ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF GOLCONDA, BROWN,
    ROFFMAN & ROBERTS, INC. and FORBY
    EXCAVATING, INC.,
     
    Respondents.
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    PCB 02-36
    (Enforcement – Public Water Supply)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On September 18, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People) filed a three-count complaint against respondents City of
    Golconda; Brown, Roffman & Roberts, Inc.; and Forby Excavating, Inc.
    See
    415 ILCS
    5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that respondents failed to
    maintain the required physical separation between water mains and sewer mains at three places
    in Golconda, Pope County. These activities were in alleged violation of Section 18 of the
    Environmental Protection Act (Act) (415 ILCS 5/18 (2000)), Sections 601.101 and 607.104(b)
    of the Board’s regulations (35 Ill. Adm. Code 601.101 and 607.104(b)), and Section 653.119
    of the Illinois Environmental Protection Agency’s regulations (35 Ill. Adm. Code 653.119).
     
    On May 28, 2002 the People and respondents 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, the respondents admit violating Section 18 of the Act. Respondents
    Brown, Roffman & Roberts and Forby Excavating, Inc. agree to pay a penalty of $1,500 each
    and respondent City of Golconda agrees to pay a civil penalty of $800.
     
    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.
     
     
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    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

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