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)
OPINION AND 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Belvidere Daily Republican
on August 6, 2006; any timely hearing
request was due to be filed August 27, 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
respondents 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 stipulation also addresses the factors of
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Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount.
Under the proposed stipulation, the respondents admit the alleged violations and jointly
and severally agree to pay a total civil penalty of $15,000. The People assert this penalty will
serve to deter further violations and aid in future voluntary compliance with the Act and Board
regulations.
The People and respondents 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 respondents, the City of Belvidere and CES Inc., must jointly and severally
pay a civil penalty of $15,000. Payment must be made no later than October 9,
2006, which is the first business day after the 30th day after the date of this order.
Respondents’ attorneys of record must pay the civil penalty by certified check(s),
money order(s), or electronic funds transfer(s), payable to the Illinois
Environmental Protection Agency, designated to the Environmental Protection
Trust Fund. The case number, case name, and each respondent’s federal
employer identification number must be included on each certified check, money
order, or electronic funds transfer statement.
3.
Respondents, through their attorneys of record, must send the certified check(s),
money order(s), or electronic funds transfer(s) to the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Each respondent, through its attorney of record, must send a copy of the certified
check(s), money order(s), or electronic funds transfer(s) and any transmittal letter
to the following person at the indicated address:
Katherine M. Hausrath
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
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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.
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 September 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
