ILLINOIS POLLUTION CONTROL BOARD
February 7, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
JOHN A. GORDON, P.E., and GORDON &
PRICE, INC.,
Respondents.
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PCB 00-122
(Enforcement – Public Water Supply)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On January 18, 2000, the Office of the Attorney General, on behalf of the People of the
State of Illinois (complainant) filed a one-count complaint against respondents City of
Lawrenceville (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).
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c).
The complaint alleged that, by allowing the construction of water and sewer mains in the
same trench within two feet of each other, respondents 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)). The complaint concerns water and sewer mains in Lawrenceville,
Lawrence County.
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 for Guillaum and Lapington. On September 19, 2001, complainant
filed a request for relief from the hearing requirement and a stipulation and proposal for
settlement with the City. On October 18, 2001, the Board granted the request for relief from the
hearing requirement and accepted the stipulation and settlement for the City.
On December 20, 2001, complainant, Gordon, and G&P 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)). 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). The Board
provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
notice was published in the
Lawrenceville Daily Record
on January 9, 2002. The Board did not
receive any requests for hearing. The Board grants the parties’ request for relief from the
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hearing requirement.
See
415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Gordon’s and G&P’s operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). Complainant, Gordon, and
G&P have satisfied Section 103.302. Gordon and G&P agree to jointly and severally pay a civil
penalty of $25,000. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Gordon and G&P must jointly and severally pay a civil penalty of $25,000 no
later than March 9, 2002, which is the 30th day after the date of this order.
Gordon and G&P must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Agency for deposit into the
Environmental Trust Fund. The case number, case name, and G&P’s federal
employer identification number must be included on the certified check or money
order.
3. Gordon and G&P must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. A copy of the check and payment transmittal shall simultaneously be submitted
to:
Donna Lutes
Illinois Attorney General’s Office
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
5. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
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6.
Gordon and G&P must cease and desist from the alleged violations.
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 February 7, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
