ILLINOIS POLLUTION CONTROL BOARD
October 16, 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)
OPINION AND 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 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. 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 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.
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). The Board provided notice of
the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in the
Southtown Star
on August 28, 2008. 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).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 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 the
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Village’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. 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. The People and the Village have satisfied Section 103.302. The Village neither
admits nor denies the alleged violations and agrees to pay a civil penalty of $5,000. 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.
The Village must pay a civil penalty of $5,000 no later than Monday, November
17, 2008, which is the first business day after the 30th day after the date of this
order. The Village must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Agency for deposit into the
Environmental Protection Trust Fund. The case number, case name, and the
Village’s federal tax identification number must be included on face of the
certified check or money order.
3.
The Village must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
The Village must send a copy of the certified check or money order and any
transmittal letter to:
Nancy J. Tikalsky
Environmental Bureau
Illinois Attorney General’s Office
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69 W. Washington St., Suite 1800
Chicago, IL 60602.
5.
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)).
6.
The Village must cease and desist from the alleged violations.
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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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on October 16, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
