ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF GEORGETOWN, an Illinois
    municipal corporation, and T.K. FLEMING
    CONSTRUCTION, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 03-74
    (Enforcement – Public Water Supply)
          
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    On November 20, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against the City of Georgetown and T.K. Fleming
    Corporation, Inc. (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c).
    The People allege that respondents violated Section 12(b), 15, and 18(a) of the Environmental
    Protection Act (Act) and various regulations pertaining to public water supplies. The People
    further allege that respondents violated these provisions by failing to submit construction permit
    applications for a water main extension and a sewer main; failing to submit a permit application
    for operating the water main; constructing the water and sewer mains on a vertical plane less
    than 18 inches apart; failing to implement the cross-connection ordinance by conducting a
    survey; and failing to maintain data on inspections, repairs, and tests. The complaint concerns
    the City of Georgetown’s annexation of the Woodland Estates Subdivision, located in
    Georgetown, Vermillion County.
     
    On December 10, 2002, the People and the City of Georgetown 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)).
    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
    Commercial-News
    on December 20, 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) (2002); 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 the
    City of Georgetown’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)). The People and the City of
    Georgetown have satisfied Section 103.302. The City of Georgetown admits the alleged
     
     
      
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    violation(s) and agrees to pay a civil penalty of $500. The Board accepts the stipulation and
    proposed settlement. This stipulation and proposed settlement would not resolve the complaint
    against T.K. Fleming.
     
    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. The City of Georgetown must pay a civil penalty of $500 no later than February
    24, 2003, which is the 30th day after the date of this order. The City of
    Georgetown must pay the civil penalty by certified check or money order, payable
    to the Environmental Protection Trust Fund. The case number, case name, and
    the City of Georgetown’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. The City of Georgetown 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. 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)).
     
    5. The City of Georgetown must cease and desist from the alleged violations.
     
    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.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on January 23, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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