ILLINOIS POLLUTION CONTROL BOARD
    July 10, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF KEWANEE, a municipality,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-212
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a one-count complaint filed May 23, 1997,
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against the City of Kewanee, a
    municipality, regarding its facility located in Henry County, Illinois. The complaint alleges
    that the City of Kewanee violated Section 12(f) of the Environmental Protection Act (Act) (415
    ILCS 5/12(f) (1996)) and 35 Ill. Adm. Code 304.141(a) and 309.102(a) by violating the
    effluent limits of its National Pollutant Discharge Elimination System (NPDES) permit.
    On May 23, 1997, the parties filed a stipulation and settlement agreement and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2)(1996). The Board
    published a notice of the waiver on June 9, 1997. No objection to the granting of the waiver
    was received. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and settlement agreement sets forth facts relating to the nature,
    operations, and circumstances surrounding the claimed violations. The City of Kewanee
    admits the alleged violations and agrees to pay a civil penalty of $3,000.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This stipulation and settlement agreement in no way affects respondent’s
    responsibility 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.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and the City of Kewanee, a municipality,
    2
    regarding its facility located in Henry County, Illinois. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    The City of Kewanee shall pay the sum of $3,000 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 and shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check or money order shall indicate the City of Kewanee’s federal
    employer identification number 36-6005945 and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and
    the certified check or money order shall be simultaneously sent by first class
    mail to:
    Thomas S. Gozdziak
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11
    th
    Floor
    Chicago, Illinois 60601
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), 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.
    3.
    The City of Kewanee shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    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 service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; see also 35 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 10th day of July 1997, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top