ILLINOIS POLLUTION CONTROL BOARD
    February 2,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB
    94—389
    )
    (Enforcement-Water)
    VILlAGE OF PORT BYRON,
    )
    an Illinois municipal
    )
    corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed December 28,
    1994, by Roland W. Burns, 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 Village of Port Byron, an Illinois
    municipal corporation located in Rock Island County,
    Illinois.
    The complaint alleges that the Village of Port Byron has violated
    Section 12(f)
    of the Illinois Environmental Protection Act
    (Act)
    (415 ILCS
    5/12(f)
    (1992)), 35 Ill.
    Adiu. Code 309.102(a)
    and
    305.102(b)
    by failing to comply with sampling and reporting
    requirements contained in its NPDES permit.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    December 28,
    1994.
    The Board published a notice of the waiver on
    January
    4,
    1995; no objection to granting of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    December 28, 1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    The Village of Port Byron admits the alleged
    violations and 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 respondent’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.
    ORDER
    2
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and the Village of Port Byron,
    concerning its
    wastewater treatment facility located within the
    village limits in Rock Island County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    The Village of Port Byron,
    shall pay the sum of one
    thousand dollars ($1,000.00) 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 Village of Port Byron’s
    Federal Employer Identification Number or Social
    Security Number and that payment is directed to the
    Environmental Protection Trust Fund
    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), 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)
    The Village of Port Byron shall cease and desist from
    the alleged violations.
    IT IS SO ORDERED.
    Board Member 3. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adiu.
    Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov
    opinion and order was
    adopted on the ~
    day of
    ___________________,
    1995, by a
    vote of
    ~
    ~
    ~.
    Dorothy
    ~7
    Gunn,
    Clerk
    Illinoist’tollution Control Board

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