ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FOX RIVER WATER RECLAMATION
    DISTRICT, a body corporate,
     
    Respondent.
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    PCB 00-189
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 8, 2000, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against the Fox River Water Reclamation District
    (FRWRD).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    FRWRD violated Sections 12(a) and 12(f) of the Environmental Protection Act (Act) (415
    ILCS 5/12(a) and 12(f) (2000)) and Section 302.212(d)(2) of the Board’s water pollution
    regulations (35 Ill. Adm. Code 302.212(d)(2)). The People further allege that the FRWRD
    violated these provisions by discharging ammonia-nitrogen to Norton Creek in excess of the
    Board’s water quality standards and in excess of the FRWRD’s National Pollutant Discharge
    Elimination System permit. The complaint concerns the FRWRD’s Skyline Wastewater
    Treatment Plant (Skyline WWTP) at 106 Ramona Lane in unincorporated Valley View (near St.
    Charles), Kane County.
     
    On January 29, 2002, the People and the FRWRD 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)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2000)).
    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
    Liberty Suburban Chicago Newspapers
    on February 7, 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); 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
    FRWRD’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 FRWRD have satisfied
    Section 103.302. FRWRD denies the alleged violations but agrees to pay a civil penalty of
    $20,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    2
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement. This includes all of the provisions listed in the following subsections
    of Section X of the stipulation and proposed settlement: Compliance Program,
    Force Majeure, Dispute Resolution, Civil Penalty, Stipulated Penalties, Cease and
    Desist, Right of Entry, and Release from Liability.
     
    2. FRWRD must pay a civil penalty of $20,000 no later than April 6, 2002, which is
    the 30th day after the date of this order. FRWRD must pay the civil penalty by
    certified check or money order, payable to the Illinois Environmental Protection
    Agency for deposit into the Environmental Protection Trust Fund. The case
    number, case name, and FRWRD’s federal employer identification number must
    be included on the certified check or money order.
     
    3. FRWRD must send the 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. A copy of the certified check or money order must be sent to:
     
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    188 N. Randolph St., 20th Floor
    Chicago, Illinois 60601
     
    5. 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)).
     
    6. FRWRD 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
     
    3
    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 order on March 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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