ILLINOIS POLLUTION CONTROL BOARD
September 18, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF ENFIELD, an Illinois municipal
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 04-30
(Enforcement - Public Water Supply)
ORDER OF THE BOARD (by T.E. Johnson):
On September 12, 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 Enfield.
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the People’s allegation that the Village
of Enfield violated Sections 15 and 18(a)(3) of the Environmental Protection Act (Act) (415
ILCS 5/15 and 18(a)(3) (2002)) and 35 Ill. Adm. Code 602.101. The People further allege that
the Village of Enfield violated these provisions by installing and using water main without
obtaining necessary construction and operation permits and not in compliance with applicable
regulations. The complaint concerns the Village of Enfield’s water distribution system in
Enfield, White County.
On September 12, 2003, the People and the Village of Enfield filed a stipulation and
proposed settlement, 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)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2002)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, the Village of Enfield admits the alleged violation(s) and agrees to pay a civil penalty
of $3,000.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board