ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF CHERRY VALLEY, an Illinois
    municipal corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-190
    (Enforcement – Public Water Supply)
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    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 (respondent).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
    violated Sections 602.202 and 602.102 of the Board’s regulations. The People further allege that
    respondent violated these provisions by failing to secure a permit for construction to the public
    water supply. The complaint concerns respondent’s public water supply facility in Winnebago
    County.
     
    On September 24, 2003, the People and respondent filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Environmental Protection Act (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 Boone County Journal
    and
    The Rock River Times
    on October 8, 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
    respondent’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 respondent have
    satisfied Section 103.302. Respondent admits the alleged violations 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.
    Respondent must pay a civil penalty of $3,000 no later than December 20, 2003,
    which is the 30th day after the date of this order. Respondent must pay the civil
    penalty by certified check or money order, payable to the Environmental
    Protection Trust Fund. The case number, case name, and respondent’s social
    security number or federal employer identification number must be included on
    the certified check or money order.
     
    3.
    Respondent 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) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Respondent 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
    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.
     
      
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 20, 2003, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

    Back to top