ILLINOIS POLLUTION CONTROL BOARD
October 20, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LEONARD FOSTER d/b/a/ RIVERCREST
MOBILE HOME PARK,
Respondent.
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PCB 06-4
(Enforcement - Public Water Supply)
OPINION AND 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 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, 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), 654.202 and 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 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’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.
On September 9, 2005, the People and respondents 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)).
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of
the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in several newspapers published by Pioneer Press including the
Kankakee Daily Journal
. The
notice was published on September 22, 2005. The Board did not receive any requests for
hearing. The Board grants the parties’ request for relief from the hearing requirement.
See
415
ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b).
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
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
respondents’ operations. Section 103.302 also requires that the parties stipulate to facts called
for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)). The People and respondents have
satisfied Section 103.302. Respondent admits the alleged violations and agrees to pay a civil
penalty of $3,500. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Leonard Foster d/b/a Rivercrest Mobile Home Park must pay a civil penalty of
$3,500, no later than November 21, 2005. Leonard Foster d/b/a Rivercrest
Mobile Home Park must pay the civil penalty by certified check money order, or
electronic transfer, payable to Illinois EPA designated for the Illinois
Environmental Protection Trust Fund. The case number, case name, and
respondents’ social security number or federal employer identification number
must be included on the certified check or money order.
3.
Leonard Foster d/b/a Rivercrest Mobile Home Park must send the certified check
or money order to:
Illinois Environmental Protection Agency
Fiscal
Services
Division
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
4.
A copy of each certified check, money order, or electronic funds transfer and any
transmittal letter shall be sent to:
Kristen Laughridge
Assistant Attorney General
Environmental
Bureau
500 South Second Street
Springfield,
Illinois
62702
Tom Andryk
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
3
P.O.
Box
19276
Springfield,
Illinois
62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Leonard Foster d/b/a Rivercrest Mobile Home Park must cease and desist from
the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on October 20, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
