ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF LAWRENCEVILLE, JOHN A. GORDON, P.E.,
    GORDON & PRICE, INC.,
    DAVID GUILLAUM d/b/a D & G CONSTRUCTION,
    and WAYNE LAPINGTON d/b/a LAPINGTON
    TRUCKING AND EXCAVATING,
    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 People of the State of Illinois filed a complaint against the City of Lawrenceville
    (City), John A. Gordon, P.E. (John Gordon), Gordon & Price, Inc. (G & P), David Guillaum d/b/a D & G
    Construction (D & G), and Wayne Lapington d/b/a Lapington Trucking and Excavating (Lapington).
    1
    The
    complaint alleges that the respondents committed various violations of the Environmental Protection Act (Act) and
    Board rules in the construction of water and sewer mains in Lawrenceville, Lawrence County, Illinois.
    The complaint alleges that by allowing the construction of water and sewer mains in the same trench
    within two feet of each main; City, John Gordon, G & P, violated Sections 12(b), 15 and 18(a)(1) and (a)(2) of the Act
    (415 ILCS 5/12(b), 15, 18(a)(1), 18(a)(2); Section 309.202(a) of the Board’s Construction Permit Rules (35 Ill. Adm.
    Code 309.202(a)); and Sections 601.101, 602.101(a) and (b), 607.104(b), and 653.119(a)(1)(A) of the Board’s Public
    Water Supply Rules (35 Ill. Adm. Code 601.101, 602.101(a), (b), 607.104(b), 653.119(a)(1)(A)).
    The complaint alleges that by allowing the construction of water and sewer mains in the same trench
    within two feet of each main, D & G and Lapington violated Sections 12(b) and 18(a)(1) and (a)(2) of the Act (415
    ILCS 5/12(b), 18(a)(1), 18(a)(2)); Section 309.202(a) of the Board’s Construction Permit Rules (35 Ill. Adm. Code
    309.202(a)); and Sections 602.101, 607.104(b), and 653.119(a)(1)(A) of the Board’s Public Water Supply Rules (35 Ill.
    Adm. Code 602.101, 607.104(b), 653.119(a)(1)(A)).
    On August 16, 2000, the Agency, along with respondents D & G and Lapington, filed a joint 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) (1998)).
    2
      
    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
    Lawrenceville Daily Record
    on August 21, 2000. The Board did not receive any requests for hearing. Accordingly,
    the Board grants a waiver from the hearing requirement.
    1
    Complainant’s September 13, 2000, indicates the correct spelling is Lapington.
    2
    On September 5, 2000, respondents John Gordon, and G & P filed a motion asserting that John Gordon, and G & P,
    are not parties to this stipulated agreement. On September 13, 2000, the complainant filed a response asserting that
    the stipulation, taken in reasonable context, makes it clear that the settlement refers only to D & G and Lapington.
    2
    The stipulation and proposal for settlement sets forth the facts relating to the nature, operations, and
    circumstances surrounding the allegations in the complaint. D & G and Lapington agree to each pay a civil penalty
    of $5,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this matter. D & G and
    Lapington must continue to comply with any federal, State, or local regulations including, but not limited to, the Act
    and the Board’s regulations.
    This order concludes this case as to D & G and Lapington only. The People’s action against the City, John
    Gordon, and G & P shall proceed as expeditiously as is practicable.
    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 D & G and Lapington, concerning the water and sewer main construction in
    Lawrenceville, Lawrence County,
    Illinois
    . The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
    2.
    D & G and Lapington shall each pay four installments of $1,250 for the sum of $5,000 each. The
    first installment shall be paid within 30 days of the date of this order, that is, on or before October
    21, 2000. The remaining payments shall be due every 90 days until the penalty is satisfied. 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 Federal Employer Identification number 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 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
    Illinois Attorney General’s Office
    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.
     
    D & G and Lapington
    shall cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
    3
    6.
     
    If
    D & G and/or Lapington
    fail to comply with any material requirement set forth in this
    stipulation and proposal for settlement,
    D & G and/or Lapington
    shall pay in liquidated
    penalties the sum of $500 per month on noncompliance, until such time as the requirements are
    complied with, said penalty to be paid to the Environmental Protection Trust Fund.
    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.
    4
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and
    order was adopted on the 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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