ILLINOIS POLLUTION CONTROL BOARD
October 1, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF CARPENTERSVILLE,
Respondent.
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PCB 97-214
(Enforcement - Water)
ORDER OF THE BOARD (by M. McFawn):
On August 20, 1998, the Board entered an order accepting a stipulation and proposal
for settlement filed by the parties, which resolved this enforcement case. On September 14,
1998, the parties filed a “Joint Motion to Amend Order,” requesting that the Board vacate
paragraph 5 of its August 20 order.
Paragraph 5 of the Board’s order provides that “Respondent shall cease and desist from
the alleged violations.” The parties state that paragraph 7 of Section XI of their stipulation,
incorporated by reference into the Board’s order, was negotiated language included instead of
the standard “cease and desist” language. Paragraph 7 of Section XI of the stipulation
provides:
The Village shall commit no further violations of the Act, the
regulations promulgated thereunder, and the terms and conditions
of its NPDES permit. The Village shall at all times properly
operate and maintain its treatment plant so as to produce effluent
which meets the Standards of the Act, the regulations, and the
permit. Stip. at 14-15.
The Board finds that paragraph 7 of Section XI of the stipulation sufficiently conveys
the concept embodied in paragraph 5 of the Board’s order. Inasmuch as the parties would
prefer the language of paragraph 7, the Board grants their joint motion. The Board’s order of
August 20, 1998, is hereby amended to delete the language in paragraph 5 and replace it with
the stipulated language quoted above.
IT IS SO ORDERED.
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Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 1st day of October 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
