ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF AUBURN, an Illinois municipal
    corporation, BENTON & ASSOCIATES
    ENGINEERING, INC., a Delaware
    corporation, and PETERSBURG PLUMBING
    AND HEATING, a Delaware corporation,
    Respondents.
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    PCB 00-176
    (Enforcement - Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On April 18, 2000, the People of the State of Illinois (complainant) filed a five-count
    complaint against respondents the City of Auburn (Auburn), Benton & Associates Engineering,
    Inc. (BAE), and Petersburg Plumbing and Heating (PPH). The complaint alleges respondents
    caused water pollution, failed to protect public water supplies, failed to provide safe water, and
    failed to adequately separate water and sewer mains. Complainant alleged that respondents
    violated Sections 12(b) and 18 of the Environmental Protection Act (Act) (415 ILCS 5/12(b)
    and 18 (1998)) and the Board’s regulations at 35 Ill. Adm. Code 370.350
    ,
    601.101,
    607.104(b), and 653.119.
    On March 5, 2001, complainant and Auburn filed a stipulation and proposal for
    settlement, accompanied by a motion requesting relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). Auburn proposes to pay a $3,000 penalty.
    This stipulation does not include BAE or PPH.
    Pursuant to Section 31(c)(2) of the Act, complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of March 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board

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