ILLINOIS POLLUTION CONTROL BOARD
June 5, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF ROCKTON, an Illinois
municipal corporation,
Respondent.
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PCB 07-134
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 8, 2007, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a three-count complaint against the Village of Rockton (Rockton). The
complaint concerns Rockton’s wastewater treatment plant, including the Hawick lift station,
located on the 200 block of Hawick Street, Rockton, Winnebago 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 Rockton violated Sections 12(a) and 12(f) of the Act (415
ILCS 5/12(a), 12(f) (2006)) and Sections 306.102, 306.304, and 309.102(a) of the Board’s water
pollution regulations (35 Ill. Adm. Code 306.102, 306.304, 309.102(a)). The People allege that
Rockton violated these provisions by (1) discharging untreated sewage into the Rock River,
causing or allowing water pollution; (2) discharging untreated sewage from a storm sewer outfall
without a National Pollutant Discharge Elimination System (NPDES) permit authorizing the
discharge; (3) failing to provide a duplicate power source and failing to operate the Hawick lift
station so as to prevent a discharge of untreated sewage; and (4) allowing the overflow of the
sanitary sewer at the Hawick lift station out into a bypass pipe, discharging untreated sewage to
the Rock River.
On April 11, 2008, the People and Rockton 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
Rockton
Herald
on April 24, 2008. The Board did not receive any requests for hearing. The Board grants
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the parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2) (2006); 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 respondent’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. Rockton does not
affirmatively admit 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. Rockton agrees to pay a civil penalty of $7,514.00. The People and Rockton 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.
Rockton must pay a civil penalty of $7,514.00 no later than July 7, 2008, which is
first business day following the 30th day after the date of this order. Rockton
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
Rockton’s Federal Employer Identification Number must appear on the face of
the certified check or the money order.
3.
Rockton 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
Rockton must send a copy of the certified check or money order and any
transmittal letter to:
Stephen J. Sylvester
Assistant Attorney General
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
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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) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Rockton must cease and desist from future violations of the Environmental
Protection Act and Board 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) (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 June 5, 2008, by a vote of 4-0.
John Therriault, Assistant Clerk
Illinois Pollution Control Board
