ILLINOIS POLLUTION CONTROL BOARD

December 14,

1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

)

Complainant,

v.

PCB

94—326

(Enforcement)

VILLAGE OF DAVIS,

an Illinois muncipal

corporation,

Respondent.

OPINION

AND

ORDER OF THE BOARD:

This matter comes before the Board upon a one—count

complaint filed November 10,

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 the Village of Davis,

an Illinois muncipal

corporation located,

in the Village of Davis, Stephenson County,

Illinois.

The complaint alleges that the Village of Davis has

violated Section 12(f) of the Illinois Environmental Protection

Act (Act),

(415 ILCS

5\12(f))(1992) and 35 Ill. Adm. Code

309.102(a)

and 305.102(b)

by failing to comply with sampling and

reporting requirements.

Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint

Motion requesting relief from the Act’s hearing requirement on

November 10,

1994.

The Board published a notice of the waiver on

November 11,

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

November 10,

1994.

The Stipulation sets forth facts relating to

the nature, operations and circumstances surrounding the claimed

violations.

The Village of Davis admits the alleged violations

and agrees to pay a civil penalty of six hundred dollars

($600.00).

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

conclusions of law in this matter.

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2

ORDER

1)

The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and the Village of Davis, concerning its

facility located in the Village of Davis, Stephenson

County,

Illinois.

The Stipulation and Settlement

Agreement are incorporated by reference as though fully

set forth herein.

2)

The Village of Davis, shall pay the sum of six hundred

dollars

($600.00) 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, 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

The certified check or money order shall clearly

indicate on its face,

the Village of Davis’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 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.

3)

The Village of Davis shall 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.

Admu. Code 101.246, Motion for Reconsideration.)

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3

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certi,fy.that the aboye opinion and order was

adopted on the

~

day of

_______________,

1994,

by a

vote of

~

Control Board