ILLINOIS POLLUTION CONTROL BOARD
November 2, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PALOS TOWNSHIP, a political subdivision
of Cook County, Illinois,
Respondent.
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PCB 07-26
(Enforcement -Water)
ORDER OF THE BOARD (by G.T. Girard):
On October 23, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one -count complaint against Palos Township, a political
subdivision of Cook County.
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
complaint concerns municipal separate storm sewers (MS4s) operated by Palos Township to
serve the township’s residents, includes those in Palos Hills, Hickory Hills, Palos Heights, and
Palos Park, Cook County.
The People allege that Palos Township violated Section 21(f) of the Environmental
Protection Act (Act) (415 ILCS 5/12 (f) and the Board’s water regulations at 35 Ill. Adm. Code
309.102(a). The People further allege that the City violated these provisions from March 10,
2003 through at least June 2006 by causing or allowing the operation of the MS4s without
applying for and obtaining a permit under the National Pollutant Discharge and Elimination
System (NPDES), or demonstrating that NPDES coverage is waived. The People ask the Board
to order Palos Township to cease and desist from further violation and to pay a civil penalty in
accordance with statute.
Along with the complaint, on October 23, 2006, the People and respondent 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, Palos Township admits the alleged violations and
agrees to pay a civil penalty of $3,800.
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) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 2, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board