ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    R&G CONSTRUCTION, an Illinois
    corporation,
     
    Respondent.
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    PCB 01-3
    (Enforcement – Public Water Supply)
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
    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. 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 (2000)); 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. The Board accepted stipulations and proposals for
    settlements between the People and respondents, the City of Winchester and Benton &
    Associates, in its June 21, 2001 and July 12, 2001 Board opinions and orders.
     
    On October 31, 2001, the complainant and respondent, R&G Construction, 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)). R&G
    Construction denies the alleged violations in the complaint as listed above, but proposes to pay a
    $5,000 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) (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.
     
    IT IS SO ORDERED.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 15, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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