ILLINOIS POLLUTION CONTROL BOARD
    August 20, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VILLAGE OF CARPENTERSVILLE,
    Respondent.
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    PCB 97-214
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On July 8, 1998, the parties filed a stipulation and proposal for settlement. The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondent violated Sections 12(a) and 12(f) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 12(f) (1996)) and 35 Ill. Adm. Code 304.120(a),
    304.121(a), 304.141(a), and 309.102(a) by violating the effluent limits of its National
    Pollutant Discharge Elimination System permit and by violating the general effluent standards
    for fecal coliform, biochemical oxygen demand
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    and total suspended solids.
    Pursuant to Section 31(a)(2) of the Act (415 ILCS 5/31(a)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent
    admits the alleged violations and agrees to pay a civil penalty of $17,000. Respondent must
    continue to comply with any federal, State, or local regulations including, but not limited to,
    the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in
    this matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and the
    Village of Carpentersville
    , a municipal
    corporation, regarding its wastewater treatment facility located at 1070 Tarmac
    Drive, Carpentersville, Kane County, Illinois. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
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    2.
    The respondent shall pay the sum of $17,000 within 30 days of the date
    of this order. Such payment shall be made by certified check or money
    order payable to the Treasurer of the State of Illinois. The case number,
    case name, and respondent’s federal employer identification number (36
    6005 87) shall also be included on the check (or money order). The
    check (or money order) should clearly indicate that payment is directed
    to Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail 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 payment transmittal and check shall be simultaneously submitted
    to:
    Alyssa L. Fron
    Assistant Attorney General
    Environmental Bureau
    Office of the Illinois Attorney General
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    4.
    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), 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.
    5. 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 order was adopted on the 20th day of August 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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