ILLINOIS POLLUTION CONTROL BOARD
October 27,
1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 94—249
(Enforcement)
VILLA~GEOF ROCK CITY,
an Illinois inuncipal corporation,
Respondent.
OPINION~
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed September 9,
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 Rock City, an Illinois chartered
bank.
The complaint alleges that the Village of Rock City has
violated Section 12(f) of the Illinois Environmental Protection
Act
(Act), 415 ILCS
5/12(f) and 35 Ill. Adm. Code
§S
305.102(b)
and 309.102(a)
for failure to comply with sampling and reporting
requirements at its wastewater treatment facility located in the
Village of Rock City, Stephenson County,
Illinois.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
September 9,
1994.
The Board published a Notice of the waiver on
September 16,
1994; no objection to grant of the waiver was
received.
Waiver of hearing is hereby granted.
The parties filed a Stipulation and Settlement Agreement on
September 9,
1994.
The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations.
The Village of Rock City admits the alleged
violations and agrees to pay a civil penalty of three hundred
dollars ($300.00).
The Board finds the settlement agreement acceptable under 35
Ill.
Adin. 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 Boatd’s pollution control regulations.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
2
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and the Village of Rock City, concerning its
facility located in Stephenson County,
Illinois.
The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2)
The Village of Rock City, shall pay the sum of three
hundred dollars ($300.00) 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 Rock City’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)
Tthe Village of Rock City shall cease and desist from
the alleged violations.
IT IS SO ORDERED.
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.
Adm. Code 101.246, Motion for Reconsideration.)
3
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the a,~Gyeopinion and order was
adopted on the
~
day of
~.
,
1994, by a
vote of
‘~-~
~
I
/
/
-
/
~
M~
--~~
X~C-~//~
Dorothy M.
GUITh,
Clerk
Illinois Pollution Control Board