ILLINOIS POLLUTION CONTROL BOARD
October 3, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF DES PLAINES, an Illinois
municipal corporation, and MCDONOUGH
ASSOCIATES, INC., an Illinois corporation,
Respondents.
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PCB 03-23
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On August 29, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against the City of Des Plaines and
McDonough Associates, Inc. (respondents).
See
415 ILCS 5/31(c)(1) (2000)
as amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 103.204. The People allege that
respondents violated Sections 15 and 18(a) of the Environmental Protection Act (Act) (415 ILCS
5/15, 18(a) (2000)) and 35 Ill. Adm. Code 602.101 and 602.102. The People further allege that
respondents violated these provisions by failing to obtain permits for the construction and
installation of a water main, and causing and allowing the operation of the water main without a
permit from November 1, 1999 until August 31, 2000. The complaint concerns respondents’
reconstruction of the Oakton Street water main in Des Plaines, Cook County.
Additionally on August 29, 2002, the People and respondents 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) (2000)
as amended by
P.A. 92-0574, eff. June 26,
2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)
as
amended by
P.A. 92-0574, eff. June 26, 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
Des Plaines Journal
on September 4, 2002. 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)
as amended by
P.A. 92-0574, eff. June 26,
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
respondent’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 respondents have
satisfied Section 103.302. Respondents neither admit nor deny the alleged violations, but agree
to pay a civil penalty. Respondent City of Des Plaines agrees to pay the sum of $15,000.
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Respondent McDonough Associates, Inc. agrees to pay the sum of $11,000. 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 City of Des Plaines and McDonough Associates, Inc. (respondents) must pay
a civil penalty no later than November 3, 2002. Respondent City of Des Plaines
must pay $15,000. Respondent McDonough Associates, Inc. must pay $11,000.
Respondents must each pay its civil penalty by certified check or money order,
payable to the Environmental Protection Trust Fund. The case number, case
name, and respondents’ social security number or federal employer identification
number must be included on the certified check or money order.
3.
Respondents must each send its 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
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.
Respondents 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) (2000);
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 October 3, 2002, by a vote of 5-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board