ILLINOIS POLLUTION CONTROL BOARD
    November 29, 1979
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—203
    VILLAGE OF JEWETT,
    )
    Respondent.
    MR. PATRICK J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. BOBBY
    F. SANDERS, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the July 28, 1978 Complaint
    brought by the Illinois Environmental Protection Agency
    (“Agency”)
    which alleged that, from October
    24,
    1977 until July 28, 1978,
    the
    Respondent caused or allowed the discharge of wastewater containing con-
    taminants to flow into an unnamed tributary of Cottonwood Creek,
    a
    navigable water and water of the State of Illinois, which is tributary
    to Muddy Creek, which is tributary to the Embarras River, both of
    which are navigable waters and waters of the State of Illinois, with-
    out possessing an NPDES permit for point source discharges in violation
    of Rules 901 and 902(e) of Chapter
    3:
    Water Pollution Control Regula-
    tions and Section 12(f)
    of the Illinois Environmental Protection Act
    (“Act”).
    On August
    30,
    1978, the Agency filed its Request to Admit
    Facts.
    However,
    the Village of Jewett failed to respond to the
    Com-
    plainant’s request for admission of facts.
    Accordingly, under the
    Board’s Procedural Rule 314(c), each of the matters of fact is deemed
    admitted.
    A hearing was held on December 2,
    1978.
    The parties filed
    a Stipulation and Proposal for Settlement on January
    4,
    1979.
    The Respondent is an Illinois municipal corporation which oper-
    ates
    a public water supply system in the Village of Jewett in Cumber-
    land County,
    Illinois.
    The Village of Jewett
    is
    a small village with
    a population of only 238 individuals.
    There are 101 connections to
    the Respondent’s public water supply system.
    It is stipulated that
    the only time a discharge occurs from the system is in connection with
    the weekly back flushing operation.
    (Stip.
    3).
    36—155
    —2—
    The parties have stipulated that the Village of Jewett did,
    in
    fact, discharge wastewater containing contaminants into Illinois
    waters without an NPDES permit from October 24, 1977 until July
    28,
    1978.
    (Stip.
    2-3).
    The violations apparently occurred during
    a
    prior Village administration, and the current Mayor and Board of
    Trustees seem to have made good faith efforts to achieve compliance.
    (R.
    5-6).
    After the Complaint was filed,
    the Respondent made
    inquiries concerning the NPDES permit requirements and promptly filed
    an application for the NPDES permit.
    (Stip.
    3).
    It is stipulated
    that a proposed NPDES permit has been drafted by the Agency and that
    the permit has been sent out for public comment.
    (Stip.
    3).
    The proposed settlement agreement provides that the Respondent:
    (1)
    admits the allegations charged in the Complaint;
    (2)
    agrees to
    obtain an NPDES permit; and
    (3)
    agrees to pay a stipulated penalty of
    $100.00
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circumstances
    in light of the specific criteria delineated in Section 33(c) of the
    Illinois Environmental Protection Act.
    The Board finds the stipulated
    agreement acceptable under Procedural Rule 331 and Section 33(c)
    of
    the Act.
    The Board finds that the Respondent,
    Village of Jewett, has
    violated Rules 901 and 902(e) of Chapter
    3:
    Water Pollution Control
    Regulations and Section 12(f)
    of the Act.
    The stipulated penalty of
    $100.00
    is hereby assessed against the Respondent.
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent, Village of Jewett, has violated Rules 901 and
    902(e) of Chapter
    3:
    Water Pollution Control Regulations and Section
    12(f)
    of the Illinois Environmental Protection Act.
    2.
    Within 45 days of the date of this Order, the Respondent
    shall, by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $100.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    36— 156
    —3—
    3.
    The Respondent shall comply with all the terms and conditions
    of the Stipulation and Proposal for Settlement filed January
    4, 1979,
    which is incorporated by reference as if fully set forth herein.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certif~that the above Opinion and Order were adopted on
    the
    ~
    day of
    f)Lr-’-L.~
    ,
    1979 by a vote of
    4~.p
    Christan L. MoffetL~lerk
    Illinois Pollution Control Board
    36—
    157

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