ILLiN3I~ POLLUTION CONTROL

HOARD

November 19, 1987

ILLINOIS ENVIRONMENTAL

PROTECTiON AGENCY,

Complainant,

v.

)

PCB 86—110

VILLAGE OF DUNLAP,

Resoondent.

GERALD 

KARR, ASSISTANT 

ATTORNEY GENERAL, APPEARED ON BEHALF OF

COMPLAINANT.

OPINION AND ORDER OF THE BOARD (by J.D. Durnelle):

This matter comes before the Board upon Complainant’s July

28, 1986 Complaint which alleges the following: Failure ~o

procure required construction permit(s) in violation of 35 Iii.

Adm. Code Section 309.202; failure to procure operating permit(s)

in violation of 35 Ill. Adm. Code Section 309.203; violation of

Ill. Rev. Stat. cti Ill 1/2 par 1012(a) by allowing individual

citizens to connect to the City’s new sewer extension.

Hearing was held on September 17, 1987; no members of the

public were present. At hearing the parties introduced an

executed Stipulation and Proposal For Settlement I~Stipulationj

and Admissions Of Violation. Tne Stipulation is attached and

adequately addresses the facts in this matter. Accordingly, this

opinion will not contain the customary discussion of the

issues. Respondent admits to the violations and agrees to pay a

penalty of ~500 to the Environmental Protection Trust Fund.

In evaluating tnis enforcement action and proposed

settlement agreement, the Board has considered the facts and

circumstances in light of the specific criteria of Ill. Rev.

Stat. ch. 111 1/2 par. 1033(c) and finds the Stipulation and

Proposal For Settlement acceptable under 35 Ill. Adm. Code

103.180. Accordingly, the Board orders Respondent to comply with

the order set fortn below.

This Opinion and Order constitutes the Board’s findings of

fact and conclusions of law in tnis matter.

83—21

ORDER

It is the Order of 

the Illinois

Pollution Control Board

tnat:

1.  The Board hereby accepts tne Stipulation and Proposal

For Settlement executed by tne Illinois ~nvironrnental

Protection Agency and the Village of Dunlap, filed on

September 17, 1987. The terms and conditions of t.ne

Stipulation and Proposal For Settlement, which is

attached hereto, are incorporated into tnis Order.

2.  Tne Board makes tne following findings of violations

against Respondents:

a)  Violation of Ill. Rev. Stat. ch 111 1/2 par.

1012(a);

b)  Violation of 35 Ill. Adm. Code Section 309.202;

c)

Violation of 35 Ill. 

Adrn. Code Section ~09.203.

3.  Respondent shall, by certified check or money order,

payable to the State of Illinois designated for deposit

into tne Environmental Protection Trust Fund, pay the

sum of $500 (five hundred dollars). The sum shall be

paid within 30 days of the date of this Order. Payment

shall be mailed to:

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tnat the above Ooinion and Order was

adopted on the  

day of 

_____________,

1987 by a vote

of

Dorothy N. unn, C.Lerk

Illinois Pollution Control Board

83—22

STATE OF ILLINOIS

)

COUNTY OF PEORIA  

)

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONXENTAL PROTECTION AGENCY, 

)

Complainant,

)

—vs—             

)

PCB 86—

VILLAGE OF DUNLAP,

Respondent.

STIPULATION AND PROPOSAL FOR SETTLEMENT

Now comes Complainant, Illinois Environmental Protec-

tion Agency, by its Attorney Neil F. Hartigan, Attorney General

of the State of illinois, and Respondent, Village of Dunlap, a

municipal corporation, by its Village President, Kenneth

Donsbach, and do hereby submit this Stipulation and Proposal for

Settlement. The parties agree that the statement of facts con-

tained 

herein

represents a fair 

summary

of the evidence and tes-

timony which would be introduced by the parties if a full hearing

were held. The parties further stipulate that this statement of

facts is made and agreed upon for purposes of settlement only and

that neither the fact that a party has entered into this Stipula-

tion, nor any of the facts stipulated herein, shall be introduced

into evidence in. this or any other proceeding except to enforce

the terms hereof by the parties to this agreement. This agree-

ment shall be 

null

and void unless the Illinois Pollution Control

Board (hereinafter “Board”) approves and disposes of this matter

on each and every one of the terms and conditions of the settle-

ment set forth herein.

—1—

83—23

STATEMENT OF FACTS

1. Ccrnplainant,

Illinois

Environmental Protection

Agency (hereinafter “Agency”), is an administrative agency es-

tablished in the executive branch of the State government by Sec-

tion 4 of the Illinois Environmental Protection Act (hereinafter

“the Act”), Ill.Rev.Stat., 1985, ch. 11. 1/2, par. 1001 ~

and charged, inter alia, with the duty of enforcing the Act, pur-

suant to Title VIII thereof and recovering civil penalties pur-

suant to Title XII thereof.

2. Respondent, Village of Dunlap (hereinafter “Respon-

dent”), is a municipal corporation located in Peoria County,

Illinois.

3. Sometime in February, 1985, Respondent caused or

allowed the construction of a 615 foot sewer extension, which was

connected to the Village’s existing sanitary system.

4. At no time did Respondent apply for or receive a

construction permit from the Agency to install the extension to

its existing sewer system, in violation of Section 12(b) of the

Act and Ill. Adm. Code Section 309.202(a).

