ILLiN3I~ POLLUTION CONTROL
HOARD
November 19, 1987
ILLINOIS ENVIRONMENTAL
PROTECTiON AGENCY,
Complainant,
v.
)
PCB 86—110
VILLAGE OF DUNLAP,
Resoondent.
GERALD
T.
KARR, ASSISTANT
ATTORNEY GENERAL, APPEARED ON BEHALF OF
COMPLAINANT.
OPINION AND ORDER OF THE BOARD (by J.D. Durnelle):
This matter comes before the Board upon Complainant’s July
28, 1986 Complaint which alleges the following: Failure ~o
procure required construction permit(s) in violation of 35 Iii.
Adm. Code Section 309.202; failure to procure operating permit(s)
in violation of 35 Ill. Adm. Code Section 309.203; violation of
Ill. Rev. Stat. cti Ill 1/2 par 1012(a) by allowing individual
citizens to connect to the City’s new sewer extension.
Hearing was held on September 17, 1987; no members of the
public were present. At hearing the parties introduced an
executed Stipulation and Proposal For Settlement I~Stipulationj
and Admissions Of Violation. Tne Stipulation is attached and
adequately addresses the facts in this matter. Accordingly, this
opinion will not contain the customary discussion of the
issues. Respondent admits to the violations and agrees to pay a
penalty of ~500 to the Environmental Protection Trust Fund.
In evaluating tnis 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
Proposal For Settlement acceptable under 35 Ill. Adm. Code
103.180. Accordingly, the Board orders Respondent to comply with
the order set fortn below.
This Opinion and Order constitutes the Board’s findings of
fact and conclusions of law in tnis matter.
83—21
ORDER
It is the Order of
the Illinois
Pollution Control Board
tnat:
1. The Board hereby accepts tne Stipulation and Proposal
For Settlement executed by tne Illinois ~nvironrnental
Protection Agency and the Village of Dunlap, filed on
September 17, 1987. The terms and conditions of t.ne
Stipulation and Proposal For Settlement, which is
attached hereto, are incorporated into tnis Order.
2. Tne Board makes tne following findings of violations
against Respondents:
a) Violation of Ill. Rev. Stat. ch 111 1/2 par.
1012(a);
b) Violation of 35 Ill. Adm. Code Section 309.202;
c)
Violation of 35 Ill.
Adrn. Code Section ~09.203.
3. Respondent shall, by certified check or money order,
payable to the State of Illinois designated for deposit
into tne Environmental Protection Trust Fund, pay the
sum of $500 (five hundred dollars). The sum shall be
paid within 30 days of the date of this Order. Payment
shall be mailed to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, IL 62706
IT IS SO ORDERED.
Board Member J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify tnat the above Ooinion and Order was
adopted on the
~
day of
_____________,
1987 by a vote
of
-
.
Dorothy N. unn, C.Lerk
Illinois Pollution Control Board
83—22
STATE OF ILLINOIS
)
)
COUNTY OF PEORIA
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONXENTAL PROTECTION AGENCY,
)
)
Complainant,
)
—vs—
)
PCB 86—
VILLAGE OF DUNLAP,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Now comes Complainant, Illinois Environmental Protec-
tion Agency, by its Attorney Neil F. Hartigan, Attorney General
of the State of illinois, and Respondent, Village of Dunlap, a
municipal corporation, by its Village President, Kenneth
Donsbach, and do hereby submit this Stipulation and Proposal for
Settlement. The parties agree that the statement of facts con-
tained
herein
represents a fair
summary
of the evidence and tes-
timony which would be introduced by the parties if a full hearing
were held. The parties further stipulate that this statement of
facts is made and agreed upon for purposes of settlement only and
that neither the fact that a party has entered into this Stipula-
tion, nor any of the 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. This agree-
ment shall be
null
and void unless the Illinois Pollution Control
Board (hereinafter “Board”) approves and disposes of this matter
on each and every one of the terms and conditions of the settle-
ment set forth herein.
—1—
83—23
STATEMENT OF FACTS
1. Ccrnplainant,
Illinois
Environmental Protection
Agency (hereinafter “Agency”), is an administrative agency es-
tablished in the executive branch of the State government by Sec-
tion 4 of the Illinois Environmental Protection Act (hereinafter
“the Act”), Ill.Rev.Stat., 1985, ch. 11. 1/2, par. 1001 ~
and charged, inter alia, with the duty of enforcing the Act, pur-
suant to Title VIII thereof and recovering civil penalties pur-
suant to Title XII thereof.
2. Respondent, Village of Dunlap (hereinafter “Respon-
dent”), is a municipal corporation located in Peoria County,
Illinois.
3. Sometime in February, 1985, Respondent caused or
allowed the construction of a 615 foot sewer extension, which was
connected to the Village’s existing sanitary system.
4. At no time did Respondent apply for or receive a
construction permit from the Agency to install the extension to
its existing sewer system, in violation of Section 12(b) of the
Act and Ill. Adm. Code Section 309.202(a).
