ILLINOIS POLLUTION CONTROL BOARD

September 7, 2006

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

Respondent.

)

PCB 07-4

(Enforcement - Water)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On July 19, 2006, the Office of the Attorney General, on her own motion and at the

request of the People of the State of Illinois (People), filed a six-count complaint against Village

of Tinley Park (Village).

See

415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204.

Accompanying the complaint was a stipulation and proposal for settlement. The complaint

concerns the discharge of 5,000 gallons of sewage through a crack in Village of Tinley Park’s

sewage main at 171st Street and 80th Avenue, in Tinley Park, Cook County into Midlothian

Drainage Ditch.

ed Sections 12(a), (d), and (f) of the

Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), and (f) (2004)) and 35 Ill. Adm.

Code 302.203, 304.105, 304.106, 306.102, 306.304, and 309.102(a). The People further allege

that the Village violated these provisions by (1) causing, threatening, or allowing gray sediment

to accumulate in a drainage ditch, thereby causing, threatening, or allowing water pollution; (2)

depositing raw sewage on land in a way that created a water pollution hazard; (3) causing,

threatening, or allowing the deposit of pollutants into waters of the State without a National

Pollutant Discharge Elimination System permit; (4) causing or allowing a discharge of untreated

sewage that resulted in a violation of the water quality standard; (5) causing or allowing a

threatening an offensive discharge containing settleable solids and having an offensive odor into

the waters of the State; and (6) failing to employ appropriate preventative measures so as to

cause the discharge of untreated sewage into waters of the State.

On July 19, 2006, the People and the Village 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)), which requires that the public have an opportunity to request a hearing

whenever the State and a respondent propose settling an enforcement action without a public

hearing.

See

35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,

proposed settlement, and request for relief from hearing. The Board published newspaper notice

in the

Daily Southtown

on July 26, 2006; any timely hearing request was due to be filed

August 16, 2006. The Board did not receive any requests for hearing. The Board grants the

parties’ request for relief from the hearing requirement.

See

415 ILCS 5/31(c)(2) (2004); 35 Ill.

Adm. Code 103.300(b).

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include

stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of

respondents operations. Section 103.302 also requires that the parties stipulate to facts called for

by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the reasonableness of the

circumstances surrounding the alleged violations. The stipulation also addresses the factors of

Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil

penalty amount.

Under the proposed stipulation, the Village neither admits nor denies the alleged

violations but agrees to pay a civil penalty of $14,000. But the People agree to mitigate the civil

penalty to $5,000, based on the Village’s commitment to undertake a supplemental

environmental project (SEP) that has an approximate value of $30,000. The SEP, scheduled

under the terms of the stipulation for completion by July 30, 2006, will involve restoration and

stabilization of the stream bank along Midlothian Creek in the areas of Gentry Lane and

Lakewood Drive in the Edgewater Walk subdivision, to improve water quality in the Little

Calumet watershed. The SEP involves stabilizing 400 feet of stream bank and the removal of

litter from 2,000 feet of stream. The project will also include regrading the banks, placing riprap

on slopes, and placing native vegetation.

The People and the Village have satisfied Section 103.302. The Board accepts the

stipulation and proposed settlement. The Board has outlined the gist, but not the details, of the

stipulation’s contents in the order below. In summary, the Board assesses a civil penalty of

$14,000, mitigated to $5,000 payable by October 9, 2006, based on the Village’s commitment to

undertake a supplemental environmental project (SEP) that has an approximate value of $30,000.

The Board orders the Village to complete the SIP, and to cease and desist from violations.

The Board notes that the stipulation by its terms requires completion of the SEP by

July 31, 2006. As the stipulation was filed with the Board on July 18, 2006, the Board assumes

that the project was well underway at that time. So, the Board has not amended the completion

date, but allows the Village to certify completion by October 9, 2006 if it has not already done

so. If the Village fails to perform the SEP as stipulated, the Village must pay an additional

$9,000 within 30 days, as agreed by the parties in the stipulation.

This docket is now closed. This opinion constitutes the Board’s findings of fact and

conclusions of law.

ORDER

1. The Board accepts and incorporates by reference the stipulation and proposed

settlement. In summary, the Board assesses a civil penalty of $14,000, mitigated

to $5,000 based on the Village’s commitment to undertake a supplemental

environmental project (SEP) that has an approximate value of $30,000.

2. The Village of Tinley Park, through its attorney of record, must pay a civil

penalty of $5,000 no later than October 9, 2006, which is the first business day

after the 30th day after the date of this order. The Village’s attorney must pay the

civil penalty by certified check, money order, or electronic funds transfer, payable

to the Illinois Environmental Protection Agency, designated for deposit into the

Environmental Protection Trust Fund. The case number, case name, and the

Village’s federal employer identification number must be included on the certified

check, money order, or electronic funds transfer statement.

3. The Village, through its attorney of record, must send the certified check, money

order, or electronic funds transfer to the following address:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. The Village, through its attorney of record, must send a copy of the certified

check, money order, or record of electronic funds transfer and any transmittal

letter to the following person at the indicated address:

Jennifer A. Tomas

Assistant Attorney General

Environmental Bureau

500West Randolph St, Suite 2001

Chicago, Illinois 60601

5. The Village must undertake the SEP as described in Section VIII C of the

stipulation, which by its terms required completion of the SEP by July 31, 2006.

The SEP involves restoration and stabilization of the stream bank along

Midlothian Creek in the areas of Gentry Lane and Lakewood Drive in the

Edgewater Walk subdivision, to improve water quality in the Little Calumet

watershed. The SEP involves stabilizing 400 feet of stream bank and the removal

of litter from 2,000 feet of stream. The project will also include regrading the

banks, placing riprap on slopes, and placing native vegetation. If it has not

already done so in accord with the stipulation’s timetable, no later than October 9,

2006, the Village must certify completion of the SEP to the Agency and the

Office of the Attorney General at the addresses listed in paragraphs 3 and 4 of this

order.

6. In the event that the Village fails to implement the SEP as described in paragraph

5 above, the Village must remit the amount of $9,000 to the Agency within 30

calendar days after the event(s) or circumstance(s) resulting in the

nonperformance. Payment must be made as specified in paragraphs 3 and 4 of

this order.

7. Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2004)).

8. The Village must cease and desist from the alleged violations.

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2004);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on September 7, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board