ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF CHERRY VALLEY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 03-190
    (Enforcement - Public Water Supply)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 15, 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 Cherry Valley.
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the Village of Cherry
    Valley violated section 18 of the Environmental Protection Act (415 ILCS 5/18 (2002)) and
    sections 602.101 and 602.102 of the Board’s public water supply regulations (35 Ill. Adm. Code
    602.101 and 602.102). The People further allege that the Village of Cherry Valley violated these
    provisions by completing modifications to and operating its public water supply system before
    receiving a construction permit and operating permit issued by the Illinois Environmental
    Protection Agency. The complaint concerns the Village of Cherry Valley’s public water supply
    facility in Cherry Valley, Winnebago County.
     
    The Board accepts the complaint for hearing.
    See
    35 Ill. Adm. Code 103.212(c). A
    respondent’s failure to file an answer to a complaint within 60 days after receiving the complaint
    may have severe consequences. Generally, if the Village of Cherry Valley fails within that
    timeframe to file an answer specifically denying, or asserting insufficient knowledge to form a
    belief of, a material allegation in the complaint, the Board will consider the Village of Cherry
    Valley to have admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the
    hearing officer to proceed expeditiously to hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top