ILLINOIS POLLUTION CONTROL BOARD
    July 13, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VILLAGE OF CHESTERFIELD, an Illinois
    municipal corporation, LAWRENCE LIPE &
    ASSOCIATES, an Illinois corporation, and
    MONIGER EXCAVATING COMPANY,
    INC., an Illinois corporation,
    Respondents.
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    PCB 00-201
    (Enforcement - PWS)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On May 5, 2000, the parties filed a stipulation and proposal for settlement. The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondents violated Section 18
     
    of the Environmental Protection Act
    (Act) (415 ILCS 5/18 (1998)), and the Board’s regulations found at 35 Ill. Adm. Code
    370.350, 601.101, 607.104(b), and 653.119, by failing to achieve the required water and sewer
    main separation, failing to provide assuredly safe drinking water, and failing to protect water
    main and water services lines.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), 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
    Macoupin County
    Enquirer
    on June 1, 2000. 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. Respondents admit
    the alleged violations and agree to pay a total civil penalty of $5,250. Respondents 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 and order constitutes the Board’s findings of fact and conclusions of law in
    this matter.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and the Village of Chesterfield, an Illinois
    municipal corporation, Lawrence Lipe & Associates, an Illinois corporation, and
    Moniger Excavating Company, Inc., an Illinois corporation. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    Each respondent shall pay a penalty of $1,750 for a total civil penalty of $5,250
    within 30 days of the date of this order. Such payment shall be made by
    certified check or money order payable to the Illinois Environmental Protection
    Agency, designated to the Environmental Protection Trust Fund. The case
    number, case name, and the respondents’ federal employer identification
    numbers or social security numbers shall also be included on the certified check
    or money order and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The certified 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 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 shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1998)
    ), as now or hereafter amended, from the date payment
    is due 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.
    Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 13th day of July 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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