ILLINOIS POLLUTION CONTROL BOARD
September 17, 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)
OPINION AND 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 supply facility located in north-central
Lawrence 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 (2008)),
1
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 (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 public water supply regulations (35
Ill. Adm. Code 611.121, 611.301, 611.325) because the water supply (1) exceeded the arsenic
Maximum Contaminant Level (MCL) of 0.010 milligrams per liter and (2) had a presence of
coliforms.
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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Lawrenceville Daily Record
on August 12, 2009. 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) (2008); 35 Ill. Adm. Code 103.300(b).
1
All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
been substantively amended in the 2008 compiled statutes.
2
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 BPWD’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) (2008)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. BPWD admits the
alleged violations. The stipulation also addresses the factors of Section 42(h) of the Act (415
ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty amount. BPWD agrees
to pay a civil penalty of $1,620. The People and BPWD 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.
BPWD must pay a civil penalty of $1,620 no later than October 19, 2009, which
is the first business day following the 30th day after the date of this order. BPWD
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 name, case number, and BPWD’s federal tax
identification number must appear on the face of the certified check or money
order.
3.
BPWD 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
BPWD must send a copy of the certified check or money order and any
transmittal letter to:
Environmental Bureau
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) (2008)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2008)).
3
5.
BPWD must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject matter of the
complaint.
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) (2008);
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 September 17, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
