ILLINOIS POLLUTION CONTROL BOARD
October 4, 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 – Public Water Supply)
OPINION AND 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 April 5, 2001, the Board accepted the stipulation and proposal for settlement between
complainant and Auburn.
PPH – PUBLICATION OF NEWSPAPER NOTICE
On September 18, 2001, complainant and PPH 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)). PPH neither admits nor denies the alleged
violations in the complaint but proposes to pay a $7,500 penalty.
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
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schedule a hearing.
BENTON – ACCEPTANCE OF STIPULATION AND SETTLEMENT
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). 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 request for relief from the hearing requirement. The
notice appeared in
the
Auburn Citizen
on August 30, 2001. The Board did not receive any
requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Benton denies the
alleged violations of Sections 12(b) and 18 of the Act and Section 607.104(b) of the Board’s
regulations but agrees to pay a civil penalty of $14,000.
The Board accepts the stipulation and proposal for settlement between complainant and
Benton. Benton must continue to comply with any federal, State, or local regulations including,
but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Benton & Associates, Inc. The stipulation
and settlement agreement is incorporated by reference as though fully set forth
herein.
2. Benton must pay a civil penalty of $14,000 within 30 days of the date of this
order, that is, on or before October 20, 2001. Such payment must be made by
certified check or money order payable to the Treasurer of the State of Illinois, for
deposit in the Environmental Protection Trust Fund. The case number, case
name, and Benton’s Federal Employer Identification Number (37-0982997) must
also be included on the certified check and clearly indicate that payment is
directed to the Environmental Protection Trust Fund.
3. The check must be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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A copy of the payment transmittal and check shall be simultaneously submitted
to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
4. Any such penalty not paid within the time prescribed incurs interest at the rate set
forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35 ILCS
5/1003 (2000)), as now or hereafter amended, from the date payment is due until
the date payment is received. Interest does not accrue during the pendency of an
appeal during which payment of the penalty has been stayed.
5. Benton shall continue to comply with Sections 12(b) and 18 of the Illinois
Environmental Protection Act (415 ILCS 5/12(b) and 18 (2000)) and 35 Ill. Adm.
Code 607.104(b) of the Board’s regulations. Benton must cease and desist from
future violations of any federal, State, or local statutes and regulations, including
the Act and the Board’s regulations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on October 4, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
