ILLINOIS POLLUTION CONTROL BOARD

October 1, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

VILLAGE OF ROCKTON, an Illinois

municipal corporation,

Respondent.

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PCB 09-104

(Enforcement - Water)

ORDER OF THE BOARD (by T.E. Johnson):

On April 30, 2009, the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a three-count complaint against the Village of Rockton

(respondent).

See

415 ILCS 5/31(c)(1) (2008); 35 Ill. Adm. Code 103.204. The complaint

concerns respondent’s River Street lift station located along the Rock River in Rockton, which is

part of the operations of respondent’s waste water treatment plant (WWTP). The WWTP is

located at 718 West Union Street in Rockton, Winnebago County. 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 (2008)), 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 (2008); 35 Ill. Adm.

Code 103. In this case, the People allege that respondent violated Section 12(a) of the Act (415

ILCS 5/12(a) (2008)) and Sections 306.102(a), 306.102(b), and 306.304 of the Board’s water

pollution regulations (35 Ill. Adm. Code 306.102(a), 306.102(b), and 306.304). The People

further allege that respondent violated these provisions by causing, threatening, or allowing the

discharge of untreated sewage into the Rock River, thereby causing, threatening, or allowing

water pollution (count I); failing to provide a reliable alarm system at the lift station (count II);

and failing to control sanitary sewer overflow (count III).

On September 28, 2009, 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act

(415 ILCS 5/31(c)(2) (2008)), 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, respondent

does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $10,000.

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

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