ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF KEENSBURG and DAVID
    DALLAS d/b/a DALLAS CONSULTING,
    ENGINEERING - SURVEYING,
     
    Respondents.
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    PCB 03-108
    (Enforcement - Water)
          
     
    OPINION AND ORDER OF THE BOARD (by T. E. Johnson):
     
    On January 22, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the Village of Keensburg (Keensburg) and
    David Dallas, d/b/a Dallas Consulting, Engineering-Surveying (Dallas).
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). The People allege that Keensburg and Dallas violated
    Sections 15 and 18(a)(1) and (a)(2) of the Environmental Protection Act (Act) (415 ILCS 5/15,
    18(a)(1) and (a)(2) (2002)) and Section 602.101 of the Board’s regulations (35 Ill. Adm. Code
    602.101). The People further allege that Keensburg and Dallas violated these provisions by
    failing to obtain a permit for the construction of a water well and failing to obtain a supplemental
    permit for the completion of another water well. In addition, the People allege that Keensburg
    failed to obtain a permit for operation of the wells and a rehabilitated water treatment plant. The
    complaint concerns Keensburg’s water wells and water treatment plant in the Village of
    Keensburg in Wabash County.
     
    On January 22, 2003, the People and each respondent filed separate stipulations and
    proposed settlements, accompanied by a request for relief from the hearing requirement of
    Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)). These filings are authorized by
    Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)).
    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
    Daily Republican-Register
    on January 27, 2003. 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) (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
    Keensburg’s and Dallas’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) (2002)). The People and the
    respondents have satisfied Section 103.302. Under the proposed Keensburg stipulation,
    Keensburg admits the alleged violations and agrees to pay a civil penalty of $500. Under the
     
     
      
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    proposed Dallas stipulation, Dallas admits the alleged violations and agrees to pay a civil penalty
    of $5,000. The Board accepts the stipulations and proposed settlements.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulations and proposed
    settlements.
     
    2. Keensburg must pay a civil penalty of $500 no later than March 22, 2003, which
    is the 30th day after the date of this order. Keensburg must pay the civil penalty
    by certified check or money order, payable to the Environmental Protection Trust
    Fund. The case number, case name, and Keensburg’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. Dallas must pay a civil penalty of $5,000 no later than March 22, 2003, which is
    the 30th day after the date of this order. Dallas must pay the civil penalty by
    certified check or money order, payable to the Environmental Protection Fund.
    The case number, case name, and Dallas’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Keensburg and Dallas must send the certified checks or money orders 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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Keensburg and Dallas must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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) (2002);
    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
     
     
      
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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