ILLINOIS POLLUTION CONTROL BOARD
October 4, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF LAWRENCEVILLE, JOHN A.
GORDON, P.E., and GORDON & PRICE,
INC.,
Respondents.
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PCB 00-122
(Enforcement – Public Water Supply)
ORDER OF THE BOARD (by N.J. Melas):
On January 18, 2000, the People of the State of Illinois (complainant) filed a one-count
complaint against respondents City of Lawrenceville (the City), John A. Gordon, P.E. (Gordon),
Gordon & Price, Inc. (G&P), David Guillaum d/b/a D&G Construction (Guillaum), and Wayne
Lapington d/b/a Lapington Trucking and Excavating (Lapington).
The complaint alleged that, by allowing the construction of water and sewer mains in the
same trench within two feet of each other, the City, Gordon, and G&P violated Sections 12(b),
15, 18(a)(1), and 18(a)(2) of the Environmental Protection Act (415 ILCS 5/12(b), 15, 18(a)(1),
18(a)(2) (2000)); Sections 309.202(a), 601.101, 602.101(a), 602.101(b), and 607.104(b) of the
Board’s regulations (35 Ill. Adm. Code 309.202(a), 601.101, 602.101(a), 602.101(b), and
607.104(b)); and Section 653.119(a)(1)(A) of the Illinois Environmental Protection Agency’s
regulations (35 Ill. Adm. Code 653.119(a)(1)(A)).
On August 16, 2000, complainant filed a request for relief from the hearing requirement
and a stipulation and proposal for settlement with Guillaum and Lapington. On September 21,
2000, the Board granted the request for relief from the hearing requirement and accepted the
stipulation and settlement.
On September 19, 2001, complainant and the City 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 City neither admits nor denies the alleged
violations in the complaint but proposes to perform a $2,000 Supplemental Environmental
Project (SEP) as a penalty. The SEP involves the creation of a five-acre nature preserve. In the
event that the City does not perform the SEP by December 31, 2001, the City must pay a penalty
of $2,000 by no later than January 31, 2002.
The proposed stipulation and proposal for settlement between complainant and the City
does not release Gordon or G&P from liability.
Pursuant to Section 31(c)(2) of the Act, complainant may file with the Board a stipulation
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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 with respect to matters between complainant and the City.
On October 1, 2001, Gordon and G&P filed a pleading before the Board. Gordon and
G&P stated that they were not opposed to the stipulation but that they disputed the accuracy of
the statement of facts in the stipulation. The Board finds that the statement of facts pertains to
the stipulation only. The Board will not employ the statement of facts from the stipulation in
making decisions with respect to any future hearings, opinions, or orders involving complainant
and Gordon or G&P.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 4, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
