ILLINOIS POLLUTION CONTROL BOARD
    June 6, 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
     
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    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 (Pana), the
    Housing Authority of Christian County (HACC), PrairieLand Construction, Inc.
    (PrairieLand), and Rich Williams d/b/a C.R. Williams & Associates Architects (Williams).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People alleged that
    respondents violated Sections 12(b), 15(a), and 18(a) of the Environmental Protection Act
    (Act) (415 ILCS 5/12(b), 15(a), and 18(a) (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 Illinois Environmental
    Protection Agency’s (Agency) regulations (35 Ill. Adm. Code 652.201, 652.203, and
     
    2
    653.119). The People further alleged that respondents violated these provisions by owning,
    controlling, supervising, and/or constructing water and sewer mains less than 10 feet apart,
    submitting insufficient plans for the water/sewer main project, by placing the water mains into
    service without an operating permit, by failing to perform disinfection, and by failing to submit
    bacteriological samples. The complaint concerns the construction of a water and sewer main
    project at the Washington Court Housing Project in Pana, Christian County.
     
    On May 2, 2002, the Board accepted the stipulations and proposals for settlement for
    HACC, Pana, and PrairieLand in this matter.
     
    On June 3, 2002, the People and Williams 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,
    Williams does not affirmatively admit the alleged violations in the complaint and agrees to pay
    a civil penalty of $7,000.
     
    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 June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top