ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ILLINOIS-AMERICAN WATER COMPANY, an Illinois
    corporation,
    Respondent.
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    PCB 00-113
         
    (Enforcement – Public Water Supply)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    This action was initiated by the January 4, 2000 filing of a complaint by the People of the State of Illinois
    (People) against Illinois-American Water Company (IAWC). On August 7
    ,
    2000, complainant and respondent filed
    a stipulation and proposal for settlement, accompanied by a motion requesting relief from the hearing requirement
    pursuant to Section 31 (c)(2) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(2) (1998)). The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleges that the respondent violated specified provisions of the Act (415 ILCS 5/1 et seq.
    (1998)) and the Board’s regulations by improper installation of a water main. The complaint alleges that the
    violations occurred at a water main extension installed at the intersection of Cedar Hills and Route 29 in Peoria,
    Peoria County, Illinois.
    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
    Peoria Journal Star
    on August 8, 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. Respondent admits that the water main at issue was
    initially installed in violation of Section 18(a)(2) of the Act (415 ILCS 5/18(a)(2) (1998)), and agrees to pay a civil
    penalty of $25,000. Respondent 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 constitutes the Board’s findings of fact and conclusions of law in this matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by the People of the
    State of Illinois and Illinois-American Water Company, an Illinois corporation, concerning its
    water main extension at the intersection of Cedar Hills and Route 29 in Peoria, Peoria County,
    Illinois. The stipulation and settlement agreement is incorporated by reference as though fully set
    forth herein.
    2.
    Respondent shall pay the sum of $25,000 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 respondent’s federal employer identification number 51-0105894 shall also be included on
    2
    the certified 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 shall be simultaneously submitted to:
    Donna Lutes, Environmental Bureau
    Illinois Attorney General’s Office
    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.
    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 7th day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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