ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BIRDS PINKSTAFF WATER DISTRICT,
an Illinois not-for-profit corporation,
Respondent.
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PCB 09-47
(Enforcement - Water)
ORDER OF THE BOARD (by G.L. Blankenship):
On January 9, 2009, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one-count complaint against Birds Pinkstaff Water District
(BPWD). The complaint concerns BPWD’s Public Water System
1
located in Lawrence County,
Illinois. The parties now seek to settle without a hearing. For the reasons below, the Board
directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement, and
request for relief from the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)), 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 (2008); 35 Ill. Adm.
Code 103. In this case, the People allege that BPWD violated Section 18 of the Act ( 415 ILCS
5/18 (2008)) and Sections 611.121, 611.301, and 611.325 of the Board’s Water Pollution
Regulations (35 Ill. Adm. Code 611.121, 611.301, and 611.325) by exceeding the Maximum
Contaminant Level (MCL) for arsenic from April 1, 2006 through September 2007. The People
further allege that by having a presence of coliforms in the water supply, BPWD violated Section
18 of the Act (415 ILCS 5/18 (2008)).
On June 17, 2009, the People and BPWD 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2008)), 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, BPWD admits the
alleged violations and agrees to pay a civil penalty of $1,620.
1
A Public Water System, as defined under Section 611.101 of the Board’s Public Water
Supplies Regulations, is a system for the provision to the public of piped water for human
consumption, if such system has at least fifteen service connections or regularly serves an
average of at least 25 individuals daily at least 60 days out of the year. A PWS is either a
community water system (CWS) or a non-community water system (non-CWS).
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) (2008); 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 July 23, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
