ILLINOIS POLLUTION CONTROL BOARD
April 19, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF NEBO, an Illinois municipal
corporation,
Respondent.
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PCB 07-41
(Enforcement - Water)
ORDER OF THE BOARD (by A.S. Moore):
On November 20, 2006, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against the Village of Nebo (the Village).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that the Village
violated Sections 15(a), 18(a)(1), 18(a)(2), and 18(a)(3) of the Environmental Protection Act
(Act) (415 ILCS 5/15(a), 18(a)(1), 18(a)(2), 18(a)(3) (2004)); Sections 370.1021, 601.101,
611.240(g), 611.521(a), 611.831, 653.601, and 653.605 of the Board’s regulations (35 Ill. Adm.
Code 370.1021, 601.101, 611.240(g), 611.521(a), 611.831, 653.601, 653.605); and a condition of
its operating permit No. 0994-FY1984.
The People further allege that the Village violated these provisions by failing to submit
results of coliform sampling, failing to submit required operating reports, failing to maintain
minimum chlorination, failing to meet disinfection requirements, preventing access to the
Village’s water plant by the Illinois Environmental Protection Agency, allowing the Village’s
water plant to exceed its permitted flow rate without obtaining approval, improper equipment
location, and improper chemical storage. The complaint concerns the Village’s public water
supply facility located in Pike County.
On March 19, 2007, 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)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, the Village admits the violations alleged in counts I, II, V, and VI of the complaint
and does not affirmatively admit the violations alleged in counts III and IV of the complaint.
The Village agrees to pay a civil penalty of $1,500.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on April 19, 2007, by a vote of 3-0
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board