ILLINOIS POLLUTION CONTROL BOARD
November 15, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF JERSEYVILLE, an Illinois
municipal corporation,
Respondent.
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PCB 08-28
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 2, 2007, 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 Jerseyville (Jerseyville).
The complaint concerns Jerseyville’s water main replacement project construction site, located at
the corner of Union Forest Road and Pump Station Road, approximately three miles northwest of
Otterville, Jersey County. The parties now seek to settle without a hearing. For the reasons
below, the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that Jerseyville violated Sections 12(a) and (f) of the Act (415
ILCS 5/12(a), (f) (2006)) and Sections 309.102(a), 309.103, and 309.243 of the Board’s water
pollution regulations (35 Ill. Adm. Code 309.102(a), 309.103, 309.243) by causing or allowing
the discharge of silt from the construction site into waters of the State so as to cause or tend to
cause water pollution and by causing or allowing or threatening the discharge of contaminants
into the waters of the State without a National Pollutant Discharge Elimination System (NPDES)
permit.
On October 2, 2007, the People and Jerseyville 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), 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
Jersey
County Journal
on October 17, 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) (2006); 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.
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 Jerseyville’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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Jerseyville admits the
alleged violations. The stipulation also addresses the factors of Section 42(h) of the Act (415
ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty amount. Jerseyville
agrees to pay a civil penalty of $1,080. The People and Jerseyville have satisfied Section
103.302. 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.
Jerseyville must pay a civil penalty of $1,080 no later than December 17, 2007,
which is the first business day following the 30th day after the date of this order.
Jerseyville must pay the civil penalty by certified check or money order payable
to the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name, case number, and
Jerseyville’s Federal Employer Identification Number must appear on the
certified check or money order.
3.
Jerseyville 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
Jerseyville must send a copy of the certified check or money order and any
transmittal letter to:
Michael D. Mankowski
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2006)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2006)).
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5.
Jerseyville must cease and desist from future violations of the Act and Board
regulations that were the subject matter 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) (2006);
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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on November 15, 2007, by a vote of 4-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
