ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF GENEVA,
    an Illinois municipal corporation,
    Respondent.
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    PCB 08-100
    (Enforcement – Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 25, 2008, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against the City of Geneva, an Illinois municipal
    corporation (Geneva). The complaint concerns Geneva’s construction and installation of a water
    main at 429 North Kirk Road, Geneva, Kane County. The parties now seek to settle without a
    hearing. For the reasons below, the Board accepts the complaint as meeting the content
    requirements of the Board’s procedural rules.
    See
    35 Ill. Adm. Code 103.204(c), (f). The Board
    further directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement,
    and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that Geneva violated Sections 15(a), 18(a)(2), and
    18(a)(3) of the Act (415 ILCS 5/15, 18(a)(2), (3) (2006)), and Sections 602.101(a) and
    652.101(a) of the Illinois public water supply regulations (35 Ill. Adm. Code 602.101(a),
    652.101(a)). The People allege that Geneva violated these provisions by (1) failing to obtain
    written approval from the Illinois Environmental Protection Agency (Agency) before starting the
    construction of the water main; (2) failing to obtain a construction permit from the Agency
    before constructing and installing the water main; (3) causing or allowing a change of or addition
    to an existing public water supply without a permit granted by the Agency; and (4) altering,
    changing, or adding to an existing community water supply that may affect the adequacy of the
    water supply without a permit issued by the Agency. The Board accepts the complaint.
    See
    35
    Ill. Adm. Code 103.204.
    On June 25, 2008, the People and Geneva 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 the opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    2
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Geneva
    admits to the alleged violations and agrees to pay a civil penalty of $5,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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