ILLINOIS POLLUTION CONTROL BOARD
January 18, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF WAUKEGAN,
Respondent.
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PCB 01-104
(Enforcement – Water)
ORDER OF THE BOARD (by N.J. Melas):
On January 5, 2001, the People of the State of Illinois filed a four-count complaint
against the City of Waukegan (Waukegan). The complaint alleges Waukegan caused or
allowed water pollution, operated without a malfunction contingency measure, caused a
sanitary sewer overflow and bypass, and discharged water pollution without a permit at its
facility located at 4200 West McGaw Road, Waukegan, Lake County, Illinois. These activities
were in alleged violation of Sections 12(a), 12(c), and 12(f) of the Environmental Protection
Act (Act) (415 ILCS 5/12(a), 12(c), 12(f) (1998)) and the Board’s water pollution regulations
at 35 Ill. Adm. Code 304.141(b), 306.102(a), 306.304, 306.305(c), and 309.102(a). The
Board accepts this matter for hearing.
The Board directs that this matter proceed to hearing as expeditiously as practicable.
The assigned hearing officer must set the matter for hearing in accordance with the
requirements of the Act and the Board’s procedural rules. Accordingly, this matter must be set
for hearing within 90 days after the filing of the complaint unless the hearing officer, after
appropriate consultation with the parties, determines that a later date is appropriate and that no
undue delay or material prejudice in the resolution of this matter would result. See 35 Ill.
Adm. Code 103.212(c) (effective January 1, 2001). In any event, it is the responsibility of the
hearing officer to guide the parties toward prompt resolution or adjudication of this matter,
through whatever status calls and hearing officer orders he determines are necessary and
appropriate.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 18th day of January 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board