ILLINOIS POLLUTION CONTROL BOARD
    January 20, 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.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    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; 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 Board also received a stipulation and proposed settlement as
    to another single respondent, Furlong Excavating, Inc. On January 6, 2005, the Board ordered
    publication of the necessary notice relating to this stipulation and proposal for settlement
    agreement. The Board has also not yet ruled on this second request for relief from the hearing
    requirement or accepted that stipulation and proposal for settlement.
     
    On January 6, 2005, the People and Altman-Charter Company 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, Altman-Charter Company neither admits nor denies
    the alleged violations but agrees to pay a civil penalty of $2,000. The remaining respondent, the
     
      
     
    2
    Village of North City, is not a participant in any of the stipulation and settlement agreements of
    Furlong Excavating; Lawrence A. Lipe & Associates, Inc.; or Altman-Charter Company.
     
    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) (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 January 20, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top