ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VILLAGE OF TILTON,
    Respondent.
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    PCB 96-133
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by J.Yi):
    This matter comes before the Board upon a four-count complaint filed December 19,
    1995, by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (Agency) and the People of the State of Illinois (Complainant), against the
    Village of Tilton (Tilton) located in Vermilion County, Illinois. The complaint alleges that
    Tilton has violated Sections 3.56, 12(a) and 12(f) of the Illinois Environmental Protection Act
    (415 ILCS 5/3.56, 12(a), and (f) (1994)) and 35 Ill. Adm. Code 302.203 304.105, and
    304.106 for allowing sludge to discharge from its waste water treatment facility into a
    tributary of the Vermilion River and for failing to provide the Agency with advance notice of
    planned changes to its waste water treatment facility.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Illinois Environmental Protection Act’s hearing requirement on December 23, 1996. The
    Board published a notice of the waiver on January 1, 1997; no objection to grant of the waiver
    was received. Waiver of hearing is hereby granted.
    The parties filed a stipulation and agreement also on December 23, 1996. The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Tilton denies the complainant’s allegations of liability. Tilton agrees to
    pay a civil penalty of one thousand dollars ($1,000.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects Tilton’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act and the Board’s pollution control
    regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement executed by the
    People of the State of Illinois and the Village of Tilton, concerning its facility
    located in Vermilion County, Illinois. The stipulation and settlement agreement are
    incorporated by reference though fully set forth herein.
     
    2)
    Tilton shall pay the sum of one thousand dollars ($1,000.00) within 30 days of he
    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, Tilton’s Federal
    Employment Identification Number or Social Security Number and that payment is
    directed to the Environmental Protection Trust Fund.
    Any such payment 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), as now or hereafter amended, from the date of payment is due until the date
    the payment is received. Interest shall not accrue during the pendency of an appeal
    during which payment of the penalty has been stayed.
    3)
    Tilton shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders 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”.)
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1997, by a vote
    of ______________.
    _________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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