ILLINOIS POLLUTION CONTROL BOARD

March 3, 2005

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

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)

INTERIM OPINION AND 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. (the respondents).

See

415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns the

respondents’ construction or installation of a sewage lift station and water main in the Village of

North City, Franklin County. Three of the four parties now seek to settle. For the reasons

below, the Board accepts the parties’ stipulations and proposed settlements as to the respondents,

Lawrence A Lipe & Associates, Inc.; Altman-Charter Company; and Furlong Excavating, Inc.

This leaves still pending the case against the sole remaining respondent, the Village of North

City.

Under the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (2002)), the

Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the

People to enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2002); 35 Ill. Adm.

Code 103. In this case, the People allege that the respondents violated Sections 12(c) and 15(a)

of the Environmental Protection Act (415 ILCS 5/12(c) and 15(a) (2002)) and 35 Ill. Adm. Code

309.202(a), 602.101(b), and 653.119(b)(1)(A) by (1) construction or installation of a sewage lift

station in the village of North City without a permit; (2) failing to submit complete plans and

specifications for a 1999 water main permit; and (3) construction or installation of a water main

without complying without maintaining at least 10 feet horizontal separation between sewer and

water lines. The People ask the Board to order the respondents to cease and desist from further

violation and pay a civil penalty of $50,000 per violation and $10,000 for each day the violations

continued.

LAWRENCE A. LIPE & ASSOCIATES, INC. STIPULATION AND SETTLEMENT

On November 22, 2004, the People and Lawrence A. Lipe & Associates, Inc. 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) (2002)). This filing is

authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)), 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). On

December 2, 2004, the Board ordered publication of the necessary notice relating to this

stipulation and proposal for settlement agreement, and request for relief from hearing. The

Board published newspaper notice in the

Benton Evening News

on December 8, 2004. 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) (2002); 35 Ill. Adm. Code 103.300(b).

Under the proposed stipulation, Lawrence A. Lipe admits the alleged violations and agrees to

pay a civil penalty of $5,000.

FURLONG EXCAVATING, INC. STIPULATION AND SETTLEMENT

On December 28, 2004, the People and Furlong Excavating, Inc. filed a separate

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) (2002)). On January 6, 2005,

the Board ordered publication of the necessary notice relating to this stipulation and proposal for

settlement agreement, and request for relief from hearing. The Board published newspaper

notice in the

Benton Evening News

on February 2, 2005. 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) (2002); 35 Ill. Adm. Code 103.300(b). Under the proposed stipulation,

Furlong Excavating, Inc. neither admits nor denies the alleged violations but agrees to pay a civil

penalty of $500. Furlong Excavating, Inc. further agrees to perform a supplemental

environmental project by donation of $2,000 to the Benton School District Greening Program.

ALTMAN-CHARTER COMPANY STIPULATION AND 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 Act (415 ILCS 5/31(c)(1) (2002)). On January 20, 2005, the Board ordered

publication of the necessary notice relating to this stipulation and proposal for settlement

agreement, and request for relief from hearing. The Board published newspaper notice in the

Benton Evening News

on February 2, 2005. 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) (2002); 35 Ill. Adm. Code 103.300(b). Under the proposed stipulation, Altman-

Charter Company neither admits nor denies the alleged violations but agrees to pay a civil

penalty of $2,000.

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements. 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 the

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) (2002)), which bears on the reasonableness of

the circumstances surrounding the alleged violations.

The People and the three settling respondents, Lawrence A Lipe & Associates, Inc.;

Altman-Charter Company; and Furlong Excavating, Inc., have satisfied Section 103.302. The

Board accepts the three separate stipulations and proposed settlements. The remaining

respondent, the Village of North City, is not a participant in any of the stipulations and

settlement agreements. The case remains open as to the sole remaining respondent, the Village

of North City.

This interim opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

1. The Board accepts and incorporates by reference the stipulations and proposed

settlements between the People and the respondents.

2. The three settling respondents, Lawrence A Lipe & Associates, Inc.; Altman-

Charter Company; and Furlong Excavating, Inc., must cease and desist from the

alleged violations.

3. a) Lawrence A. Lipe has admitted the violations in the complaint. The Board

hereby finds that Lawrence A. Lipe violated Sections 12(c) and 15(a) of

the Environmental Protection Act (415 ILCS 5/12(c) and 15(a) (2002))

and 35 Ill. Adm. Code 309.202(a), 602.101(b), and 653.119(b)(1)(A)

b) Lawrence A. Lipe must pay a civil penalty of $5,000 no later than April 4,

2005, which is the first business day after the 30th day after the date of

this order. Lawrence A. Lipe must pay the civil penalty by certified check

or money order, payable to the Environmental Protection Trust Fund. The

case number, case name, and Lawrence A. Lipe’s social security number

or federal employer identification number must be included on the

certified check or money order.

c) Lawrence A. Lipe must send the certified check or money order to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. a) Furlong Excavating, Inc. must pay a civil penalty of $500 no later than

April 4, 2005, which is the first business day after the 30th day after the

date of this order. Furlong Excavating, Inc. must pay the civil penalty by

certified check or money order, payable to the Environmental Protection

Trust Fund. The case number, case name, and Furlong Excavating, Inc.’s

social security number or federal employer identification number must be

included on the certified check or money order.

b) Furlong Excavating, Inc. must send the certified check or money order to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

c) Furlong Excavating, Inc. must

further perform a supplemental

environmental project by donating $2,000 to the Benton School District

Greening Program no later than April 4, 2005, which is the first business

day after the 30th day after the date of this order, at an address to be

determined by the People.

5. a) Altman-Charter Company must pay a civil penalty of $2,000 no later than

April 4, 2005, which is the first business day after the 30th day after the

date of this order. Altman-Charter Company must pay the civil penalty by

certified check or money order, payable to the Environmental Protection

Trust Fund. The case number, case name, and Altman-Charter

Company’s social security number or federal employer identification

number must be included on the certified check or money order.

b) Altman-Charter Company must send the certified check or money order

to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

6. Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2002)).

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) (2002);

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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above interim opinion and order on March 3, 2005, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board