ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    CITY OF WINCHESTER, an Illinois
    municipal corporation, 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)
     
    ORDER OF THE BOARD (by S.T. Lawton):
     
    On July 7, 2000, the People of the State of Illinois (People) filed a complaint against
    respondents City of Winchester, Benton & Associates, Inc. and R&G Construction. The
    complaint alleges that respondents 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), and 5/18 (1998)); 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.
     
    On May 10, 2001, the complainant and respondent, City of Winchester, 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) (1998)). The City of
    Winchester admits the alleged violations in the complaint as listed above and proposes to pay a
    $2,000 penalty.
     
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
     
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing. The Board notes that this stipulation and proposal for settlement
     
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    by the complainant and the City of Winchester does not include respondents, Benton &
    Associates, Inc. and R&G Construction.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board
     
     

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