ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VILLAGE OF VOLO, a municipal
    corporation, and SMITH ENGINEERING
    CONSULTANTS, INC., an Illinois
    corporation,
    Respondents.
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    PCB 06-90
    (Enforcement – Public Water Supply)
    ORDER OF THE BOARD (by N.J. Melas):
    On December 9, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against the Village of Volo (Volo) and
    Smith Engineering Consultants, Inc. (Smith Engineering) (collectively, respondents).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Smith Engineering was a consultant and
    certified operator of Volo’s public water supply. The People allege that the respondents violated
    Sections 15(a), 18(a) of the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2004))
    and Sections 602.101(a), 602.102, 652.101(a), and 652.201 of the Board’s water supply
    regulations. 415 ILCS 5/15(a) and 18(a) (2004); 35 Ill. Adm. Code 602.101(a), 602.102,
    652.101(a), 652.201. The People further allege that the respondents violated these provisions by
    failing to submit plans and specifications for a public water supply before construction,
    constructing and operating a public water supply without a permit, and constructing a community
    water supply without a permit. The complaint concerns the Volo’s public water supply located
    in Volo, Lake County.
    On March 30, 2006, the People and the 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). Under the proposed
    stipulation, the respondents deny the alleged violations and agree to pay a civil penalty of
    $8,000.
    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.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 6, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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