ILLINOIS POLLUTION CONTROL BOARD
January 7, 2010
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF ROCKTON, an Illinois
municipal corporation,
Respondent.
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PCB 09-104
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On April 30, 2009, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint against the Village of Rockton
(respondent).
See
415 ILCS 5/31(c)(1) (2008); 35 Ill. Adm. Code 103.204. The complaint
concerns respondent’s River Street lift station located along the Rock River in Rockton, which is
part of the operations of respondent’s waste water treatment plant (WWTP). The WWTP is
located at 718 West Union Street in Rockton, Winnebago County. The parties now seek to settle
without a hearing. For the reasons below, the Board accepts the parties’ amended stipulation and
proposed settlement.
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 respondent violated Section 12(a) of the Act (415
ILCS 5/12(a) (2008)) and Sections 306.102(a), 306.102(b), and 306.304 of the Board’s water
pollution regulations (35 Ill. Adm. Code 306.102(a), 306.102(b), 306.304). The People further
allege that respondent violated these provisions by causing, threatening, or allowing the
discharge of untreated sewage into the Rock River, thereby causing, threatening, or allowing
water pollution (count I); failing to provide a reliable alarm system at the lift station (count II);
and allowing a sanitary sewer overflow (count III).
On September 28, 2009, the People and Rockton 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)). On October 1, 2009, the Board issued an order noting
that the alleged violation of 35 Ill. Adm. Code 306.102(b) from count II of the complaint was not
included in the stipulation. To address the inconsistency, the Board directed that an amended
complaint or an amended stipulation and proposed settlement be filed.
On October 20, 2009, the People filed an amended stipulation and proposed settlement,
accompanied by another 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
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(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 request for relief states that the
amendment to the stipulation “seeks to reconcile the differences between the Complaint and the
original Stipulation by citing the identical violations in Section I.B. of the Stipulation as alleged
in Count II of the Complaint.” Request at 1. The Board provided notice of this stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Rockton
Herald
on November 26, 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)
(2006); 35 Ill. Adm. Code 103.300(b).
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 respondent’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. Under the amended
stipulation, which includes the alleged violation of 35 Ill. Adm. Code 306.102(b) from count II,
respondent does not affirmatively admit the alleged violations but agrees to pay a civil penalty of
$10,000. The amended 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. The People
and respondent have satisfied Section 103.302. The Board accepts the amended 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 amended stipulation and
proposed settlement.
2.
Respondent must pay a civil penalty of $10,000 no later than February 8, 2010,
which is first business day following the 30th day after the date of this order.
Respondent 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
respondent’s federal tax identification numbers must appear on the face of the
certified check or the money order.
3.
Respondent 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
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Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Zemeheret Bereket-Ab
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
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)).
5.
Respondent must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject 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 January 7, 2010, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board