ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF CAPRON,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 05-8
    (Enforcement – Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On July 20, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against the Village of Capron.
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent violated
    Section 18(a)(2) of the Environmental Protection Act (Act) (415 ILCS 5/18(a)(2) (2002)) and 35
    Ill. Adm. Code 611.882 and 611.885. The People further allege that respondent violated these
    provisions by failing to prepare and distribute consumer confidence reports. The complaint
    concerns respondent’s municipal potable water supply and distribution in Capron, Boone
    County.
     
    On January 27, 2005, the People and respondent 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)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the respondent admits the alleged violations and agrees to pay a civil penalty of
    $1,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top