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.
    78-1
    —2—
    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
    78.2

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