ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    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)
    OPINION AND 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 accepts the parties’ amended stipulation and
    proposed settlement.
    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
    the Act (415 ILCS 5/31(c)(1) (2008)). This filing is authorized by Section 31(c)(2) of the Act
    2
    (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. The Board provided notice of this stipulation,
    proposed settlement, and request for relief. The newspaper notice was published in the
    Rockton
    Herald
    on November 26, 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)
    (2006); 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. 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. The amended 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. The People
    and respondent have satisfied Section 103.302. The Board accepts the amended 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 amended stipulation and
    proposed settlement.
    2.
    Respondent must pay a civil penalty of $10,000 no later than February 8, 2010,
    which is first business day following the 30th day after the date of this order.
    Respondent 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
    respondent’s federal tax identification numbers must appear on the face of the
    certified check or the money order.
    3.
    Respondent 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
    Respondent must send a copy of the certified check or money order and any
    transmittal letter to:
    Zemeheret Bereket-Ab
    Environmental Bureau
    Illinois Attorney General’s Office
    69 West Washington Street, Suite 1800
    Chicago, Illinois 60602
    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.
    Respondent must cease and desist from future violations of the Environmental
    Protection Act and Board regulations that were the subject of the complaint.
    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.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on January 7, 2010, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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