ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WASTEWATER DISTRICT,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-3
    (Enforcement – Public Water Supply)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 6, 2005, complainant, the Office of the Attorney General, on behalf of the People
    of the State of Illinois (People), filed a one-count complaint against respondent, Lake Egypt
    Water and Wastewater District (District). The complaint concerns the District’s water filtering
    and purification plant at 11484 Lake of Egypt Road in Marion, Williamson County. The parties
    now seek to settle without a public hearing. For the reasons below, the Board directs the Clerk to
    provide public notice of the parties’ stipulation, proposed settlement, and request for relief from
    the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that the District violated the Act (415 ILCS 5/18
    inking water standards (35 Ill. Adm. Code
    611.383(d), 611.385) by failing to demonstrate that total organic carbon (TOC) removal ratio
    levels either complied with Step 1 TOC percent removal requirements or met alternative
    compliance criteria.
     
    On September 11, 2006, the People and the District 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)), 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). Under the proposed stipulation, the District
    does not admit the alleged violations and agrees to pay a civil penalty of $6,400.
     
    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
     
    2
    hearing.
    See
    415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 21, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top