ILLINOIS POLLUTION CONTROL BOARD
    April 4, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF PANA, HOUSING AUTHORITY
    OF CHRISTIAN COUNTY, PRAIRIELAND
    CONSTRUCTION, INC., and RICH
    WILLIAMS d/b/a C.R. WILLIAMS &
    ASSOCIATES ARCHITECTS,
     
    Respondents.
    ______________________________________
     
    PRAIRIELAND CONSTRUCTION, INC.,
     
    Cross-Complainant,
     
    v.
     
    CITY OF PANA, HOUSING AUTHORITY
    OF CHRISTIAN COUNTY, and RICH
    WILLIAMS d/b/a C.R. WILLIAMS &
    ASSOCIATES ARCHITECTS,
     
    Cross-Respondents
     
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    PCB 01-144
    (Enforcement – Public Water Supply)
     
     
     
     
     
     
     
     
     
     
     
          
     
    PCB 01-144
    (Enforcement – Public Water Supply)
    (Cross-Complaint)
    ORDER OF THE BOARD (by N.J. Melas):
    On April 20, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People) filed a two-count complaint against the City of Pana, the Housing
    Authority of Christian County, PrairieLand Construction, Inc. (PrairieLand), and Rich Williams
    d/b/a C.R. Williams & Associates Architects.
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm.
    Code 103.204. The People allege that PrairieLand violated Sections 12, 15, 18(a)(1), 18(a)(2),
    and 18(a)(3) of the Environmental Protection Act (Act) (415 ILCS 5/12, 15, 18(a)(1), 18(a)(2),
    and 18(a)(3) (2000)); Sections 602.101(b), 602.102, and 607.104(b) of the Board’s regulations
    (35 Ill. Adm. Code 602.101(b), 602.102, and 607.104(b)), and Sections 652.201, 652.203, and
    653.119 of the Environmental Protection Agency’s (Agency) regulations (35 Ill. Adm. Code
    652.201, 652.203, and 653.119). The People further allege that PrairieLand violated these
    provisions by constructing water and sewer mains less than 10 feet apart, by placing the water
    mains into service without an operating permit, by failing to perform disinfection, and by failing
    to submit bacteriological samples. The People also allege similar violations of the Act, the
     
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    Board’s regulations, and the Agency’s regulations against the other respondents. The complaint
    concerns the construction of a water and sewer main project at the Washington Court Housing
    Project in Pana, Christian County.
     
    On August 23, 2001, PrairieLand filed a cross-complaint against the other respondents
    for contribution.
     
    On March 28, 2002, the People and PrairieLand 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, PrairieLand does not affirmatively admit the alleged violations and agrees to pay a
    civil penalty of $5,000. The proposed stipulation and settlement between the People and
    PrairieLand has no affect on the People’s allegations against the other respondents in this matter.
     
    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.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 4, 2002, by a vote of 6-0.
     
     
      
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board

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