ILLINOIS POLLUTION CONTROL BOARD
April 19, 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)
OPINION AND 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. The complaint concerns Dorchester’s
public water distribution system that serves approximately 150 residents located in the area of
Rock Road. The parties now seek to settle. For the reasons below, the Board accepts the parties’
stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
General and the State’s Attorneys may bring actions before the Board on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm. Code 103.
In this case, the People allege that Dorchester violated Section 18(a) of the Act (415 ILCS
5/18(a) 2004)) 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.
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)), 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
South
County News
on March 8, 2007. The Board did not receive any requests for hearing. The Board
grants the parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2)
(2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Dorchester’s operations. Section 103.302 also requires that the parties stipulate to facts
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called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and
Dorchester have satisfied Section 103.302. The stipulation also addresses the factors of Section
42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil penalty
amount. Under the stipulation, Dorchester does not admit the alleged violations and agrees to
pay a civil penalty of $300. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Dorchester must pay a civil penalty of $300 no later than May 21, 2007, which is
the first business day following the 30th day after the date of this order.
Dorchester must pay the civil penalty by certified check, money order, or
electronic funds transfer, payable to the Illinois Environmental Protection
Agency, designated to the Illinois Environmental Protection Trust Fund.
3.
Dorchester must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Dorchester must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to:
Peggy Poitevint
Assistant Attorney General
Environmental Bureau
Office of the Attorney General
500 South Second Street
Springfield, Illinois 62702
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Dorchester must cease and desist from future violations of the Act and regulations
that were the subject of the complaint.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 19, 2007, by a vote of 3-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
