ILLINOIS POLLUTION CONTROL BOARD
May 4, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF VOLO, a municipal
corporation, and SMITH ENGINEERING
CONSULTANTS, INC., an Illinois
corporation,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 06-90
(Enforcement – Public Water Supply)
OPINION AND 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in the
Fox Lake Journal
on April 7, 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
Volo’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)). The People and the respondents have
2
satisfied Section 103.302. Under the proposed stipulation, the respondents deny the alleged
violations and agree to pay a civil penalty of $8,000. 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.
The Village of Volo and Smith Engineering Consultants, Inc. (respondents) must
pay a civil penalty of $8,000 no later than June 3, 2006, which is the 30th day
after the date of this order. Respondents must pay the civil penalty by certified
check payable to the Illinois Environmental Protection Trust Fund. The case
number, case name, and the Smith Engineering Consultants, Inc.’s federal
employer identification number must be included on the certified check.
3.
The respondents must send the certified check to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the check and any transmittal letter shall be sent to:
Michael C. Partee (or designee)
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, IL 60601
Charles W. Gunnarson (or designee)
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
4.
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)).
3
5.
The respondents 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 May 4, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
