ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF ENFIELD, an Illinois municipal
    corporation,
     
    Respondent.
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    PCB
    04-30
     
    (Enforcement - Public Water Supply)
     
     
    OPINION AND 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 (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
    (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 a water main without
    obtaining necessary construction and operation permits and are 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 also 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    Board published newspaper notice in the Carmi Times on September 17, 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 the
    Village of Enfield’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 Village of
    Enfield have satisfied Section 103.302. The Village of Enfield admits the alleged violation(s)
    and agrees to pay a civil penalty of $3,000. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    The Village of Enfield must pay a civil penalty of $3,000 no later than
    November 15, 2003, which is the 30th day after the date of this order. The
    Village of Enfield must pay the civil penalty by certified check or money order,
    payable to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and the Village’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    The Village of Enfield must send the certified check or money order 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.
    The Village of Enfield 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);
    s
    ee 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
    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 October 16, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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