ILLINOIS

POLLUTION CONTROL BOARD

August

30,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant

)

vs.

)

PCB 90—106

(Enforcement)

VILLAGE

OF IPAVA,

an Illinois

municipal corporation,

Respondent.

APPEARANCE FOR COMPLAINANT BY JOHN

J.

KIM,

ASSISTANT ATTORNEY

GENERAL.

APPEAPANCE

FOR

RESPONDENT

BY

TED

G.

COLLINS,

COLLINS

AND

9ORDNER.

OPINION

AND

ORDER

OF

THE

BOARD

(by

R.

C.

F1ema1)~

This

matter

comes

before

the

Board upon

a

complaint

filed

June

7,

1990,

on

behalf

of

the

Illinois

Environmental

Protection

Agency (“Agency”), by and through

its attorney, Neil

F.

Hartigan,

Attorney General

of

the State of Illinois,

against

the Village of

Ipava

(“Ipava”).

The complaint alleges

that loava has violated

Section 18(a)

of the Illinois Environmental Protection Act

(“Act”),

Ill.

Rev.

Stat.

1989,

ch.

111

1/2, pars.

1001,

et seq.,

and

35

Ill.

Adm.

Code 604.301

of

the Board’s rules

and

regulations.

nearing

on

this matter was held August

10,

1990,

in

Lewistown,

Illinois.

At hearing,

the parties submitted

a

Stipulation and Settlement Agreement

(“Agreement”), executed

by

the

parties.

Ipava admits the alleged violations.

The

parties

agree

that

a

penalty

in

this

instance would

be

inappropriate.

Rather,

the

parties

agree

to

a

construction

schedule

for

system

improvements

designed

to

achieve

compliance,

commencing

on

the

date

of

this

Board

Order

as

set

forth

in

the

Agreement.

The parties further

aaree

that

to aid

in enforcement

of

the construction

schedule,

Ipava would pay contingent

penalties pursuant

to

the schedule set forth

in

the Aqreement and

the Board’s Order.

The

Board

finds

the

Settlement Aqreement acceutable under

35

Ill.

Adm.

Code

103.180.

The

Settlement

Agreement

in

no

way

affects Respondent’s resoonsiblity to

comply

with

any

federal,

state

of local

regulations,

includinq

but

not limited

to

the Act

and

the Board’s oollution control

requlations.

This Opinion constitutes

the Board’s

findings of

fact

and

conclusions

of law in

this matter.

I

I

!~•~~i:~

1

---

ORDER

1.)

The Board hereby accepts

the Stipulation and Settlement

Agreement executed by the Illinois Environmental

Protection Agency and

the Village of Ipava

(“Ipava”i,

concerning

Ipava’s public water supply system.

The

Stipulation

and Settlement Agreement are incorporated by

reference as though fully set forth herein.

2.)

Ipava

shall pay contingent penalties pursuant

to

the

followinq schedule:

(a)

If

Ipava

fails

to commence construction by November

29, 1990,

it shall pay a contingent penalty of two

hundred

fifty dollars

($250.00)

for the initial

violation and two hundred

fifty dollars

($250.00)

for each day such violation continues, with

a

maximum contingent penalty of

five hundred dollars

($500.00) per month.

(b)

If Ipava

fails

to complete construction by August

30,

1991,

it shall pay a contingent penalty of two

hundred fifty dollars

($250.00)

for the

initial

violation and

two hundred

fifty dollars

($250.00)

for each day such violation continues, with

a

maximum contingent penalty of five hundred dollars

($500.00)

per month.

Cc)

All oayments of contingent penalties

shall

be made

by certified check

or money order

to the

Environmental

Protection Trust

Fund and submitted

by First Class mail

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Chruchill

Road,

P.O.

Box 19276

Springfield

IL

62794—9276

All payments of continaent penalties

shall be made within

thirty

(30)

days of the violation(s).

The name, number of the

case and the Village’s FEIN number shall

appear on the certified

check

or money order.

Section

41 of the Environmental Protection Act,

Ill.

Rev.

Stat.

1989

ch. 1ll~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.

114’ ~22

---

—3—

IT IS

SO ORDERED.

Board Member

J. Theodore Meyer dissented.

I,

Dorothy M. Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify that the ab ye Opinion and Order was

adopted on the

3c’71-

day of ________________________,

1990 by

avoteof

~-/

.

C

Ddrothy M. G~inn,Clerk

Illinois

Pollution

Control

Board

114-~23