ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF COFFEEN, an Illinois municipal
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 08-102
    (Enforcement – Water)
    ORDER OF THE BOARD (by G. T. Girard):
    On September 23, 2008, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed an amended three-count complaint against the City of
    Coffeen, an Illinois municipal corporation (Coffeen). The complaint concerns the operation of
    Coffeen’s wastewater treatment plant in Montgomery County. The People and respondent now
    seek to settle without a hearing. For the reasons below, the Board directs the Clerk to provide
    public notice of the 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 Coffeen violated Sections 12(a), (f), 18 and 19 of
    the Act (415 ILCS 5/12(a), (f), 5/18, 5/19 (2006)), Section 305.102(b) of the Board’s water
    pollution regulations (35 Ill. Adm. Code 305.102(b)), Section 611.831 and 653.605 of the
    Board’s Public Water Supplies Regulations, 35 Il.Adm.Code 611.831, 653.605, and specified
    terms and conditions of Coffeen’s National Pollutant Discharge Elimination System (NPDES)
    permit. The People allege that Coffeen violated these provisions by (1) failing to submit or
    timely submit Discharge Monitoring Reports as required by its NPDES permit; (2) failing to take
    samples as required by its NPDES permit; and (3) failing to submit monthly operating reports for
    the months of March, April and May 2008. The People ask the Board to order Coffeen to cease
    and desist from further violations and pay civil penalties.
    On December 9, 2008, the People and Coffeen 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). Under the proposed stipulation, Coffeen does
    not affirmatively admit the alleged violations but agrees to pay a civil penalty of $ 1,890.
    2
    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 December 18, 2008, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top