ILLINOIS POLLUTION CONTROL BOARD
    December 3, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF PEKIN, an Illinois municipal
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 07-47
    (Enforcement – Water)
    ORDER OF THE BOARD (by C.K. Zalewski):
    On December 13, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against the City of Pekin (Pekin or
    respondent). The complaint concerns Pekin’s waste water treatment plant (WWTP) at 606 South
    Front Street, in Pekin, Tazewell County. The parties now seek to settle without a hearing. For
    the reasons below, the Board accepts the parties’ stipulation and proposed settlement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)),
    1
    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 Pekin violated Sections 12(a) and 12(f) of the Act,
    415 ILCS 5/12(a), 12(f) (2008), and Sections 304.141(a), 305.102(b), 306.102, 309.l02(a) and
    312.101 of the Board's Water Pollution Regulations, 35 Ill. Adm. Code 304.141(a), 306.102,
    309.l02(a), 312.101.
    According to the complaint, respondents violated these provisions by: (1) causing or
    allowing the discharge of contaminants into waters of the State in violation of the terms or
    conditions of its NPDES permit, (2) discharging said contaminates in violation of the regulations
    or standards adopted by the Board, (3) discharging the contaminants so as to cause water
    pollution, (4) failing to ensure that all treatment works and associated facilities were constructed
    and operated as to minimize violations of applicable standards during such contingencies as
    flooding, etc., (5) failing to comply with the monitoring, sampling, recording and reporting
    requirements set forth in Pekin’s NPDES permit, (6) allowing bypasses and overflows of
    untreated wastewater to occur, and (7) failing to have a certified Class I operator to supervise the
    operation of the WWTP.
    On October 22, 2009, the People and Pekin filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
    1
    All citations to the Act will be to the 2008 compiled statutes because the provisions at issue
    have not been substantively amended in the 2008 compiled statutes.
    2
    (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 Board provided notice of the stipulation,
    proposed settlement, and request for relief. The newspaper notice was published in the
    Pekin
    Daily Times
    on October 29, 2009. The Board did not receive any requests for hearing. The
    Board grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS
    5/31(c)(2) (2008); 35 Ill. Adm. Code 103.300(b).
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements.
    See
    35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and the
    nature of respondent’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2008)), which bears on the
    reasonableness of the circumstances surrounding the alleged violations. Respondent Pekin
    admits the alleged violations. The stipulation specifies many long and short term compliance
    actions which the City agrees to complete. The stipulation also addresses the factors of Section
    42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty
    amount. Respondent agrees to pay a civil penalty of $14,483.
    The People and respondent have satisfied Section 103.302. The Board accepts the
    stipulation and proposed settlement.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
    ORDER
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
    2.
    The City of Pekin must pay a civil penalty of $14,483.00 no later than January 4,
    2010, which is the first business day following the 30th day after the date of this
    order. Pekin must pay the civil penalty by certified check or money order payable
    to the Illinois Environmental Protection Agency for deposit into the
    Environmental Protection Trust Fund. The case name, case number, and Pekin’s
    federal tax identification number must appear on the face of the certified check or
    money order.
    3.
    Pekin must submit payment of the civil penalty to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    3
    Pekin must send a copy of the certified check or money order, and any transmittal
    letter to:
    Environmental Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62706
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2008)).
    5.
    Pekin must cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2008);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on December 3, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top