ILLINOIS POLLUTION CONTROL BOARD

April 21, 2005

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

VILLAGE OF NORTH CITY, an Illinois

municipal corporation,

Respondent.

)

PCB 05-96

(Enforcement - Public Water Supply)

OPINION AND ORDER OF THE BOARD (by J.P. Novak):

On November 17, 2004, the Office of the Attorney General, on behalf of the People of

the State of Illinois (People), filed a complaint against Village of North City; Lawrence A Lipe

& Associates, Inc.; Altman-Charter Company; and Furlong Excavating, Inc (respondents).

See

415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns the

construction or installation of a sewage lift station and water main in the Village of North City,

Franklin County. The Village of North City now seeks to settle.

For the reasons below, the

City.

Under the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (2002)), the

Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the

People to enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2002); 35 Ill. Adm.

Code 103. In this case, the People alleged that the respondents violated Sections 12(c), 15(a),

and 18(a)(2) of the Act (415 ILCS 5/12(c), 15(a), and 18(a)(2) (2002)) and 35 Ill. Adm. Code

309.202(a), 602.101(b), and 653.119(b)(1)(A) by (1) construction or installation of a sewage lift

station in the village of North City without a permit; (2) failing to submit complete plans and

specifications for a 1999 water main permit; and (3) construction or installation of a water main

without complying without maintaining at least 10 feet horizontal separation between sewer and

water lines.

On March 10, 2005, the People and the Village of North City 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)), 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 from hearing. The Board published

By orders of March 3, 2005 and March 17, 2005, the Board accepted settlements as to all

respondents except the Village of North City.

newspaper notice in the

Benton Evening News

on March 22, 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 the

Village of North City’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) (2002)), which bears on the

reasonableness of the circumstances surrounding the alleged violations.

The Village of North City admits the alleged violations. The stipulation also addresses

the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),

as amended by

P.A. 93-575,

(eff. Jan. 1, 2004), which may mitigate or aggravate the civil penalty amount. The Village of

North City agrees to pay a civil penalty of $500. The Village of North City further agrees to

perform a supplemental environmental project by payment of a monetary donation of $500 to the

Benton School District Greening Program. The People and the Village of North City both agree

that no economic benefit accrued to the Village of North City by the non-compliance.

The People and the Village of North City 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 Village of North City must pay a civil penalty of $500 no later than May 23,

2005, which is the first business day after the 30th day after the date of this order.

The Village of North City must pay the civil penalty by certified check, money

order, or electronic funds transfer, payable to the Environmental Protection Trust

Fund. The case number, case name, and The Village of North City’s social

security number or federal employer identification number must be included on

the certified check or money order.

3. The Village of North City must send the certified check, money order, or

electronic funds transfer to the following person at the indicated address:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. The Village of North City must send a copy of the certified check, money order,

or record of electronic funds transfer and any transmittal letter to the following

person at the indicated address:

Ms. Kristen Laughridge

Environmental Bureau

Attorney General’s Office

500 South Second Street

Springfield, Illinois 62702

Ms. Joey Logan-Wilkey

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

5. The Village of North City must perform the supplemental environmental program

and pay a monetary donation of $500 to the Benton School District Greening

Program no later than May 23, 2005, which is the first business day after the 30th

day after the date of this order. The case number, case name, and the Village of

North City’s social security number or federal employer identification number

must be included on the certified check or money order.

6. The Village of North City must send the certified check or electronic funds

transfer to:

Benton Consolidated High School

Attn: Kathy Simmons

511 East Main Street

Benton, Illinois 62812

7. The Village of North City must send a copy of the certified check, money order,

or record of electronic funds transfer and any transmittal letter to the following

persons at the indicated address:

Ms. Kristen Laughridge

Environmental Bureau

Attorney General’s Office

500 South Second Street

Springfield, Illinois 62702

Ms. Joey Logan-Wilkey

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

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)).

The Village of North City 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.

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