ILLINOIS POLLUTION CONTROL BOARD
September 4, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF MERRIONETTE PARK, an
Illinois municipal corporation,
Respondent.
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PCB 08-55
(Enforcement – Public Water Supply)
ORDER OF THE BOARD (by A.S. Moore):
On March 24, 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 Village of Merrionette Park
(Village).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The People allege that
the Village violated Sections 18(a) and 19 of the Environmental Protection Act (Act) (415 ILCS
5/18(a), 19 (2006)) and Section 611.356(d)(4)(C)(i) of the Board’s public water supply
regulations (35 Ill. Adm. Code 611.356(d)(4)(C)(i)). The People allege that the Village violated
these provisions by failing to submit sample results for lead and copper as required, threatening
the distribution of water from a public water supply of such quality or quantity as to be injurious
to human health. The complaint concerns the Village’s public water supply system, including
the Village’s pump station located at 113th and Whipple Streets in Merrionette Park, Cook
County.
On August 25, 2008, the People and the Village 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)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, the Village neither admits nor denies 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. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on September 4, 2008, by a vote of 4-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board