ILLINOIS POLLUTION CONTROL BOARD
June 19, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
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PCB 08-88
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 12, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a two-count complaint against the Village of Skokie (Skokie). The
complaint concerns the construction of water mains at two projects, one located at Old Orchard
Road and Woods Drive (Optima Project), the other located at 9408 Skokie Boulevard (Siena
Project). Both the Optima Project and the Siena Project are located in Skokie, Cook 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 the Skokie violated Sections 15(a) and 18(a) of the Act (415
ILCS 5/15(a), 18(a) (2006)) and Sections 602.101(a) and 652.101(a) of the public water supply
regulations (35 Ill. Adm. Code 602.101(a), 652.101(a)). The People allege that Skokie violated
these provisions by (1) failing to submit construction permit applications with sufficient details
or supplemental data as requested by the Illinois Environmental Protection Agency (Agency),
and by failing to obtain a permit from the Agency for the construction of water mains at the
Optima Project prior to beginning construction; and (2) by failing to submit construction permit
applications with sufficient details or supplemental data as requested by the Agency, and by
failing to obtain a permit from the Agency for the construction of water mains at the Siena
Project prior to beginning construction.
On May 12, 2008, the People and Skokie also 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 by the Pioneer
Press on May 15, 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. Skokie neither admits
nor denies 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.
Skokie agrees to pay a civil penalty of $25,000. The People and Skokie 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.
Skokie must pay a civil penalty of $25,000 no later than July 21, 2008, which is
first business day following the 30th day after the date of this order. Skokie 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 Skokie’s Federal
Employer Identification Number must appear on the face of the certified check or
the money order.
3.
Skokie 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
Skokie must send a copy of the certified check or money order and any transmittal
letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
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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)).
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 19, 2008, by a vote of 4-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
