ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITIZENS UTILITIES COMPANY OF
    ILLINOIS, an Illinois corporation and
    successor by merger to Metro Utility
    Company,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-115
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On November 25, 1998, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that the respondent violated Sections 12(a) and 12(f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(f) (1996)) and 35 Ill. Adm. Code
    304.106, 304.120(c), 304.121(a), 304.141(a), 305.102(b), 306.102(a), 309.102(a), and
    312.101, and Special Condition 5 and Standard Condition 5 of its National Pollutant Discharge
    Elimination System (NPDES) Permit No. IL0024732, Special Condition 5 and Standard
    Condition 5 of its NPDES Permit No. IL0049166, and Special Conditions 2, 5, and 7 and
    Standard Conditions 5, 12(c), and (d)(1) of its NPDES Permit No. IL0032000 by violating
    NPDES permit effluent limits, violating general effluent standards for deoxygenating waste
    and fecal coliform, failing to comply with reporting requirements, failing to maintain system
    reliability, causing or allowing offensive discharge, and failing to have properly certified
    treatment plant operators.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), 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 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. The respondent
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $65,000.
    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 Citizens Utilities Company of Illinois, an
    Illinois corporation and successor by merger to Metro Utility Company for
    alleged violations in St. Charles, Kane County, Illinois, Plainfield, Will
    County, Illinois, and Elgin Township, Kane County, Illinois. The stipulation
    and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    The respondent shall pay the sum of $65,000 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. The case number, case name, and the respondent’s
    federal employer identification number 36-2329125 shall also be included on the
    check (or money order) and should clearly indicate that payment is directed to
    the Environmental Protection Trust Fund.
    3.
    The 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:
    C. Dirk McElravey or his designee
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    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), 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 from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See
    172 Ill. 2d R. 335; see also 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 21st day of January 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top