ILLINOIS POLLUTION CONTROL BOARD
December 20, 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)
OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On October 31, 2001, the People of the State of Illinois (People) and respondent, R&G
Construction filed a joint stipulation and proposal for settlement. The Board accepts the
stipulation and proposal for settlement by the two parties in this matter. The People alleged in
their complaint that R&G Construction, as well as the City of Winchester and Benton &
Associates, Inc., 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), 5/18 (2000)); 35 Ill. Adm. Code 602.101,
607.104(b), and 653.119; and Section 8.6 of the Recommended Standards for Water Works.
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
Scott County Times
on November 7, 2001. The Board has not received any requests for hearing. Accordingly, the
Board grants a waiver from the hearing requirement.
The stipulation and proposal for settlement between the People and R&G Construction
sets forth the facts relating to the nature, operations, and circumstances surrounding the
allegations in the complaint. R&G Construction denies that it violated the Act and Board
regulations as alleged in the complaint in this matter. However, R&G Construction allegedly
corrected the problem by adequately separating the water and sewer lines in compliance with the
Act. Stip. at 10.
R&G Construction agrees to pay a civil penalty of $5,000 into the Environmental
Protection Trust Fund within 30 days of the adoption of this order. It must continue to comply
with any federal, State, or local regulations including, but not limited to, the Act and the Board’s
regulations.
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The Board notes that this opinion and order only addresses the joint stipulation and
settlement between the People and R&G construction. The Board accepted a stipulation and
proposed settlement agreement between the People and the City of Winchester in its
June 21, 2001 Board opinion and order, and between the People and Benton & Associates, Inc.
in its July 12, 2001 Board opinion and order.
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 R&G construction, concerning the failure to
supply assuredly safe water by not adequately separating water and sewer main
lines during the installation of water mains in Winchester, Scott County, Illinois.
The stipulation and settlement agreement is incorporated by reference as though
fully set forth herein.
2. R&G construction must pay $5,000 within 30 days of this order. It must make the
payment by certified check or money order, payable to the Treasurer of the State
of Illinois, and designated to the Environmental Protection Trust Fund. The case
number, case name, and the Federal Employer Identification Number of R&G
construction shall also be included on each check or money order, and should
clearly indicate that payment is directed to the Environmental Protection Trust
Fund.
3. The check or money order shall 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
A copy of the payment transmittal and check or money order must be
simultaneously submitted to:
Sally A. Carter
Assistant Attorney General
Illinois Attorney General’s Office
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
4. Any such penalty not paid within the time prescribed shall incur 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
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until the date payment is received. Interest shall not accrue during the pendency
of an appeal during which payment of the penalty has been stayed.
5.
Respondents shall cease and desist all future violations of any federal, State, or
local statutes and 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on December 20, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
