ILLINOIS POLLUTION CONTROL BOARD
    August 23, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BENTON & ASSOCIATES, INC., a Delaware
    corporation, and PETERSBURG PLUMBING
    AND HEATING, a Delaware corporation,
     
    Respondents.
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    PCB 00-176
    (Enforcement - Water)
    ORDER OF THE BOARD (by N.J. Melas):
     
    On April 18, 2000, the People of the State of Illinois (complainant) filed a five-count
    complaint against respondents the City of Auburn (Auburn), Benton & Associates, Inc. (Benton),
    and Petersburg Plumbing and Heating (PPH). The complaint alleges respondents caused water
    pollution, failed to protect public water supplies, failed to provide safe water, and failed to
    adequately separate water and sewer mains. Complainant alleged that respondents violated
    Sections 12(b) and 18 of the Environmental Protection Act (Act) (415 ILCS 5/12(b) and 18
    (2000)) and the Board’s regulations at 35 Ill. Adm. Code 370.350
    ,
    601.101, 607.104(b), and
    653.119.
     
    On August 20, 2001, complainant and Benton 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). Benton proposes to pay a $14,000 penalty.
     
    On April 5, 2001, the Board accepted the stipulation and proposal for settlement between
    complainant and Auburn. The stipulation and proposal for settlement between complainant and
    Benton does not include Auburn or PPH.
     
    Pursuant to Section 31(c)(2) of the Act, 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) (2000). 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.
     
     
     
     
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    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 23rd day of August 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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