ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF PANA, HOUSING AUTHORITY
    OF CHRISTIAN COUNTY, PRAIRIE LAND
    CONSTRUCTION, INC., and RICH
    WILLIAMS d/b/a C.R. WILLIAMS &
    ASSOCIATES ARCHITECTS,
     
    Respondents.
     
      
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    PCB 01-144
    (Enforcement – Public Water Supply)
    ORDER OF THE BOARD (by N.J. Melas):
    On April 20, 2001, the complainant filed a two-count complaint against the City of Pana,
    the Housing Authority of Christian County (Housing Authority), Prairie Land Construction, Inc.
    (Prairie Land), and Rich Williams d/b/a C.R. Williams & Associates Architects. The
    complainant alleges violations of the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    .
    (2000)) and Board regulations pertaining to the construction of a water main project at the
    Washington Court Housing Project in Pana, Christian County, Illinois.
     
    On November 19, 2001, the complainant 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) (2000)). The proposed settlement is with the City of Pana only.
     
    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
    the request for relief from the hearing requirement. The notice appeared on November
    29, 2001, in the
    Pana News-Palladium
    . In the stipulation and proposal for settlement, the City
    of Pana agreed to pay for a $7,500 Supplemental Environmental Project and pay a $2,140
    penalty.
     
    On November 30, 2001, Prairie Land filed a request that a hearing be held in this matter.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)), if a person timely files a
    demand for hearing, the Board shall deny the request for relief from hearing and hold a hearing
    in accordance with the provisions of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)).
    Prairie Land’s demand for hearing was filed within the statutory 21-day notice period. See 415
    ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Accordingly, the Board denies the request for relief from the hearing requirement. Pre-
    hearing activities are already underway in this matter. The Board directs that this matter proceed
     
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    to hearing as expeditiously as practicable. The assigned hearing officer must set the matter for
    hearing in accordance with the requirements of the Act and the Board’s procedural rules.
     
    Section 103.304 of the Board’s procedural rules allows interested persons to make
    statements regarding the alleged violations and the proposed stipulation and settlement
    agreement at hearing. 35 Ill. Adm. Code 103.304. The Board’s procedural rules also require
    that the proposed stipulation and settlement agreement be entered and presented into the record
    at hearing. 35 Ill. Adm. Code 103.300(c).
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 6, 2001, by a vote of 5-0.
     
     
      
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board

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