ILLINOIS POLLUTION CONTROL BOARD
    July 22, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF POPLAR GROVE, an Illinois
    municipal corporation, and R.H.
    BATTERMAN & COMPANY, INC., a
    Wisconsin corporation,
     
    Respondents.
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    PCB 04-142
    (Enforcement - Public Water Supply)
          
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On February 18, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the Village of Poplar Grove and R.H.
    Batterman & Company, Inc. (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The People allege that respondents violated Section 18(a)(2) and (a)(3) of the
    Environmental Protection Act (Act) (415 ILCS 5/18(a)(2) and (a)(3) (2002)) and 35 Ill. Adm.
    Code 602.101. The People further allege that the respondents violated these provisions by
    beginning construction of improvements to a public water supply without a permit issued by the
    Illinois Environmental Protection Agency. The complaint concerns public water supply facilities
    located at the Village of Poplar Grove, Boone County.
     
    On June 14, 2004, the Parties 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)). These filings are 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
    Belividere Republican
    on June 22, 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) (2002); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulation and proposed settlement. 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
    respondents’ 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 respondents have satisfied Section 103.302. Under the proposed
    stipulation, the Village of Poplar Grove admits the alleged violations and agrees to pay a civil
    penalty of $1,000. Under the proposed stipulation, R.H. Batterman & Company, Inc. admits the
     
      
     
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    alleged violations and agrees to pay a civil penalty of $3,000. The Board accepts the stipulations
    and proposed settlements.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulations and proposed
    settlements.
     
    2.
    The Village of Poplar Grove must pay a civil penalty of $1,000 no later than
    August 23, 2004. The Village of Poplar Grove 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 Village of Poplar Grove’s social
    security number or federal employer identification number must be included on
    the certified check or money order.
     
    3.
    R.H. Batterman & Company, Inc. must pay a civil penalty of $3,000 no later than
    August 23, 2004. R.H. Batterman & Company, Inc. must pay the civil penalty by
    certified check or money order, payable to the Environmental Protection Fund.
    The case number, case name, and R.H. Batterman & Company, Inc.’s social
    security number or federal employer identification number must be included on
    the certified check or money order.
     
    3.
    Respondents must send the certified checks or money orders 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.
    Respondents 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
     
      
      
     
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    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 July 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      
      

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