ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JOHN A. GORDON, P.E., and GORDON &
    PRICE, INC.,
     
    Respondents.
     
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    PCB 00-122
    (Enforcement – Public Water Supply)
    ORDER OF THE BOARD (by N.J. Melas):
     
    On January 18, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (complainant) filed a one-count complaint against respondents City of
    Lawrenceville (the 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).
     
    The complaint alleged that, by allowing the construction of water and sewer mains in the
    same trench within two feet of each other, respondents 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 complaint concerns water and sewer mains in Lawrenceville,
    Lawrence County, Illinois.
     
    On August 16, 2000, complainant 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 for Guillaum and Lapington. On September 19, 2001, complainant
    filed a request for relief from the hearing requirement and a stipulation and proposal for
    settlement with the City. On October 18, 2001, the Board granted the request for relief from the
    hearing requirement and accepted the stipulation and settlement for the City.
     
    On December 20, 2001, complainant, Gordon, and G&P 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)). 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). Under the
    proposed stipulation, Gordon and G&P agree to pay a civil penalty of $25,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
     
     
     
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    stipulation, proposed settlement, and request for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If
    anyone timely files a written demand for hearing, the Board will deny the parties’ request for
    relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The
    Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 10, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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