ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF POPLAR GROVE, an Illinois
    municipal corporation, and R.H.
    BATTERMAN & COMPANY, INC., a
    Wisconsin corporation,
     
    Respondents.
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    PCB
    04-142
     
    (Enforcement - Public Water Supply)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 18, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the Village of Poplar Grove and R.H.
    Batterman & Company, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
    103.204. The People allege that the respondents violated Section 18(a)(2) and (a)(3) of the
    Environmental Protection Act (Act) (415 ILCS 5/18(a)(2) and (a)(3) (2002)) and 35 Ill. Adm.
    Code 602.101. The People further allege that the respondents violated these provisions by
    beginning construction of improvements to a public water supply without a permit issued by the
    Illinois Environmental Protection Agency. The complaint concerns the respondents’ public
    water supply facilities at the Village of Poplar Grove, Boone County.
     
    On June 14, 2004, the People and the 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the respondents admit the alleged violations. The Village of Poplar Grove agrees to
    pay a civil penalty of $1,000. Batterman & Company, Inc. agrees to pay a civil penalty of
    $3,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
     
     
     
     
      
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 17, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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