ILLINOIS POLLUTION CONTROL BOARD
    October 2, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF CHERRY VALLEY,
     
    Respondent.
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    PCB 03-190
    (Enforcement – Public Water Supply)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On April 15, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the Village of Cherry Valley (respondent).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
    violated Sections 602.101 and 602.102 of the Board’s regulations. The People further allege that
    respondent violated these provisions by failing to secure a permit for construction to the public
    water supply. The complaint concerns respondent’s public water supply facility in Winnebago
    County.
     
    On September 24, 2003, the People and respondent filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Environmental Protection Act (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 respondent admits the alleged violations and
    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.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 2, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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