ILLINOIS POLLUTION CONTROL BOARD
June 7, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
NORMAN SARVER,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 01-146
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On April 30, 2001, the People of the State of Illinois (People) filed a one-count
complaint against respondent Norman Sarver (Sarver). The complaint alleges that Sarver
caused or allowed the construction of a water main without a construction permit in Long
Creek Township, Macon 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 April 30, 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
Herald and Review
on May 1, 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. Sarver admits to
the violations alleged by the People and agrees to pay a civil penalty of $2,000.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. Sarver 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.
2
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Norman Sarver (Sarver). The stipulation
and settlement agreement is incorporated by reference as though fully set forth
herein.
2. Sarver 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 Illinois
Environmental Protection Agency, for deposit in the Environmental Protection
Trust Fund. The case number, case name, and Sarver’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 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
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
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. Sarver 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.
3
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