5. Beginning sometime in February, 1985 Respondent
operated the 615 foot sewer extension without applying for or
receiving an operating permit from the Agency, in violation of
Section 12(b) of the Act and 35 Ill. Adm. Code 309.203.
6. Sometime after the construction of the sewer exten-
sion, Respondent caused or allowed the residents to tap-on to the
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S3— 24
sewer and further allowed the residents to place their public
water supply pipes in the same trenches as the sewer pipes, in
violation of Section 12(a) of the Act.
7. Respondent was notified of the violations of Sec-
tions 12(a) and 12(b) of the Act and 35 Ill. Adm. Code 309.202 (a)
and 309.203 on April 1, 1986. At this time Respondent was also
notified of the Agency’s intent to bring an enforcement action
and was offered an opportunity to meet with Agency representa-
tives in order to resolve the conflicts which have resulted in
the filing of a complaint, in accordance with the requirements of
Section 31(d) of the Act. Ill.Rev.Stat. 1985, ch. 111 1/2, par.
1031(d). The Section 31(d) meeting was held on April 29, 1986.
8. Prior to the 31(d) meeting, Respondent submitted to
the Agency an application on January 13, 1986, for an operating
permit for the sewer extension. On January 21,
1986,
the Agency
issued an operating permit to the Village of Dunlap for the sewer
extension (attached as Exhibit 1).
9. Respondent’s construction and operation of the
sewer extension from February 1985 until January 21, 1986 con-
stituted a violation of Section 12(b) of the Act and 35 Ill. Adm.
Code 309.202(a) and 309.203 during that time period. The place-
ment of the sewer tap-ens and the public water supply pipe in the
same trench constitutes a violation of Section 12(a) of the Act.
—3—
83—2
5
PROPOSAL FOR SETTLEMENT
As a result of the settlement discussions between the
parties and of actions taken by Respondent, the parties believe
that the public interest will be best served by resolution of
this enforcement action under the terms and conditions provided
herein. This proposal for settlement is expressly conditioned
upon and effective only with the approval thereof in all respects
by the Board. All statements contained herein are agreed to for
purposes of settling this action only and shall be null and void
and of no effect in any further proceeding or cause of action if
the Board does not approve this proposal for settlement in its
entirety.
TERMS OF SETTLEMENT
The Village of Dunlap and the Agency have agreed to the
following Terms of Settlement. These terms shall be in full set-
tlement of the action filed herein by the Agency and Respondent’s
liability for all violations alleged in the Complaint.
1. The Agency contends and Respondent admits the facts
as set out in the Complaint constitute the following violations
of the Act and the Board Regulations:
Count I: Section 12(b) of the Act and
35 Ill. Adm. Code 309.202(a).
Count II: Section 12(b) of the Act and
35 Ill. Adni. Code 309.203.
Count III: Section 12(a) of the Act.
—4—
83—26
2. The violations alleged in the Complaint filed in
this action by the Agency and which Respondent admits, are to
date, the only prior violations of the Illinois Enviornmefltal
Protection Act and Rules and Regulations of the Illinois Pollu-
tion Control Board.
3. Respondent has agreed that it will correct all ser-
vice connections where the sewer tap—ons and the water supply
pipes are placed in the same trench, so as to conform to Agency
Design Standards and the State Plumbing Code, by May 31, 1986.
4. Respondent agrees to cease and desist from any and
all violations of the Illinois Environmental Protection Act and
Rules and Regulations of the Illinois Pollution Control Boa:~.
5. Respondent agrees to abide by all terms and condi-
tions of all operating permits issued by the Agency.
6. The parties enter into this Stipulation and Pro-
posal for Settlement and Respondent agrees to pay a penalty
specified in this paragraph in order to avoid the substantial
costs, inconveniences and uncertainties of further litigation.
In order to resolve this dispute and as a condition of settle-
ment, Respondent agrees to pay a penalty of five hundred dollars
($500.00) into the Environmental Protection Trust Fund within
thirty (30) days from the date on which the Board adopts a final
order approving, accepting and incorporating this Stipulation and
Proposal for Settlement. The Agency deems the payment to be ap-
propriate to aid in the enforcement of the Act under the circum-
stances of this case.
—5—
83—27
For Complainant
Dated:
gkstolb
For Respondent
VILLAGE OF DUNLAP
Village President
~~
WHEREFORE, Complainant and Respondent jointly request
that the Board adopt and accept the foregoing Stipulation and
Proposal for Settlement as written.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
By:_____________________
~O~EPHE. SVOBODA
~~nager, Enforcement Programs
//
—6—
83—2S
CERTIFICATE OF SERVICE
I,
GERALD T.
KARR, an attorney hereby certify that I caused
a true and accurate copy of the attached Complaint and Stipula-
tion And Proposal For Settlement to be served upon,
Kenneth Donsbach
Village President
Village of Dunlap
P.O. Box 116
Dunlap, Illinois 61525
by causing said copies to be mailed registered mail postage pre-
paid, to the address indicated above, from 100 West Randolph
Street, Chicago, Illinois 60601 on July 28, 1986.
~
~
~.
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3—29