ILLINOIS POLLUTION CONTROL BOARD
    April 23, 1992
    RESIDENTS OF CEDARVILLE
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—194
    (Enforcement)
    VILLAGE OF CEDARVILLE,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    On October 10, 1991, the Residents of Cedarville (Residents)
    filed a complaint against the Village of Cedarville (Village)
    alleging violation of the Board’s combined sewer overflow
    regulations (i.e., 35 111. Adiu. Code 306.102(a), 306.303, and
    306.304) on three occasions. On March 27, 1992, the Village of
    Cedarville (Village) filed a motion requesting that the Board
    dismiss the case. The Residents of Cedarville (Residents) have
    not filed a response to the motion.
    In its motion, the Village argues that the Board should
    dismiss this case because the Village is in substantial
    compliance with the Board’s regulations and because the Board has
    held that enforcement actions are inappropriate where there is
    substantial compliance. Specifically, the Village claims that it
    has operated its sanitary sewer system for 15.5 years through
    August 19, 1990, with violations on only three days, and notes
    that this record constitutes a violation rate of .05 percent and
    a compliance rate of 99.95 percent. Finally, the Village, in its
    motion, states as follows:
    complainants have executed and delivered to the
    Village their Releases for damages to Complainants
    arising out of the alleged incidents referred to in the
    Formal Complaint. Accordingly, the Complainants have
    waived their rights to bring the Formal Complaint.
    The Board notes that the Village did not attach to its
    motion copies of the releases to which it refers. Accordingly,
    the Board directs the Village to provide the Board with copies of
    the releases. Also, the Board directs the Village to explain, in
    the context of the Environmental Protection Act, the relevancy of
    the releases to this enforcement action before the Board. Such
    information is to be received by the Board no later than May 18,
    1992.
    IT IS SO ORDERED.
    133—139
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ___________
    day of
    ________________,
    1992 by a vote of
    7-0.
    7)7
    ~
    ~.
    ~Dorothy M,//unn, ~Clérk
    Illinois ~llution Control Board
    133—140

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