ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF DORCHESTER, an Illinois
municipal corporation,
Respondent.
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PCB 07-37
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On November 16, 2006, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a one-count complaint against the Village of Dorchester
(Dorchester), which is located in Macoupin County.
See
415 ILCS 5/31(c)(1) (2004); 35 Ill.
Adm. Code 103.204. The complaint concerns Dorchester’s public water distribution system in
the area of Rock Road.
The People allege that by constructing and operating a one and a half inch service line for
use as a water main, without permits from the Illinois Environmental Protection Agency and
without complying with 35 Ill. Adm. Code 653.117, Dorchester violated Section 18(a) of the
Environmental Protection Act (Act) (415 ILCS 5/18(a) (2004)).
On February 28, 2007, the People and Dorchester 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, Dorchester does not admit the alleged violations and agrees to pay a civil penalty of
$300.
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board