ILLINOIS POLLUTION CONTROL BOARD
    September 5, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF DES PLAINES, an Illinois
    municipal corporation, and MCDONOUGH
    ASSOCIATES, INC., an Illinois corporation,
     
    Respondents.
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    PCB 03-23
    (Enforcement – Public Water Supply)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On August 29, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against the City of Des Plaines and
    McDonough Associates, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2000)
    as amended by
     
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 103.204. The People allege that
    respondents violated Sections 15 and 18(a) of the Environmental Protection Act (Act) (415
    ILCS 5/15, 18(a) (2000)) and 35 Ill. Adm. Code 602.101 and 602.102. The People further
    allege that respondents violated these provisions by failing to obtain permits for the
    construction and installation of a water main, and causing and allowing the operation of the
    water main without a permit from November 1, 1999 until August 31, 2000. The complaint
    concerns respondents’ reconstruction of the Oakton Street water main in Des Plaines, Cook
    County.
     
    Additionally on August 29, 2002, the People and respondents 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) (2000)
    as amended by
    P.A. 92-0574, eff.
    June 26, 2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
    (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002).
    See
    35 Ill. Adm. Code 103.300(a).
    Under the proposed stipulation, respondents neither admit nor deny the alleged violations, but
    agree to pay a civil penalty. Respondent City of Des Plaines agrees to pay the sum of
    $15, 000. Respondent McDonough Associates, Inc. agrees to pay the sum of $11,000.
     
    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)
    as amended by
    P.A. 92-0574,
     
    2
    eff. June 26, 2002; 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 September 5, 2002, by a vote of 7-0
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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