ILLINOIS POLLUTION CONTROL BOARD
    November 5, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VICTOR G. HEUERMANN,
    Respondent.
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    PCB 97-92
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On
    September 22
    , 1998, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that the respondent violated Sections 12(a) and 12(f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(f) (1996)), 35 Ill. Adm. Code
    302.212(a), 304.141(a), 304.121(a), 306.304, 306.102(a), and 309.102(a), by causing or
    allowing effluent discharge which caused water pollution, operating a wastewater treatment
    plant without a permit, violating water quality standards, causing or allowing the overflow and
    bypass of raw sewage, failing to maintain the terminal lift station alarm system, and failing to
    have a Certified Class 4 operator.
    Pursuant to Section 31(a)(2) of the Act (415 ILCS 5/31(a)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. The respondent
    denies the alleged violations and agrees to pay a civil penalty of $30,000. The respondent
    must continue to comply with any federal, State, or local regulations including, but not limited
    to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Victor G. Heuermann, regarding his
    wastewater treatment plant located on Route 116, Bellevue, Peoria County,
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    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2.
    The respondent shall pay the sum of $30,000 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. The case number, case name, and the respondent’s
    social security number shall also be included on the check (or money order) and
    should clearly indicate that payment is directed to the Environmental Protection
    Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Maria M. Menotti
    Assistant Attorney General
    Environmental Bureau
    Office of the Illinois Attorney General
    500 South Second Street
    Springfield, Illinois 62706
    4.
    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.
    5.
    The Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 5th day of November 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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