ILLINOIS POLLUTION CONTROL BOARD
August 8, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
OAK TERRACE SANITARY SYSTEM,
INC., an Illinois not-for-profit corporation,
Respondent.
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PCB 03-4
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On July 9, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Oak Terrace Sanitary System, Inc. (Oak
Terrace).
See
415 ILCS 5/31(c)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002; 35
Ill. Adm. Code 103.204. The People allege that Oak Terrace violated Sections 12(b) and (c)
of the Illinois Environmental Protection Act (Act) (415 ILCS 5/12(b), (c) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002 ;35 Ill. Adm. Code 309.202(a)). The People further allege
that Oak Terrace violated these provisions by constructing a sewer connection without a permit
issued by the Agency. The complaint concerns Oak Terrace’s development of the Oak
Terrace-Beyers Lake Estates subdivision in Pana, Christian County.
Additionally on July 9, 2002, the People and Oak Terrace filed a stipulation and
proposed settlement, accompanied by a request for relief from the hearing requirement of
Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)
amended
by P.A. 92-0-574, eff. June
26, 2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
(2000)).
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Pana
News-Palladium
on July 11, 2002. The Board did not receive any requests for hearing. The
Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code
103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Oak Terrace’s operations. Section 103.302 also requires that the parties stipulate to
facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Oak
Terrace have satisfied Section 103.302. Oak Terrace admits the alleged violations and agrees
to pay a civil penalty of $4,000. The Board accepts the stipulation and proposed settlement.
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This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Oak Terrace Sanitary System, Inc. (Oak Terrace) must pay a civil penalty of
$4,000 no later than September 8, 2002. Oak Terrace must pay the civil penalty
by certified check or money order, payable to the Environmental Protection
Trust Fund. The case number, case name, and Oak Terrace’s social security
number or federal employer identification number must be included on the
certified check or money order.
3.
Oak Terrace must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
5.
Oak Terrace must cease and desist from the alleged violations.
IT IS SO ORDERED.
Board Member W.A. Marovitz dissented.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906,
102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
The Board’s procedural rules provide that motions for the Board to reconsider or modify its
final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
Adm. Code 101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on August 8, 2002, by a vote of 6-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
