ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS, )
    )
    Complainant, )
    )
    v. ) PCB 01-40
    ) (Enforcement – Public Water Supply)
    CITY OF PARIS, an Illinois municipal )
    corporation, and FRANCIS ASSOCIATES, )
    an Illinois corporation, )
    )
    Respondents. )
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On December 5, 2000, the complainant filed a stipulation and proposal for settlement.
    The Board accepts the stipulation and proposal for settlement in this matter. The complaint
    alleged that the City of Paris and Francis Associates (respondents) violated Sections 15(a) and
    18(a) of the Environmental Protection Act (Act) (415 ILCS 5/15(a) and 18(a) (1998)), and
    Section 602.101(a) of the Board’s regulations (35 Ill. Adm. Code 602.101(a)). According to
    the stipulation and proposal for settlement, respondents allegedly caused or allowed the
    construction of a water main known as the Eads Water Main, without a construction permit as
    required by the Act.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), 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
    Paris Daily
    Beacon-News
    on December 8, 2000. 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 sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondents admit
    that they violated the Act and Board regulations as alleged in the Amended Complaint in this
    matter. Respondent, City of Paris, agrees to pay a civil penalty of $2,000 and respondent,
    Francis Associates, agrees to pay a civil penalty of $4,000 into the Environmental Protection
    Trust Fund within 30 days of the adoption of this order. Respondents must continue to comply
    with any federal, State, or local regulations including, but not limited to, the Act and the
    Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois, the City of Paris, and Francis Associates,
    concerning the construction of the Eads Water Main located in Paris, Edgar
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2. Respondents, City of Paris and Francis Associates shall pay the sums of $2,000
    and $4,000 respectively within 30 days of the date of this order. These
    payments shall be made by certified check or money order, payable to the
    Illinois Environmental Protection Agency, and designated to the Environmental
    Protection Trust Fund. The case number, case name, and the respondents’
    Federal Employer Identification Number, must be included on each check or
    money order, and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3. The checks or money orders 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
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    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
    (1998)
    ), 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.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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