ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF SPARTA, an Illinois corporation,
    Respondent.
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    PCB 98-153
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a three-count complaint filed on May 7,
    1998, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against the City of Sparta (respondent), an Illinois corporation, located in Randolph
    County, Illinois. The complaint alleges that respondent violated Sections 12(a), (f), and (h) of
    the Environmental Protection Act (Act) (415 ILCS 5/12(a), (f), (h) (1996)), 35 Ill. Adm.
    Code 309.102(a), 309.202(a), and 309.204(a) by (1) causing or allowing digester decant
    discharge which caused water pollution, (2) discharging digester decant without a National
    Pollutant Discharge Elimination System (NPDES) permit, and (3) constructing and operating a
    wastewater treatment facility without a permit.
    On May 7, 1998, the parties filed a stipulation, proposal for settlement, and a joint
    motion requesting relief from the hearing requirement pursuant to Section 31(c)(2) of the Act.
    415 ILCS 5/31(c)(2) (1996). The Board published a notice of the request for waiver on May
    13, 1998. The Board did not receive any objections to the granting of the waiver.
    Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent admits the alleged violations, and agrees to
    pay a total civil penalty of $8,000.
    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.
    This opinion constitutes the Board’s finding 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 Sparta, an Illinois corporation,
    located in Randolph County, Illinois. The stipulation and settlement agreement
    are incorporated by reference as though fully set forth herein.
    2)
    Respondent shall pay the sum of $8,000 within 30 days of the date of this order,
    or on or before July 18, 1998. Such payment shall be made by certified check
    payable to the Treasurer of the State of Illinois, for deposit into the Illinois
    Environmental Protection Trust Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check shall clearly indicate on its face respondent’s federal
    employer identification number 37-6001892, and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and
    check shall be simultaneously submitted to:
    Office of the Attorney General’s
    Environmental Bureau
    500 South Second Street
    Springfield, IL 62794
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1996)
    ), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    3)
    Respondent 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 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 17th day of June 1998 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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