ILLINOIS POLLUTION CONTROL BOARD
November 5, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF PEKIN, an Illinois municipal
corporation,
Respondent.
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PCB 07-47
(Enforcement – Water)
ORDER OF THE BOARD (by S.D. Lin):
On December 13, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint against the City of Pekin (Pekin). The
complaint concerns Pekin’s waste water treatment plant (WWTP) at 606 South Front Street, in
Pekin, Tazewell County. 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)),
1
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 Pekin violated Sections 12(a) and 12(f) of the Act,
415 ILCS 5/12(a), 12(f) (2008), and Sections 304.141(a), 305.102(b), 306.102, 309.l02(a) and
312.101 of the Board's Water Pollution Regulations, 35 Ill. Adm. Code 304.141(a), 306.102,
309.l02(a), 312.101.
According to the complaint, respondents violated these provisions by: (1) causing or
allowing the discharge of contaminants into waters of the State in violation of the terms or
conditions of its NPDES permit, (2) discharging said contaminates in violation of the regulations
or standards adopted by the Board, (3) discharging the contaminants so as to cause water
pollution, (4) by failing to ensure that all treatment works and associated facilities were
constructed and operated as to minimize violations of applicable standards during such
contingencies as flooding, etc., (5) by failing to comply with the monitoring, sampling, recording
and reporting requirements set forth in Pekin’s NPDES permit, (6) by allowing bypasses and
overflows of untreated wastewater to occur, and (7) by failing to have a certified Class I operator
to supervise the operation of the WWTP.
1
All citations to the Act will be to the 2008 compiled statutes because the provisions at issue
have not been substantively amended in the 2008 compiled statutes.
2
On October 22, 2009, the People and Pekin 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, Pekin admits the
alleged violations and agrees to pay a civil penalty of $14,483.
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 November 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
