ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF BELVIDERE, an Illinois municipal
    corporation, and CES, INC., an Illinois
    corporation,
    Respondents.
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    PCB 07-7
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 1, 2006, the Office of the Attorney General, on her own motion and at the
    request of the People of the State of Illinois (People), filed a one-count complaint against City of
    Belvidere and CES, Inc. (respondents).
    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 respondents’ construction of 1,750 feet of 8-inch sewer line between the
    addresses 298 and 544 Appleton Road in Belvidere, Boone County.
    The People allege that respondents violated Section 12(b) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(b) (2004)) and 35 Ill. Adm. Code 309.202(a). The People
    further allege that respondents violated these provisions by construction of a sewer line without
    first obtaining a construction permit.
    On August 1, 2006, the People and respondents also 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 admit the alleged violations and agree to pay a civil penalty of
    $15,000.
    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 August 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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