ILLINOIS POLLUTION CONTROL BOARD
May 14, 1987
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Petitioner,
V.
)
PCB 84—65
)
VILLAGE OF ORANGEVILLE,
)
Respondent.
ORDER OF THE BOARD (by J.D. Dumelle):
This matter comes before the Board upon the Illinois
Environmental Protection Agency’s (Agency) Verified Motion for
Contingent Penalties filed on April 27, 1987. The Agency’s
verified motion states that the Village of Orangeville
(Orangeville) failed to comply with provisions of the Board’s
Order of December 5, 1985. Orangeville’s unverified response,
filed May 11, 1987, failed to contain sufficient information to
demonstrate compliance with that order, and included a motion for
oral argument, which the Board granted. J. Milton Bostian,
Village President of Orangeville, addressed the Board and the
Attorney General’s Office was present and responded.
Paragraph 4(a) of the Board’s December 5, 1985, Order
required installation of equipment to test for total suspended
solids and fecal coliform. Paragraph 4(d) required installation
of a master water meter. The Village President, äuring his May
14, 1987, oral statements to the Board, asserted that Orangeville
had not installed any of this equipment and that it had no
intention of doing so or of running the tests for total suspended
solids and for fecal coliforni. Paragraph 6 of the December 5,
1985, Order clearly stated.
Should the Village of Orangeville fail to
correct any of the violations enumerated in
paragraph 4 above within 9 months of the date
of this Order, or fail to comply with the
provisions of paragraph 5, it shall pay an
additional $1,000 per month for each month of
delay.
However, in no event shall the
penalties payable under this paragraph exceed
$7,000. Such penalties shall be paid in like
manner and to the same address as provided in
paragraph 3 of this Order.
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Based on the information contained in the Agency’s verified
motion, as well as the Village President’s statements, the Board
finds Orangeville in violation of the Board’s December 5, 1985,
Order and, therefore, grants the Agency’s motion for contingent
penalties. As Orangeville has been in violation for more than
eight months, Orangevil.e is hereby instructed to pay the $7,000
civil penalty in the manner specified in the Board’s Order of
December 5, 1985.
IT IS SO ORDERED
Board Member
3.
Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the /~t~Zday of _______________________, 1987, by a vote
of ~.ç—/
.
Dorothy N. Gunn, Clerk
Illinois Pollution Control Board
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