ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CENTRAL ILLINOIS PUBLIC SERVICE
    COMPANY d/b/a AMEREN CIPS,
     
    Respondent.
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    PCB 97-26
    (Enforcement – Water)
     
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
     
    On March 7, 2001, 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 respondent violated Sections 12(a), (b) and (f) of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (b) and (f) (2000)) and Section
    304.120(a), 304.141(a) and 620.410 of the Board’s regulations on effluent standards and
    groundwater quality.
     
     
    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 Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver of 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
    does not indicate whether respondent either admits or denies the alleged violations, but
    respondent does agree to pay a civil penalty of $50,000. 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 conclusion 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 respondent, concerning its facility located
    in Crawford County, Illinois. The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
     
     
      
     
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    2.
    The respondent, shall pay the sum of $50,000 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 respondent’s federal
    employer identification 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
     
    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.
    Respondent shall cease and desist from the alleged violations.
    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 establish such filing requirements. See
    172 Ill. 2d R. 335; see also Ill. Adm. Code 101.520 and 902, 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
     
     

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