ILLINOIS POLLUTION CONTROL BOARD
    July 12, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    BENTON & ASSOCIATES, INC., a Delaware
    corporation, and R&G CONSTRUCTION, an
    Illinois corporation,
     
     
    Respondents.
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    PCB 01-3
    (Enforcement – Public Water Supply)
     
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
    On May 24, 2001, the People of the State of Illinois (People) and respondent, Benton &
    Associates filed a joint stipulation and proposal for settlement. The Board accepts the stipulation
    and proposal for settlement by the two parties in this matter. The People alleged in their
    complaint that Benton & Associates, Inc., as well as the City of Winchester and R&G
    Construction, failed to supply assuredly safe water by not adequately separating water and sewer
    main lines during the installation of water mains in Winchester, Scott County, Illinois. This
    activity was alleged to be in violation of Sections 15, 17(a), and 18 of the Environmental
    Protection Act (Act) (415 ILCS 5/15, 5/17(a), 5/18 (2000)); 35 Ill. Adm. Code 601.101, 602.101,
    602.102, 652.201, 607.104(b), and 653.119; and Section 8.6 of the Recommended Standards for
    Water Works.
     
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    Scott County Times
     
    on May 31, 2001. The Board has not received any requests for hearing. Accordingly, the Board
    grants a waiver from the hearing requirement.
     
    The stipulation and proposal for settlement between the People and Benton & Associates,
    Inc. sets forth the facts relating to the nature, operations, and circumstances surrounding the
    allegations in the complaint. Benton & Associates, Inc. denies that it violated the Act and Board
    regulations as alleged in the complaint in this matter. However, Benton & Associates, Inc.
    allegedly corrected the problem by adequately separating the water and sewer lines in
    compliance with the Act. Stip. at 10.
     
    Benton & Associates, Inc. agrees to pay a civil penalty of $12,000 into the Environmental
    Protection Trust Fund within 30 days of the adoption of this order. It must continue to comply
    with any federal, State, or local regulations including, but not limited to, the Act and the Board’s
    regulations.
     
     
    2
    The Board notes that this opinion and order only addresses the joint stipulation and
    settlement between the People and Benton & Associates, Inc. The Board accepted a stipulation
    and proposed settlement agreement between the People and the City of Winchester in its
    June 21, 2001 Board opinion and order. The matter concerning R&G construction is still before
    the Board for a determination.
     
     
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
     
    ORDER
     
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Benton & Associates, Inc., concerning the
    failure to supply assuredly safe water by not adequately separating water and
    sewer main lines during the installation of water mains in Winchester, Scott
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
     
    2.
    Benton & Associates must pay $12,000 within 30 days of this order. It must
    make the payment by certified check or money order, payable to the Treasurer of
    the State of Illinois, and designated to the Environmental Protection Trust Fund.
    The case number, case name, and the Federal Employer Identification Number of
    Benton & Associates, Inc., shall also be included on each check or money order,
    and should clearly indicate that payment is directed to the Environmental
    Protection Trust Fund.
     
    3.
    The check or money order shall be sent by first class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    3
     
     
    A copy of the payment transmittal and check or money order must be
    simultaneously submitted to:
     
    Sally A. Carter
    Assistant Attorney General
    Illinois Attorney General’s Office
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (2000)), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
     
    5.
    Respondents shall cease and desist all future violations of any federal, State, or
    local statutes and regulations.
     
    IT IS SO ORDERED.
    Board Member T.E. Johnson abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above opinion and order was adopted on the 12th day of July 2001 by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     
     

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