ILLINOIS POLLUTION CONTROL BOARD
    February 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 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). Under the proposed
    stipulation, the FRWRD denies the alleged violations but agrees to pay a civil penalty of
    $20,000. FRWRD will also commence a compliance program and abide by a system to address
    delays in the compliance schedule. In the event of a disagreement arising under the stipulation,
    the parties agree to engage in informal dispute resolution before bringing any such matter to the
    Board’s attention
     
    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 any person
    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 February 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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