ILLINOIS POLLUTION CONTROL BOARD
    April
    25,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—217
    )
    (Enforcement)
    RAGING RIVERS WATER PARK,
    )
    a Missouri corporation,
    )
    )
    Respondent.
    JAMES L.
    MORGAN APPEARED ON BEHALF OF ‘THE COMPLAINANT;
    and
    JOSEPH T. PORTER APPEARED ON BEHALF OF THE RESPONDENT
    OPINION AND ORDER OF THE BOARD
    (by
    M. Nardulli):
    This matter comes before the Board upon a complaint filed
    November
    14, 1990 on behalf of the People of
    the State of
    Illinois
    (“People”), by and through its attorney, Roland Burns,
    Attorney General of the State of Illinois, against Raging Rivers
    Water
    Park,
    located Grafton, Jersey County,
    Illinois.
    The
    complaint alleges that Raging Rivers Water Park has violated
    Section 12(a)
    and
    (f)
    of the Illinois Environmental Protection
    Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001,
    et.
    seq.,
    and
    35 Ill. Adm. Code 309.102(a)
    and 309.154(a)
    of
    the
    Board’s rules and regulations.
    Hearing on this matter was held March
    27,
    1991
    in
    Jerseyville, Jersey County,
    Illinois.
    At hearing,
    the parties
    submitted a Stipulation and Settlement Agreement,
    executed by the
    parties.
    The Stipulation sets forth facts pertaining
    to the
    nature, operations,
    and circumstances surrounding the claimed
    violations.
    Raging Rivers Water Park agrees to pay
    a civil
    penalty of eleven thousand five hundred dollars
    ($11,500)
    for
    discharges without an NPDES permit and one thousand dollars
    ($1,000)
    for construction without
    a permit.
    Raging Rivers Water
    Park further agrees
    to cease and desist from the alleged
    violations.
    The ~oard 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
    Eederal,
    state or
    local regulations, including but not limited to the Act
    and the Board’s pollution control
    regulations.
    12 1—623
    —2—
    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 Raging Rivers Water Park,
    concerning Raging Rivers Water Park’s operations
    located
    in Grafton,
    Jersey County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.)
    Raging Rivers Water Park shall pay the sum of twelve
    thousand five hundred dollars
    ($12,500) 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
    Raging Rivers Water Park shall also write
    its Federal
    Employer
    Identification Number or Social Security
    Number on the certified check
    or money order.
    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,
    (Ill. Rev.
    Stat.
    1989,
    ch.
    120, par.
    10—
    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.
    Section
    41 of
    the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch. ll1~,par.
    1041, provides
    for appeal
    of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of
    Illinois establish
    filing requirements.
    IT
    IS SO ORDERED.
    J.
    D.
    Dumelle dissented.
    121—624
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ~5~Z
    day of
    4D,tLL
    ,
    1991, by a
    vote of
    ________.
    Control Board
    12 1—625

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