ILLINOIS POLLUTION CONTROL BOARD
    February 1, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    EAST LYNN COMMUNITY WATER
    SYSTEM, INC., an Illinois corporation,
    Respondent.
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    PCB 07-3
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 6, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against East Lynn Community Water System,
    Inc. (East Lynn).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People
    allege that East Lynn violated Section 18(a)(2) of the Environmental Protection Act (Act),
    Section 1 of the Public Water Supply Operations Act, and Sections 603.102, 603.103, and
    603.105(b) of the Board’s Public Water Supply regulations.
    See
    415 ILCS 5/18(a)(2) (2004);
    415 ILCS 45/1 (2004); 35 Ill. Adm. Code 603.102, 603.103, 603.105(b). The People further
    allege that East Lynn violated these provisions by failing to have a responsible person (
    i.e
    ., a
    Class B or A certified operator) in charge of its public water supply and failing to notify the
    Illinois Environmental Protection Agency of a certified operator designation. The complaint
    concerns East Lynn’s iron removal plant located north of Walnut Street and west of Main Street
    in the town of East Lynn, Vermilion County.
    On January 25, 2007, the People and East Lynn 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, East Lynn does not admit the alleged violations and agrees to pay a civil penalty of
    $200.
    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.
    See
    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.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 1, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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