ILLINOIS POLLUTION CONTROL BOARD
June 7, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF GIBSON CITY,
Respondent.
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PCB 01-133
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On March 29, 2001, the People of the State of Illinois (People) filed a one-count
complaint against respondent the City of Gibson City (Gibson City). The complaint alleges
Gibson City caused or allowed the construction of a water main without a construction permit
in Gibson City, Ford County, Illinois. This activity was in alleged violation of Sections 15(a)
and 18(a) of the Environmental Protection Act (Act) (415 ILCS 5/15(a), 18(a) (2000)), and the
Board’s public water supply regulations at 35 Ill. Adm. Code 602.101(a).
Also on March 29, 2001, the parties filed a stipulation and proposal for settlement,
accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (2000)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2000)), 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 notice appeared in
The Gibson City Courier
on April 4, 2001. 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 stipulation
and proposal for settlement also specifically discusses and evaluates the Act’s Section 42(h)
factors that are to be considered in determining the appropriateness of a civil penalty. For
example, the People assert that the alleged violations were a “one-time occurrence” and that
respondent has shown due diligence in now applying for an “as-built” operating permit.
Further, the People state that the only economic benefit realized by the respondent was the
savings realized by not obtaining the construction permit. Accordingly, the People propose a
stipulated penalty in the amount of $2,000, payable to the Environmental Protection Trust
Fund, plus a “supplemental environmental project” in the amount of $1,500 for emergency
training of Gibson District Fire Protection personnel. The People assert that such penalty “will
serve to deter future violations and aid in future voluntary enforcement of the Act and
applicable Board rules and regulations.”
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The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. Gibson City 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 the City of Gibson City (Gibson City).
The stipulation and settlement agreement is incorporated by reference as though
fully set forth herein.
2. Gibson City must contribute $1,500 to the Gibson City Fire Protection District.
Payment must be made within 30 days of the date of this order, that is, on or
before July 7, 2001.
2. Gibson City must pay a civil penalty of $2,000. Payment must be made within
30 days of the date of this order, that is, on or before July 7, 2001. Such
payment must be made by certified check or corporate check payable to the
Treasurer of the State of Illinois, for deposit in the Environmental Protection
Trust Fund. The case number, case name, and Gibson City’s federal employer
identification number must also be included on the certified check or corporate
check and clearly indicate that payment is directed to the Environmental
Protection Trust Fund.
3. The certified check or corporate check must 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:
Office of the Attorney General
Donna Lutes, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
4. Any such penalty not paid within the time prescribed incurs interest at the rate
set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
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ILCS 5/1003 (2000)), as now or hereafter amended, from the date payment is
due until the date payment is received. Interest does not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
5.
Gibson City must cease and desist future alleged violations of any federal, State,
or local statutes and regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date 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 101.520, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 7th day of June 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
