ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VILLAGE OF HAINESVILLE, an Illinois
    municipal corporation,
    Respondent.
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    PCB 06-134
    (Enforcement - Public Water Supply)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 20, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against the Village of Hainesville.
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Accompanying the complaint was a
    stipulation and proposal for settlement. The complaint concerns the Village of Hainesville’s
    public water supply facility at Hainesville, Lake County.
    The People allege that the Village of Hainesville violated Sections 15(a) and 18(a) of the
    Environmental Protection Act (Act) (415 ILCS 5/15(a) and 18(a) (2004)) and 35 Ill. Adm. Code
    602.101(a) and 652.101(a). The People further allege that the Village of Hainesville violated
    these provisions by (1) constructing and completing a well and constructing a fluoride feed
    system without submitting plans and specifications to the Environmental Protection Agency and
    first obtaining a construction permit; and (2) failing to provide a distance of between 12 and 24
    inches between the overflow pipe of its finished water tank and the ground, thereby threatening a
    cross-connection.
    The January 18, 2006 stipulation and proposed settlement was accompanied by 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). Under the proposed stipulation, the Village of Hainesville neither admits nor denies
    the alleged violations but agrees to pay a civil penalty of $3,000.
    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) (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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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