ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF NORTH CITY, an Illinois
    municipal corporation; LAWRENCE A. LIPE
    & ASSOCIATES, INC., an Illinois
    corporation, ALTMAN-CHARTER
    COMPANY, a Missouri corporation; and
    FURLONG EXCAVATING, INC., an Illinois
    corporation,
     
    Respondents.
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    PCB
    05-96
    (Enforcement - Water, Public Water
    Supply)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 17, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Village of North City; Lawrence A Lipe
    & Associates, Inc.; Altman-Charter Company; and Furlong Excavating, Inc.
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns the construction or
    installation of a sewage lift station and water main in the Village of North City, Franklin County.
     
    On November 22, 2004, the Board received a stipulation and proposal for settlement in
    this matter as to the single respondent, Lawrence A. Lipe & Associates, Inc. On December 2,
    2004, the Board ordered publication of the necessary notice relating to this stipulation and
    proposal for settlement agreement. The Board has not yet ruled on the request for relief from the
    hearing requirement or accepted that stipulation and proposal for settlement.
     
    On December 28, 2004, the People and Furlong Excavating, Inc. (individually, Furlong
    Excavating) also filed a stipulation and proposed settlement, accompanied by a request for relief
    from the hearing requirement of Section 31(c)(1) of the Environmental Protection Act (415 ILCS
    5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
    (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Furlong Excavating
    neither admits nor denies the alleged violations but agrees to pay a civil penalty of $500.
    Furlong Excavating further agrees to engage in a supplemental environmental project by
    donation of $2,000 to the Benton School District Greening Program. The remaining
    respondents, the Village of North City and Altman-Charter Company, are not participants in the
    stipulation and settlement agreement of either Furlong Excavating or Lawrence A. Lipe &
    Associates, Inc.
     
     
      
     
    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. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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