ILLINOIS POLLUTION CONTROL BOARD

February

3,

1977

LJVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB

75—469

ARLINGTON HEIGHT& UTILITIES,

INC.,

Respondent.

MR.

GEORGE

TINKHAM,

Assistant Attorney General, appeared for the

Complainant;

MR. GEORGE FILCOFF, appeared for the Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This cause was initiated by the Environmental Protection

Agency filing

a Complaint on December 15,

1975 against Arlington

Heights Utilities,

Inc.

(Arlington)

.

The first hearing was held

on February

5,

1976.

A purported settlement agreement was presented

at this hearing.

However, on August

5,

1976 the Board remanded

the

matter to the Hearing Officer for further proceedings.

The

Board found the proposed settlement agreement to be indiscernable

from the record and that the record further contained no adequate

assessment of potential environmental damage.

A second hearing was held on October 29, 1976 at which a

stipulated

settlement proposal was orally presented.

7’~

written

stlpulation was filed with the Board on Decenibor

2,

1976.

Arlington owns and operates

a sewage treatment plant in

Madison County, Illinois.

The Complaint alleges that Arlington

violated Water Pollution Regulations 951(a),

952(a)

and 1201 and

Section 12(b)

of the Environmental Protection Act.

These alleged

violations deal with the construction and operation of treatment

facilities without required permits and without

a certified

operator.

Paragraphs

3 and

4 of the Stipulation admit the

violations

as alleged for the purposes the proposed settlement.

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673

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Paragraphs

6 and 7 of the December

2,

1976 Stipulation

propose

what

the Board feels

to be an adequate compliance program.

A permit application for further expansion of the plant’s capacity

would be submitted by December 31,

1976.

Construction would be

completed within 120 days of receipt of the permit and operation would

commence within

30

days

thereafter.

Paragraph

11 of

the Stipulation

proposes a penalty of S500,00,

The Board will accept the proposed

settlement and stipulation as written and filed on December

2,

1976.

This Opinion constitutes

the Board’s findings of fact and

conclusions

of

law,

ORDER

The Board hereby finds Respondent Arlington Heights

Utilities, Inc~ to have violated Water Pollution Regulations

951(a),

952(a)

and

1201

and

Section

12(b)

of the Environmental

Protection

Act.

The

Board

hereby

accepts

and

adopts

the

parties’

written

settle-

ment

and

stipulation

filed

on

December

2,

1976.

Respondent

Arlington

Heights

Utilities,

Inc.

shall

pay

a

penalty

of

$500.00

within

35

days of the date of thIs Order.

Payment shall be made by certified

check

or

money

oroer to the State

of Illinois at:

Fiscal

Services

Division

Illinois

Environmental

Protection

Agency

2200 Churchill Road

Springfield,

Illinois

62706

IT

IS SO

ORDERED.

I, Christan

L.

Moftett,

Clerk of

the

illinois

Pollution

Control

Board,

hereby

certify

the

above Opinion and

Order

were

adopted

on the

~

day

of

February,

1977

by

a

vote

of

-~__________________________

Illinois Pollution

1 Board

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