ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF CAPRON,
     
    Respondent.
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    PCB 05-8
    (Enforcement – Water)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 20, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against the Village of Capron (Village).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the Village violated
    Section 18(a)(2) of the Environmental Protection Act (Act) (415 ILCS 5/18(a)(2) (2002)) and 35
    Ill. Adm. Code 611.882 and 611.885. The People further allege that the Village violated these
    provisions by failing to prepare and distribute consumer confidence reports. The complaint
    concerns the Village’s municipal potable water supply and distribution in Capron, Boone
    County.
     
    On January 27, 2005, the People and the Village 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 Belvidere Republican
    on February 4, 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) (2000); 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’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) (2000)). The People and the Village have satisfied
    Section 103.302. The Village admits the alleged violations and agrees to pay a civil penalty of
    $1,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    The Village of Capron must pay a civil penalty of $1,000 no later than April 4,
    2005, which is the 30th day after the date of this order. The Village of Capron
    must pay the civil penalty by certified check or money order, payable to
    Environmental Protection Trust Fund. The case number, case name, and the
    Village of Capron’s federal employer identification number must be included on
    the certified check or money order.
     
    3.
    The Village of Capron 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
     
     
    A copy of the certified check or money order must be sent to:
     
    Christopher
    Grant
    Assistant
    Attorney
    General
    Environmental
    Bureau
    188
    W.
    Randolph,
    20th
    Floor
    Chicago,
    IL
    60601
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    The Village of Capron 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.
     
     
      
     
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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