ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FAIRACRES SUBDIVISION
    ASSOCIATION, an Illinois not-for-profit
    corporation,
     
    Respondent.
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    PCB 05-86
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On November 9, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Fairacres Subdivision Association (Fairacres).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the
    Fairacres violated Section 18(a)(2) and 19 of the Environmental Protection Act (Act) and
    Sections 611.121(a), 125, 325(a)(2), 522(a), 831, and 653.605 and 704 of the Board’s public
    water supply regulations. 415 ILCS 5/18(a)(2), and 19 (2002); 35 Ill. Adm. Code 611.121(a),
    125, 325(a)(2), 522(a), 831, and 653.605 and 704. The People further allege that the respondents
    violated these provisions by violating total-coliform regulations, failing to meet fluoridation
    requirements, and failing to submit the required reports and records. The complaint concerns the
    operation of a community water supply located in Silvis, Rock Island County.
     
    On March 18, 2005, the People and Fairacres 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2002)).
    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 Dispatch
    and
    The Rock Island Argus
    on March 24, 2005. 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) (2002); 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. 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
    Fairacres’ 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) (2002)). The People and Fairacres have satisfied
    Section 103.302. Under the proposed stipulation, the respondent does not admit nor deny the
    allegations and agrees to pay a civil penalty of $750. The Board accepts the stipulation and
    proposed settlement.
     
     
    2
    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. Fairacres Subdivision Association (Fairacres) must pay a civil penalty of $750 no
    later than May 21, 2005, which is the 30th day after the date of this order.
    Fairacres must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Fairacres’ social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. Fairacres must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Fairacres 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) (2002);
    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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 21, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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