ILLINOIS POLLUTION CONTROL BOARD
October 18, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF LAWRENCEVILLE, JOHN A.
GORDON, P.E., and GORDON & PRICE,
INC.,
Respondents.
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PCB 00-122
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On January 18, 2000, the People of the State of Illinois (People) filed a one-count
complaint against respondents City of Lawrenceville (City), John A. Gordon, P.E. (Gordon),
Gordon & Price, Inc. (G&P), David Guillaum d/b/a D&G Construction (Guillaum), and Wayne
Lapington d/b/a Lapington Trucking and Excavating (Lapington).
See
415 ILCS 5/31(c)(1)
(2000); 35 Ill. Adm. Code 103.204.
The People allege that, by allowing the construction of water and sewer mains in the
same trench within two feet of each other, the City, Gordon, and G&P violated Sections 12(b),
15, 18(a)(1), and 18(a)(2) of the Environmental Protection Act (415 ILCS 5/12(b), 15, 18(a)(1),
18(a)(2) (2000)); Sections 309.202(a), 601.101, 602.101(a), 602.101(b), and 607.104(b) of the
Board’s regulations (35 Ill. Adm. Code 309.202(a), 601.101, 602.101(a), 602.101(b), and
607.104(b)); and Section 653.119(a)(1)(A) of the Illinois Environmental Protection Agency’s
regulations (35 Ill. Adm. Code 653.119(a)(1)(A)). The water and sewer main at issue are located
in Lawrenceville, Lawrence County.
On August 16, 2000, the People filed a request for relief from the hearing requirement
and a stipulation and proposal for settlement with Guillaum and Lapington. On September 21,
2000, the Board granted the request for relief from the hearing requirement and accepted the
stipulation and settlement.
On September 19, 2001, the People and the City 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 (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, including published notice in
The Lawrenceville Daily Record
on September 21, 2001.
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).
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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’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) (2000)). The People and the City have satisfied
Section 103.302. The City neither admits nor denies the alleged violations in the complaint but
proposes to perform a $2,000 Supplemental Environmental Project (SEP) as a penalty.
On October 1, 2001, Gordon and G&P filed a pleading before the Board. Gordon and
G&P stated that they were not opposed to the stipulation but that they disputed the accuracy of
the statement of facts in the stipulation. The Board finds that the statement of facts pertains to
the stipulation only. The Board will not employ the statement of facts from the stipulation in
making decisions with respect to any future hearings, opinions, or orders involving complainant
and Gordon or G&P. However, the stipulation and proposed settlement between complainant
and the City does not release Gordon or G&P from liability.
This opinion and order 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 must perform a $2,000 SEP as a penalty. The SEP involves the creation
of a five-acre nature preserve on the southern edge of the Embarras River between
the Big Four Railroad and State Highway One lying south and adjacent to the
Embarras River in Lawrence County.
3. In the event that the City does not perform the SEP by December 31, 2001, the
City must pay a civil penalty of $2,000 by no later than January 31, 2002. The
City must pay the civil penalty by certified check or money order, payable to the
Illinois Environmental Protection Agency for deposit into the Environmental
Protection Agency Trust Fund. The case number, case name, and the City’s
federal employer identification number must be included on the certified check or
money order.
a. The City 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
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b. 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)).
4. The City 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) (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 October 18, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
