ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF COFFEEN,
Respondents.
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PCB 08-102
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by S.D. Lin):
On June 27, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed an amended three-count against the City of Coffeen. The complaint
concerns the operation of the City of Coffeen’s wastewater treatment plant (WWTP), in
Montgomery County
which it operates under National Pollution Discharge Elimination System
(NPDES) permit number ILG580243. 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 City of 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)), Sections 611.831 and 653.605 of the
Board’s public water supply regulations, 35 Ill. Adm. Code 611.831, 653.605, and specified
terms and conditions of Coffeen’s 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.
On December 9, 2008, the People and the City of 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). The Board provided notice of the
stipulation, proposed settlement, and request for relief. The newspaper notice was published in
the
Hillsboro Journal-News
on December 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 the City of Coffeen’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 City of
Coffeen 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. The City of Coffeen agrees to pay a civil penalty of $1,890.00. The
People and the City 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.
City of Coffeen must pay a civil penalty of $1,890.00 no later than February 23,
2009, which is the first business day after the 30th day after the date of this order.
The City of Coffeen must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Trust Fund. The case name, case
number, and the City of Coffeen’s Federal Tax Identification Number must
appear on the face of the certified check or money order.
3.
City of Coffeen must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
City of Coffeen 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, IL 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
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
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5.
City of Coffeen must cease and desist from the alleged violations.
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 January 22, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
