ILLINOIS POLLUTION CONTROL BOARD

March 16, 2006

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

VILLAGE OF HAINESVILLE, an Illinois

municipal corporation,

Respondent.

)

PCB 06-134

(Enforcement - Public Water Supply)

OPINION AND 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. For the reasons below, the Board

accepts the parties’ stipulation and proposed settlement.

Under the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (2004)), the

Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the

People to enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2004); 35 Ill. Adm.

Code 103. In this case, the People allege that the Village of Hainesville violated Sections 15(a)

and 18(a) of the 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 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 20, 2006 stipulation and proposed settlement was 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)),

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). The Board provided notice of the stipulation, proposed settlement, and request

for relief from hearing. The Board published newspaper notice in the

Grayslake Times

February 10, 2006. 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).

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 the

Village of Hainesville’s 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)), which bears on the

reasonableness of the circumstances surrounding the alleged violations.

The Village of Hainesville neither admits nor denies the alleged violations. The

stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)),

which may mitigate or aggravate the civil penalty amount. The Village of Hainesville agrees to

pay a civil penalty of $3,000, which the People assert will serve to deter further violations and

aid in future voluntary compliance.

The People and the Village of Hainesville have satisfied Section 103.302. The Board

accepts the stipulation and proposed settlement. This docket is now closed.

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. The Village of Hainesville, through its attorney of record, must pay a civil penalty

of $3,000 no later than April 17, 2006, which is the first business day after the

30th day after the date of this order. The Village of Hainesville must pay the civil

penalty by certified check, money order, or electronic funds transfer, payable to

the Environmental Protection Trust Fund. The case number, case name, and the

Village of Hainesville’s social security number or federal employer identification

number must be included on the certified check or money order.

3. The Village of Hainesville, through its attorney of record, must send the certified

check, money order, or electronic funds transfer to the following person at the

indicated address:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. The Village of Hainesville, through its attorney of record, must send a copy of the

certified check, money order, or record of electronic funds transfer and any

transmittal letter to the following person at the indicated address:

Stephen J. Sylvester, Assistant Attorney General

Environmental Bureau

188 West Randolph Street, 20th Floor

Chicago, Illinois 60601

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. The Village of Hainesville 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 March 16, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board