ILLINOIS POLLUTION CONTROL BOARD
    August 9, 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 E.Z. Kezelis):
    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 July 10, 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 Housing Authority 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 July 12, 2001, in the
    Pana
    News-Palladium
    . In the stipulation and proposal for settlement, the Housing Authority agreed to pay a
    $4,000 penalty.
     
    On August 3, 2001, Prairie Land filed a request that a hearing be held in this matter. Pursuant
    to Section 31(a)(2) of the Act (415 ILCS 5/31(a)(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).
     
     
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    Accordingly, the Board denies the request for relief from the hearing requirement. The Board
    directs that this matter proceed 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, hereby certify that the above
    order was adopted on the 9th day of August 2001 by a vote of 6-0.
     
     
      
      
      
      
      
      
     
     
      
      
      
      
      
      
    Dorothy M. Gunn, Clerk
     
      
      
      
      
      
      
    Illinois Pollution Control Board
     
     

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