ILLINOIS POLLUTION CONTROL BOARD
    September 15, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LEONARD FOSTER d/b/a/ RIVERCREST
    MOBILE HOME PARK,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-4
    (Enforcement - Public Water Supply)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On July 6, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Leonard Foster d/b/a Rivercrest Mobile
    Home Park (respondent). The People’s complaint concerns respondent’s public water supply,
    which is located in the Rivercrest Mobile Home Park at 5800-5830 South River Road, Chebanse,
    Kankakee County. The parties now seek to settle without a public hearing. For the reasons
    below, the Board directs the Clerk to provide public notice of the parties’ stipulation, proposed
    settlement, and request for relief from the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that respondent violated Sections 18 and 18(a)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/18 and 18(a)(1) (2004)), and provisions of the
    Board’s rules at 35 Ill. Adm. Code 601.101, 606.101, and 611.240(g). The People further allege
    that respondents violated the rules of the Illinois Environmental Protection Agency (Agency) at
    35 Ill. Adm. Code 653.109(d) and (e), 653.103(a), 653.604(a), and 654.202, as well as Sections
    3.2.1.1, 3.2.1.2, 3.2.7.5, and 3.2.5.8 of the
    Recommended Standards for Water Works as adopted
    by the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers
    ,
     
    1982 edition.
    1
      
    Respondent allegedly violated these provisions by, among other things, not having adequate
    capacity and rate of delivery, failing to provide adequate chlorination, and failing to meet
    construction requirements for the public water supply.
     
    The People and respondent filed a stipulation and proposed settlement on
    1
    The
    Recommended Standards for Water Works as adopted by the Great Lakes-Upper
    Mississippi River Board of State Sanitary Engineers
    ,
     
    1982 edition, are incorporated by reference
    in the Agency’s rules at 35 Ill. Adm. Code 651.102, and the Agency is authorized by Board rule
    at 35 Ill. Adm. Code 602.115 to adopt technical policy statements for design, operation, and
    maintenance of public water supplies.
     
    2
    September 9, 2005, and a request for relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (2004)) on September 12, 2005. These filings are authorized by
    Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an
    opportunity to request a hearing whenever the State and a respondent propose settling an
    enforcement action without a public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the
    proposed stipulation, respondent admits the alleged violations and agrees to pay a civil penalty of
    $3,500.
     
    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.
    See
    415 ILCS 5/31(c)(2) (2004); 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 September 15, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
       
     
     
     

    Back to top