ILLINOIS POLLUTION CONTROL BOARD
    July 27, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LAKE OF EGYPT WATER DISTRICT,
    WILLIS DALE SHADOWENS, and GARY
    RHODES,
    Respondents.
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    PCB 99-72
    (Enforcement - PWS)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On June 26, 2000, the complainant and respondent Willis Dale Shadowens filed a
    stipulation and proposal for settlement of this action only as it involves Shadowens. The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondent violated Sections 15, 16.1, 18, and 19 of the Environmental
    Protection Act (Act) (415 ILCS 5/15, 16.1, 18, and 19 (1998)), and the Board’s regulations at 35
    Ill. Adm. Code 601.101, 602.101, 602.102, 602.115, 611.251, 611.262(b), 652.102, and 652.203
    by constructing and operating water main extensions without construction and operating permits,
    failing to pay water main extension and modification fees, failing to properly disinfect water
    main extensions and a water tank, failing to properly collect turbidity samples, and falsifying
    monthly turbidity reports.
    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
    Vienna Times
    and the
    Marion Daily Republican
    on June 29, 2000. 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 admits
    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.
    2
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Willis Dale Shadowens. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth herein.
    2. The respondent shall pay a penalty of $25,000. A partial payment of $5,000 is
    due within 30 days of the date of this order and subsequent monthly payments of
    $333.33 shall be due beginning October 2000. The monthly payments shall
    continue until the balance of the penalty is paid in full. Such payments shall be
    made by certified check to the Illinois Environmental Protection Agency,
    designated to the Environmental Protection Trust Fund. The case number, case
    name, and the respondent’s social security number shall also be included on the
    certified checks and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3. The certified checks or money orders 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
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    Illinois Attorney General’s Office
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    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 (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.
    5. Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    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
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    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 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 27th day of July 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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