considering referring this matter for enforcement.
On September 27, 2000, the
Illinois EPA issued a Notice ofIntent to
Pursue Legal Action letter to Enfield for the violations
contained in the Violation Notice.
9.
The Illinois EPA held a teleconference with Enfield on
October
25,
2000.
During
the teleconference, Enfield’s Superintendent of Utilities admitted to constructing the water main
and stated that Enfield would submit plans and specifications for the water mains that had been
installed and operated without Illinois EPA permits.
10.
On June
5,
2000, Brown, Roffmann
& Roberts, Inc., Enfield’s engineering firm,
submitted plans and specifications for 3000 feet of water main installed on Route
14.
The
Illinois EPA issued As-Built Permit Number 236 1-FY2000
on November 30, 2000.
11.
On November 30,
2000, Enfield submitted plans and specifications (“Log. No.
2001-1233”)
for an additional 33,500 ofwater main that was constructed and operated on Route
4
CONSIDERATION OF SECTION 42(H) FACTORS
Section 42(h) ofthe Act, 415
TLCS
5/42(h)
(2002), provides:
***
h.
in determining the appropriate civil penalty to be imposed under subdivisions (a),
(b)(1), (b)(2), (b)(3), or
(b)(5)
ofthis
Section, the Board is authorized to
consider
any matters ofrecord in mitigation or aggravation ofpenalty,
including but not
limited to the following factors:
1.
the duration and gravity ofviolation;
2.
the presence or absence ofdue diligence on the part ofthe violator in
attempting to comply with the requirements ofthis Act and regulations
thereunder or to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the violator because of delay in
compliance with requirements;
4.
the amount ofmonetary penalty which will serve to deter further violations
by the violator and to
otherwise aid in enhancing voluntarycompliance
with this Act by the violator and other persons similarly subject to the Act;
and
5.
the number, proximity in time, and gravity ofpreviously adjudicated
violations ofthis
Act by the violator.
***
In response to these factors, the parties state as follows:
1.
The Respondent caused or allowed the construction of any newpublic water
supply installation without a construction permit issued by the Illinois EPA and caused or
allowed the operation ofany new public
water supply installation without an operating permit
issued by the Illinois. EPA since at least May
15,
2000, and continued through at least May 21,
2003, and
other dates known by Respondent.
2.
The Respondent attained the required As-Built Permit for the 33,500 potion of the
8
‘water main installation on Route
14 on July 28, 2003.
3.
The economic benefit accrued by the Respondent’s noncompliance is the savings
realized by causing or allowing
the construction and operation ofthe public watermain
installation without a permit issued by the Illinois EPA.
4.
The Plaintiff had determined, in this instance, that a settlement ofthree thousand
dollars ($3,000.00) will serve to deter violations and aid in future voluntary compliance with the
Act and applicable regulations.
5.
There are not previously adjudicated violations ofthe Act by the Respondent.
IX.
TERMS OF SETTLEMENT
A.
The Respondent admits
violations of Sections 15
and 18(a)(3) ofthe Act, 415
ILCS 5/15 andl8(a)(3) ofthe Act (2002), 35
Ill. Adm. Code 602.101
and 602.102, and any and
all other statutory orregulatory provisions ofIllinois law.
B.
The Respondent shall pay a settlement ofthree thousand dollars ($3,000.00) into
the Illinois Environmental Protection Trust Fund within thirty (30) days from the date on which
the Pollution Control Board adopts a final order approving this Stipulation and Proposal for
Settlement.
Payment shall be made by certified check or moneyorder,
payable to the Treasurer
ofthe State ofIllinois,
designated to the Environmental Protection Trust Fund, and shall be
sent
by first class mail to:
Illinois
Environmental Protection Agency
Fiscal Services Section
1021
North Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
9
Respondent’s Federal Employer Identification Number (“FEIN”) shall be written upon the
certified check or money order.
Respondent’s FEIN is:
37—0840479
A copy ofthe payment transmittal and check shallbe simultaneously submitted to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
-
Springfield, Illinois 62706
C.
Respondent shall comply with 15 and 18(a)(3) of the Act, 415 ILCS
5/15
andl8(a)(3) ofthe Act (2002), 35
Ill. Adm.
Code 602.101
and 602.102 and shall cease and desist
from any violations of other federal, state or local environmental statutes and regulations,
including the Act and the Board Rules and Regulations.
x.
COMPLIANCE WITH OTHER LAWS
AND
REGULATIONS
This Stipulation and Proposal
for Settlement in no way affects the responsibility of
Respondent to comply with any federal, state, or local regulations, including but not limited
to
the Act, 415
ILCS
5/1
et seq.
(2002), and the Board’s Rules and Regulations, 35
Ill. Adm. Code,
Subtitles A through H.
10
WHEREFORE,
Complainant
and Respondent request that the Board adopt and accept the
foregoing Stipulation and Proposal
for Settlement as written.
-
-
Respectfully submitted,
PEOPLE
OF THE STATE OF iLLINOIS,
LISA MADIGAN
•
Attorney General
State ofIllinois
-
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
DATED:______
BY:_______________
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
ILLINOIS ENVIRONMENTAL
PROTECT
GENCY
DATED:_______
~
Division ofLegal Counsel
•VILLAGE OF ENFIELD
DATED:
7
$~2o&3
BY:
9
~
THOMAp. HARBOUR
Mayor
11
