ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DI PAOLO COMPANY,
     
    Respondent.
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    PCB 02-82
    (Enforcement – Water)
     
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On December 19, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against Di Paolo Company (Di Paolo).
    See
     
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Di Paolo
    violated Sections 12(a), 12(d), and 12(f) of the Environmental Protection Act (Act) (415 ILCS
    5/12(a), 12(d), and 12(f) (2000)), and various provisions of the Board’s water pollution
    regulations. The People further allege that Di Paolo violated these provisions by pumping
    groundwater with sediment into a designated wetland area. Di Paolo is a construction and
    excavation contractor. The complaint concerns a water main extension in Valley Lakes
    Subdivision, Round Lake, Lake County.
     
    On December 26, 2001, the People and Di Paolo filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, DiPaolo neither admits nor denies the alleged violations, but would pay a $9,000
    penalty.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    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 January 10, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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