ILLINOIS POLLUTION CONTROL BOARD
February 15, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF GILLESPIE, a municipal
corporation,
Respondent.
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PCB 06-79
(Enforcement - Water)
ORDER OF THE BOARD (by A.S. Moore):
On November 18, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against the City of Gillespie (the City).
See
415
ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that the City violated
Section 12(f) of the Environmental Protection Act (Act) (415 ILCS 5/12(f) (2004)) and Section
305.102(b) of the Board’s water pollution regulations (35 Ill. Adm. Code 305.102(b)). The
People further allege that the City violated these provisions from December 2003 through
December 2004, by failing to submit timely monthly Discharge Monitoring Reports to the
Illinois Environmental Protection Agency as required by the City’s National Pollutant Discharge
Elimination System permit. The complaint concerns a municipal wastewater treatment plant
owned and operated by the City.
On February 7, 2007, the People and the City 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 City
admits the alleged violations and agrees to pay a civil penalty of $2,000. The City also agrees to
perform a Supplemental Environmental Project by making a $5,000 grant to the Gillespie Soccer
Association to fund a project intended to reduce or eliminate erosion and leaching at the Little
Dog Coal Mine site now owned and operated by the soccer association.
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 February 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board