ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF JOLIET, ILLINOIS
    Respondent.
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    PCB 00-98
    (Enforcement – PWS)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On December 10, 1999, 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 15 and 18 of the Environmental Protection
    Act (Act) (415 ILCS 5/15, 5/18 (1998)) and 35 Ill. Adm. Code 602.101(a) by constructing
    public water supply facilities without a permit.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), 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 News
    on
    December 14, 1999. 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. Respondent neither
    admits nor denies the alleged violations and agrees to pay a civil penalty of $25,000.
    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 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 Joliet (respondent) concerning
    public water supply facilities located in Will County, Illinois. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2
    2.
    Respondent shall pay the sum of $25,000 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 (36-6088568) 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 Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003(a) (1998)), 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.
    4.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 101.246, 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 20th day of January 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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