ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF TOLUCA, a municipal
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 96-157
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by J. Yi):
    This matter comes before the Board upon a three-count complaint filed January 9,
    1996, by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against the City of Toluca, located in
    Marshall County, Illinois. The complaint alleges that the City of Toluca violated Sections
    12(a), 12(c), and 12(f) of the Illinois Environmental Protection Act (Act),(415 ILCS 5/12(a),
    5/12(c), and 5/12(f) (1994) and 35 Ill. Adm. Code 304.120(c), 304.121(a), 304.141(a) and
    309.102(a), by violating NPDES permit effluent limits, the general effluent standards for fecal
    coliform and the general standards for five-day biochemical oxygen demand and total
    suspended solids.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on December 3, 1996. The Board published a notice of the
    waiver on December 12, 1996; no objection to the granting of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on December 3, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. The City of Toluca admits the alleged violations and agrees to pay a civil
    penalty of one thousand five hundred dollars ($1,500.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board’s
    regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and the City of Toluca, located in Marshall
    County, Illinois. The Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2)
    The City of Toluca, shall pay the sum of one thousand five hundred dollars
    ($1,500.00) within 30 days of the date of this order. Such payment shall be
    made by certified check or money order payable to the Treasurer of the State of
    Illinois, designated to the Environmental Protection Trust Fund and shall be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face, the City of
    Toluca’s Federal Employer Identification Number 36-6006129 and that payment
    is directed to the Environmental Protection Trust Fund.
    3)
    The City of Toluca shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K. M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Ill. Adm. Code 101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top