ILLINOIS POLLUTION CONTROL BOARD
    October 27,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    94—242
    (Enforcement)
    CENTRAL
    LAKE
    COUNTY JOINT
    )
    ACTION WATER AGENCY,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE
    BOARD:
    This matter comes before the Board upon a two-count
    complaint filed September 2,
    1994, by Roland W. Burns,
    Attorney
    General of the State of Illinois,
    on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois against Central Lake County Joint Action Water Agency
    located at 200 Rockland Road,
    in the City of Lake Bluff, Lake
    County,
    Illinois.
    The complaint alleges that Central Lake County
    Joint Action Water Agency has violated Sections 5/12(b) and
    5/12(f) of the Illinois Environmental Protection Act
    (Act)
    (415
    ILCS
    5/12(b)) and 35 Ill. Adm. Code
    SS
    309.202(a),
    309.102(a)
    and 305.102(b) for operating and constructing a wastewater source
    without the proper permits and failure to comply with sampling
    and reporting requirements.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Notion requesting relief from the Act’s hearing requirement on
    September 2,
    1994.
    The Board published a notice of the waiver on
    September 9,
    1994; no objection to grant of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    September 2,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Central Lake County Joint Action Water Agency admits
    the alleged violations and agrees to pay a civil penalty of ten
    thousand dollars
    ($10,000.00).
    The Board finds the settlement agreement acceptable under
    35
    Ill. Adm. Code 103.180.
    This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    2
    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 Central Lake County Joint Action Water
    Agency, concerning its facility located at 200 Rockland
    Road,
    in the City of Lake Bluff,
    Lake County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Central Lake County Joint Action Water Agency,
    shall
    pay the sum of ten thousand dollars
    ($10,000.00)
    within
    30 days of the date of this order.
    Such payment shall
    be made by certified check on money order payable to
    the Treasurer of the State of Illinois, designated to
    the Environmental Protection Trust Fund,
    and shall be
    sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    A copy of the check shall be sent to:
    Elizabeth Wallace
    Assistant Attorney General
    Environmental Control Division
    100 West Randolph St., 12th Floor
    Chicago,
    Il. 60601
    The certified check or money order shall cleanly
    indicate on its face, the Central Lake County Joint
    Action Water Agency’s Federal Employer Identification
    Number or Social Security Number and that payment is
    directed to the Environmental Protection Trust Fund
    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 on 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.
    3)
    Central Lake County Joint Action Water Agency shall
    3
    cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    J. Theodore Meyer Concurred.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab~o~yeopinion and order was
    adopted on. the
    ~
    day of
    ( (‘~J~~
    ,
    1994, by a
    vote of
    (:-‘
    (~
    .
    ~
    ~
    -
    -~—j~-
    ~,
    ,~
    (
    Dorothy N. GU~, Clerk
    Illinois PolrtItion Control Board

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