ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    corporation,
     
    Respondent.
     
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    PCB 01-104
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
     
    On January 5, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against City of Waukegan, a Municipal
    Corporation (Waukegan).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    People allege that Waukegan violated Sections 12(a), (c), and (f) of the Act, and Sections
    304.141(b), 306.102(a), 306.304, 306.305(c), and 309.102(a) of the Board’s water pollution
    violations. 415 ILCS 5/12(a), (c), and (f) (2002); 35 Ill. Adm. Code 304.141(b), 306.102(a),
    306.304, 306.305(c), and 309.102(a). The People further allege that Waukegan violated these
    provisions by discharging untreated sewage into a drainage ditch. The complaint concerns
    Waukegan’s sewage lift station located at 4200 West McGaw Road, City of Waukegan, Lake
    County.
     
    On August 23, 2001, the Board entered summary judgment in favor of the People and
    against Waukegan on counts I, II, and IV (415 IL
    CS 5/12(a), (c), and (f) (2002); 35 Ill. Adm.
    Code 304.141(a), 306.102(a), and 309.102(a)). As to count III, the Board found that respondent
    violated Section 12(a) of the Act and Section 306.304 of the Board’s regulations, but that Section
    306.305(c) of the Board’s regulations did not apply. The Board directed the parties to proceed to
    hearing on the issue of remedy.
     
    On April 26, 2004, the People and Waukegan filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the 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). Under the proposed stipulation,
    Waukegan agrees to pay a civil penalty of $25,000.
     
    Unless the Board determines that a hearing is
    ter receiving the notice. If anyone timely
    request for relief and hold a
    , (c). The Board directs the
     
    2
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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