ILLINOIS POLLUTION CONTROL BOARD
    October 5, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    E.J. WATER CORPORATION, an Illinois not-for-profit
    corporation, MILANO & GRUNLOH ENGINEERS, INC.,
    an Illinois corporation, and SPETH PLUMBING, INC., an
    Indiana corporation,
    Respondents.
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    PCB 01-45
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On September 1, 2000, the People of the State of Illinois (People) filed a four-count complaint against
    respondents E.J. Water Corporation (E.J.), Milano & Grunloh Engineers, Inc. (M & G), and Speth Plumbing, Inc
    (Speth).
    The complaint alleges that E.J. violated Sections 15(a) and 18(a) of the Environmental Protection Act (Act)
    (415 ILCS 5/15(a), 18(a) (1998)) and Section 602.101(a) of the Board’s Public Water Supply Rules (35 Ill. Adm. Code
    602.101(a)) by constructing a potable water supply without a permit.
    The complaint alleges that M & G violated Sections 15(a), 15(b), and 18(a) of the Act (415 ILCS 5/15(a),
    15(b), 18(a) (1998)) and Sections 602.101(a), 602.102, and 652.201 of the Board’s Public Water Supply Rules (35 Ill.
    Adm. Code 602.101(a), 602.102, 652.201) by constructing a potable water supply without a permit and allowing
    operation of a water well without a permit.
    The complaint alleges that Speth violated Sections 15(a), 18(a), and 18(a)(2) of the Act (415 ILCS 5/15(a),
    18(a), 18(a)(2) (1998)) and Sections 602.102, 652.201 and 652.203 of the Board’s Public Water Supply Rules (35 Ill.
    Adm. Code 602.102, 652.201, 652.203) by constructing a potable water supply without a permit and submitting false
    sampling results.
    In addition to the complaint, the parties 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)).
    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 Effingham Daily News
    on September 5, 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 to the violations alleged by the
    People and agree to pay a civil penalty of $6,000 each.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    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 constitutes the Board’s findings of fact and conclusions of law in this matter.
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    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by the People of the
    State of Illinois and
    respondents
    . The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Respondents shall pay the sum of $6,000 each. Payment shall be made within 30 days of the date
    of this order, that is, on or before November 5, 2000. 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 respective 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:
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    Office of the Attorney General
    Donna Lutes, 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.
    Respondents 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 5th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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