ILLINOIS POLLUTION CONTROL BOARD
June 7, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF WOODSTOCK, an Illinois
municipal corporation,
Respondent.
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PCB 07-49
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On December 21, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against the City of Woodstock
(Woodstock). The complaint concerns the Woodstock South Wastewater Treatment Plant
located at 800 Diekman Street in Woodstock, McHenry County. 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 5/1
et seq
. (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 Woodstock violated Section 12(b) of the
Environmental Protection Act (Act) (415 ILCS 5/12(b) (2004)) and Section 309.202(a) of the
Board’s water pollution regulations (35 Ill. Adm. Code 309.202(a)) by constructing a wastewater
spray irrigation system without a construction permit from the Illinois Environmental Protection
Agency. The People also allege that Woodstock violated Section 12(f) of the Act (415 ILCS
5/12(f) (2004)) by constructing a wastewater spray irrigation system without authorization and
thus allowing effluent to be discharged in violation of Woodstock’s National Pollutant Discharge
Elimination System (NPDES) permit.
On April 17, 2007, the People and Woodstock 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
Woodstock Independent
on April 25, 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).
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Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 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
Woodstock’s operations. Section 103.302 also requires that the parties stipulate to facts 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 Woodstock 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. Woodstock
does not affirmatively admit the alleged violations and agrees to pay a civil penalty of $2,300.
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.
Woodstock must pay a civil penalty of $2,300 no later than Monday, July 9, 2007,
which is the first business day after the 30th day after the date of this order.
Woodstock must pay the civil penalty by certified check or money order, payable
to the Illinois Environmental Protection Agency and designated to the Illinois
Environmental Protection Trust Fund. The case number, case name, and
Woodstock’s federal employer identification number, 36-6006165, must be
included on the certified check or money order.
3.
Woodstock must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
A copy of the certified check or money order must be sent to:
Katherine M. Hausrath
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, IL 60602
5.
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)).
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6.
Woodstock must cease and desist from the alleged violations.
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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on June 7, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
