ILLINOIS POLLUTION CONTROL BOARD
    November 19, 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 seek to settle
    without a hearing. For the reasons below, the Board directs the Clerk to provide public notice of
    the parties’ amended stipulation and 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), 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 allowing a sanitary sewer overflow (count III).
    On September 28, 2009, the People and Rockton 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)). On October 1, 2009, the Board issued an order noting
    that the alleged violation of 35 Ill. Adm. Code 306.102(b) from count II of the complaint was not
    included in the stipulation. To address the inconsistency, the Board directed that an amended
    complaint or an amended stipulation and proposed settlement be filed.
    On October 20, 2009, the People filed an amended stipulation and proposed settlement,
    accompanied by another request for relief from the hearing requirement of Section 31(c)(1) of
    2
    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). The request for relief states that the
    amendment to the stipulation “seeks to reconcile the differences between the Complaint and the
    original Stipulation by citing the identical violations in Section I.B. of the Stipulation as alleged
    in Count II of the Complaint.” Request at 1. Under the amended stipulation, which includes the
    alleged violation of 35 Ill. Adm. Code 306.102(b) from count II, 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
    amended stipulation and proposed settlement and accompanying 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) (2008); 35 Ill. Adm. Code
    103.300(b), (c). The Board directs the Clerk to provide the required notice.
    IT IS SO ORDERED.
    Board Member C.K. Zalewski abstained.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on November 19, 2009, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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