ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF GOLCONDA, BROWN,
    ROFFMAN & ROBERTS, INC. and FORBY
    EXCAVATING, INC.,
     
    Respondents.
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    PCB 02-36
    (Enforcement – Public Water Supply)
     
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On September 18, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People) filed a three-count complaint against respondents City of
    Golconda; Brown, Roffman & Roberts, Inc.; and Forby Excavating, Inc.
    See
    415 ILCS
    5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that respondents failed to
    maintain the required physical separation between water mains and sewer mains at three places
    in Golconda, Pope County. These activities were in alleged violation of Section 18 of the
    Environmental Protection Act (Act) (415 ILCS 5/18 (2000)), Sections 601.101 and 607.104(b)
    of the Board’s regulations (35 Ill. Adm. Code 601.101 and 607.104(b)), and Section 653.119
    of the Illinois Environmental Protection Agency’s regulations (35 Ill. Adm. Code 653.119).
     
    On May 28, 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)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The Board
    provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
    notice was published in the
    Herald Enterprise
    on May 29, 2002. 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) (2000); 35 Ill. Adm. Code 103.300(b).
     
    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 respondents’ 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) (2000)). The People and
    respondents have satisfied Section 103.302. Respondents admit the water main at issue was
    initially installed in violation of Section 18 of the Act. Respondents Brown, Roffman &
    Roberts, and Forby Excavating, Inc. agree to pay a penalty of $1,500 each and respondent
     
      
     
    2
    City of Golconda agrees to pay a civil penalty of $800. The Board accepts the stipulation and
    proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Respondents, Brown, Roffman & Roberts, and Forby Excavating, Inc., must
    pay a civil penalty of $1,500 no later than August 10, 2002, which is the 30th
    day after the date of this order. Respondents, Brown, Roffman & Roberts, and
    Forby Excavating, Inc. must pay the civil penalty by certified check or money
    order, payable to the Illinois Environmental Protection Trust Fund. The case
    number, case name, and respondents’ respective social security number or
    federal employer identification number must be included on the certified check
    or money order.
     
    3.
    Respondent, City of Golconda, must pay a civil penalty of $800 no later than
    August 10, 2002, which is the 30th day after the date of this order. Respondent
    City of Golconda must pay the civil penalty by certified check or money order,
    payable to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and City of Golconda’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    4.
    Respondents 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
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Respondents, City of Golconda, Brown, Roffman & Roberts, and Forby
    Excavating, Inc., must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
     
      
     
     
      
    3
    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) (2000);
    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 opinion and order on July 11, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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