ILLINOIS POLLUTION CONTROL BOARD
November 20, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CARLYLE NORTH WATER COMPANY,
INC.,
Respondent.
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PCB 07-148
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On June 28, 2007, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a three-count complaint against Carlyle North Water Company, Inc.
(Carlyle North). The complaint concerns Carlyle North’s water supply facility at Carlyle and
Keyesport in Clinton 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, at various times beginning in 2004, Carlyle North violated
Sections 15, 18, and 19 of the Environmental Protection Act (415 ILCS 5/15, 18, 19 (2006)),
Section 1 of the Public Water Supply Operations Act (415 ILCS 45/1 (2006)), and Sections
602.101, 603.102, 611.521, 611.831, 652.101, 653.605, and 653.704 of the public water supply
regulations (35 Ill. Adm. Code 602.101, 603.102, 611.521, 611.831, 652.101, 653.605, 653.704).
The People further allege that Carlyle North violated these provisions by constructing and
installing a water main and flush hydrant without a construction permit, failing to have a certified
operator for some nine months, and failing to maintain and submit records (including one
coliform sample report, and from October 2004 to the present, monthly operating reports, and
monthly operating records for chlorination and fluoride).
On September 19, 2008, the People and respondent 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
Union
Banner
on October 15, 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).
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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 Carlyle North’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. Carlyle North 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. Carlyle North agrees to pay a civil penalty of $3,713. The People and Carlyle North
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.
Carlyle North must pay a civil penalty of $3,713 no later than December 22,
2008, which is the first business day following the 30th day after the date of this
order. Carlyle North 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 Carlyle
North’s federal tax identification number must appear on the face of the certified
check or the money order.
3.
Carlyle North must submit payment of the civil penalty by certified mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carlyle North 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
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
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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 November 20, 2008, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
