ILLINOIS POLLUTION CONTROL BOARD
June 17, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF SPARTA, an Illinois corporation,
Respondent.
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PCB 98-153
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a three-count complaint filed on May 7,
1998, by the Attorney General of the State of Illinois, on behalf of the People of the State of
Illinois, against the City of Sparta (respondent), an Illinois corporation, located in Randolph
County, Illinois. The complaint alleges that respondent violated Sections 12(a), (f), and (h) of
the Environmental Protection Act (Act) (415 ILCS 5/12(a), (f), (h) (1996)), 35 Ill. Adm.
Code 309.102(a), 309.202(a), and 309.204(a) by (1) causing or allowing digester decant
discharge which caused water pollution, (2) discharging digester decant without a National
Pollutant Discharge Elimination System (NPDES) permit, and (3) constructing and operating a
wastewater treatment facility without a permit.
On May 7, 1998, the parties filed a stipulation, proposal for settlement, 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
13, 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 $8,000.
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.
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ORDER
1) The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and the City of Sparta, an Illinois corporation,
located in Randolph County, Illinois. The stipulation and settlement agreement
are incorporated by reference as though fully set forth herein.
2)
Respondent shall pay the sum of $8,000 within 30 days of the date of this order,
or on or before July 18, 1998. 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 37-6001892, and that payment is directed to the
Environmental Protection Trust Fund. A copy of the payment transmittal and
check shall be simultaneously submitted to:
Office of the Attorney General’s
Environmental Bureau
500 South Second Street
Springfield, IL 62794
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.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 17th day of June 1998 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board