5. Beginning sometime in February, 1985 Respondent

operated the 615 foot sewer extension without applying for or

receiving an operating permit from the Agency, in violation of

Section 12(b) of the Act and 35 Ill. Adm. Code 309.203.

6. Sometime after the construction of the sewer exten-

sion, Respondent caused or allowed the residents to tap-on to the

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S3— 24

sewer and further allowed the residents to place their public

water supply pipes in the same trenches as the sewer pipes, in

violation of Section 12(a) of the Act.

7. Respondent was notified of the violations of Sec-

tions 12(a) and 12(b) of the Act and 35 Ill. Adm. Code 309.202 (a)

and 309.203 on April 1, 1986. At this time Respondent was also

notified of the Agency’s intent to bring an enforcement action

and was offered an opportunity to meet with Agency representa-

tives in order to resolve the conflicts which have resulted in

the filing of a complaint, in accordance with the requirements of

Section 31(d) of the Act. Ill.Rev.Stat. 1985, ch. 111 1/2, par.

1031(d). The Section 31(d) meeting was held on April 29, 1986.

8. Prior to the 31(d) meeting, Respondent submitted to

the Agency an application on January 13, 1986, for an operating

permit for the sewer extension. On January 21, 

1986, 

the Agency

issued an operating permit to the Village of Dunlap for the sewer

extension (attached as Exhibit 1).

9. Respondent’s construction and operation of the

sewer extension from February 1985 until January 21, 1986 con-

stituted a violation of Section 12(b) of the Act and 35 Ill. Adm.

Code 309.202(a) and 309.203 during that time period. The place-

ment of the sewer tap-ens and the public water supply pipe in the

same trench constitutes a violation of Section 12(a) of the Act.

—3—

83—2

PROPOSAL FOR SETTLEMENT

As a result of the settlement discussions between the

parties and of actions taken by Respondent, the parties believe

that the public interest will be best served by resolution of

this enforcement action under the terms and conditions provided

herein. This proposal for settlement is expressly conditioned

upon and effective only with the approval thereof in all respects

by the Board. All statements contained herein are agreed to for

purposes of settling this action only and shall be null and void

and of no effect in any further proceeding or cause of action if

the Board does not approve this proposal for settlement in its

entirety.

TERMS OF SETTLEMENT

The Village of Dunlap and the Agency have agreed to the

following Terms of Settlement. These terms shall be in full set-

tlement of the action filed herein by the Agency and Respondent’s

liability for all violations alleged in the Complaint.

1. The Agency contends and Respondent admits the facts

as set out in the Complaint constitute the following violations

of the Act and the Board Regulations:

Count I: Section 12(b) of the Act and

35 Ill. Adm. Code 309.202(a).

Count II: Section 12(b) of the Act and

35 Ill. Adni. Code 309.203.

Count III: Section 12(a) of the Act.

—4—

83—26

2. The violations alleged in the Complaint filed in

this action by the Agency and which Respondent admits, are to

date, the only prior violations of the Illinois Enviornmefltal

Protection Act and Rules and Regulations of the Illinois Pollu-

tion Control Board.

3. Respondent has agreed that it will correct all ser-

vice connections where the sewer tap—ons and the water supply

pipes are placed in the same trench, so as to conform to Agency

Design Standards and the State Plumbing Code, by May 31, 1986.

4. Respondent agrees to cease and desist from any and

all violations of the Illinois Environmental Protection Act and

Rules and Regulations of the Illinois Pollution Control Boa:~.

5. Respondent agrees to abide by all terms and condi-

tions of all operating permits issued by the Agency.

6. The parties enter into this Stipulation and Pro-

posal for Settlement and Respondent agrees to pay a penalty

specified in this paragraph in order to avoid the substantial

costs, inconveniences and uncertainties of further litigation.

In order to resolve this dispute and as a condition of settle-

ment, Respondent agrees to pay a penalty of five hundred dollars

($500.00) into the Environmental Protection Trust Fund within

thirty (30) days from the date on which the Board adopts a final

order approving, accepting and incorporating this Stipulation and

Proposal for Settlement. The Agency deems the payment to be ap-

propriate to aid in the enforcement of the Act under the circum-

stances of this case.

—5—

83—27

For Complainant

Dated:

gkstolb

For Respondent

VILLAGE OF DUNLAP

Village President

WHEREFORE, Complainant and Respondent jointly request

that the Board adopt and accept the foregoing Stipulation and

Proposal for Settlement as written.

ILLINOIS 

ENVIRONMENTAL

PROTECTION AGENCY

By:_____________________

~O~EPHE. SVOBODA

~~nager, Enforcement Programs

—6—

83—2S

CERTIFICATE OF SERVICE

I,

GERALD T.

KARR, an attorney hereby certify that I caused

a true and accurate copy of the attached Complaint and Stipula-

tion And Proposal For Settlement to be served upon,

Kenneth Donsbach

Village President

Village of Dunlap

P.O. Box 116

Dunlap, Illinois 61525

by causing said copies to be mailed registered mail postage pre-

paid, to the address indicated above, from 100 West Randolph

Street, Chicago, Illinois 60601 on July 28, 1986.

gnof 1

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S

3—29