ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF HOMETOWN, an Illinois municipal
    corporation,
    Respondent.
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    PCB 08-27
    (Enforcement – Public Water Supply)
    ORDER OF THE BOARD (by N.J. Melas):
    On November 20, 2006, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a two-count complaint against the City of Hometown
    (respondent). Hometown is located approximately eight miles southwest of downtown Chicago,
    Cook County, and is a satellite water supply that purchases finished Lake Michigan water from the
    City of Chicago.
    The parties now seek to settle without a hearing. For the reasons below, the
    Board directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement,
    and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. The two-count complaint concerns Hometown’s two “meter vaults,” a primary meter
    vault located at 87th Street and Kostner Avenue and another meter vault located at 87th Street and
    Rumsey Avenue in Hometown, Cook County. According to the complaint, the water flows from
    these two locations to Hometown’s residents. T
    he People first allege that Hometown violated
    Section 1 of the Public Water Supply Operations Act (415 ILCS 45/1 (2006))
    1
    by not having a
    certified operator responsible for its public water supply over a period of time in 2005 and 2006. The
    People also allege respondent failed to designate and notify the Illinois Environmental Protection
    Agency of the identity of a certified operator responsible for its public water supply, in violation of
    Section 18(a) of the Act, 415 ILCS 5/18(a)(2) (2006) and 35 Ill. Adm. Code Sections 603.102,
    603.103(a), and 603.105(b) of the Board’s rules.
    1
    Section 23 of the Public Water Supply Operations Act provides:
    Authority is hereby vested in the Illinois Pollution Control Board to conduct hearings on complaints
    charging that any public water supply owner, owner’s manager or agent, official custodian,
    municipal, state or other official has violated or aided and abetted the violation of Section 1 of this
    Act, or has refused or neglected to comply with any order issued by the Director, as herein provided
    for. Based on the determinations of the Illinois Pollution Control Board, the violator shall be
    penalized by the Illinois Pollution Control Board not less than $100.00 nor more than $1000.00 for
    each offense. 415 ILCS 45/23 (2006).
    2
    On March 5, 2008, the People and respondent 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2006)), 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). Under the proposed stipulation, the respondent
    admits the alleged violations and agrees to pay a civil penalty of $1,000.
    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.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on March 20, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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