ILLINOIS POLLUTION CONTROL BOARD
    June 4, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SALT CREEK DRAINAGE BASIN
    SANITARY DISTRICT, a municipal
    corporation,
    Respondent.
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    PCB 98-93
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed on December 30,
    1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Salt Creek Drainage Basin Sanitary District (respondent), a municipal
    corporation, located in DuPage County, regarding its facility located at 201 South Route 83,
    Villa Park, DuPage County, Illinois. The complaint alleges that respondent violated Section
    12(f) of the Environmental Protection Act (Act) (415 ILCS 5/12(f) (1996)), 35 Ill. Adm. Code
    305.102(a) and (b), and Special Condition 9 and Standard Conditions 12(d)(1) and (f) of its
    National Pollutant Discharge Elimination System (NPDES) permit by failing to report the
    actual result of samplings for chlorine residual and ammonia nitrogen daily maximum
    concentrations.
    On April 30, 1998, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the hearing requirement pursuant to Section 31(c)(2) of the Act.
    415 ILCS 5/31(c)(2) (1996). The Board published a notice of the request for waiver on May
    6, 1998. The Board did not receive any objections to the granting of the waiver.
    Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent admits the alleged violations, and agrees to
    pay a total civil penalty of $30,000.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, State, or local regulations, including but not limited to, the Act and the Board’s.
    This opinion constitutes the Board’s finding of fact and conclusions of law in this
    matter.
    2
    ORDER
    1) The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Salt Creek Drainage Basin Sanitary
    District, a municipal corporation, located in DuPage County, regarding its
    facility located at 201 South Route 83, Villa Park, DuPage County, Illinois.
    The stipulation and settlement agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Respondent shall pay the sum of $30,000 within 30 days of the date of this
    order, on or before July 4, 1998.
    1
    Such payment shall be made by certified
    check payable to the Treasurer of the State of Illinois, for deposit into the
    Illinois Environmental Protection Trust Fund, and shall be sent by First Class
    mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check shall clearly indicate on its face respondent’s federal
    employer identification number 366006092, and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and
    check shall be simultaneously submitted to:
    Bradley P. Halloran
    Assistant Attorney General
    Environmental Bureau
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1996)
    ), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    3)
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    1
    Because July 4th is a Saturday, payment will be due on July 6, 1998, the next business day.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 4th day of June 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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