ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF WAUKEGAN, a municipal
    corporation,
     
    Respondent.
     
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 01-104
    (Enforcement – Water)
    OPINION AND 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 the City of Waukegan, a Municipal
    Corporation (the City).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    People allege that the City 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 the City violated these
    provisions by discharging untreated sewage into waters of the State on July 23, 1999 when both
    electric sewage pumps at the City’s facility failed. From July 23, 1999, until July 27, 1999, the
    City pumped approximately 31,600 gallons of untreated sewage from its facility into headwaters
    of the Middle Fork of the Chicago River. The complaint concerns the City’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 the City on counts I, II, and IV (415 ILCS 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 the City 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). The Board provided notice of the
    stipulation, proposed settlement, and request for relief. The newspaper notice was published in
    The News-Sun
    on May 19, 2004. 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)
    (2000); 35 Ill. Adm. Code 103.300(b).
     
     
    2
    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
    City’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 City have satisfied
    Section 103.302. Under the proposed stipulation, the City agrees to pay a civil penalty of
    $25,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. The City of Waukegan (the City) must pay a civil penalty of $25,000 no later than
    July 17, 2004, which is the 30th day after the date of this order. The City must
    pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and the
    City’s social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. The City 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
     
    A copy of the check or money order and the transmittal letters shall be sent to:
     
    Michael C. Partee (or other designee)
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, Suite 2001
    Chicago, Illinois 60601
     
    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 City must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
     
    3
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 17, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top