ILLINOIS POLLUTION CONTROL BOARD

July 11, 2002

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

RICH WILLIAMS d/b/a C.R. WILLIAMS &

ASSOCIATES ARCHITECTS,

Respondent.

)

PCB 01-144

(Enforcement – Public Water Supply)

OPINION AND 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, 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

5/30(c)(1) (2000); 35 Ill. Adm. Code 103.204. Only the first count of the complaint

concerned Williams. The People allege that Williams violated Sections 15(a) and 18(a) of the

Environmental Protection Act (Act) (415 ILCS 5/15(a) and 5/18(a)(1), (a)(2), and (a)(3)

(2000)); Sections 601.101(b), 602.101(b), and 607.104(b) of the Board’s regulations (35 Ill.

Adm. Code 601.101(b), 602.101(b), and 607.104(b)), and Section 653.119 of the Illinois

Environmental Protection Agency’s (Agency) regulations (35 Ill. Adm. Code 653.119 (a) and

(b) (2001)). The People further allege that Williams violated these provisions by having direct

supervisory control over the construction of water and sewer mains less than ten feet apart.

The People alleged similar and additional violations of the Act, the Board’s regulations, and

the Agency’s regulations against the other respondents. The complaint concerns the

construction of a water main project at the Washington Court Housing Project in Pana,

Christian County.

On July 10, 2001, the People and HACC 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). The Board provided notice of

the stipulation, proposed settlement, and request for relief. The newspaper notice was

published in the

Pana News-Palladium

on July 12, 2001. The Board received a timely request

for hearing from PrairieLand on August 3, 2001.

See

415 ILCS 5/31(c)(2) (2000).

On August 23, 2001, Respondent, PrairieLand Construction filed a cross-complaint

against the City of Pana, the HACC, and Williams for contribution.

On November 19, 2001, the People and Pana filed a stipulation and proposed

settlement, accompanied by a request for relief from the hearing requirement of Section

31(c)(1) of the Act. The Board provided notice of the stipulation, proposed settlement, and

request for relief. The newspaper notice was published in the

Pana News-Palladium

November 29, 2001. The Board received a timely request for hearing from PrairieLand on

November 30, 2001.

On March 28, 2002, the People and PrairieLand filed a stipulation and proposed

settlement, accompanied by a request for relief from the hearing requirement of Section

31(c)(1) of the Act. The Board provided notice of the stipulation, proposed settlement, and

request for relief. The newspaper notice was published in the

Pana News-Palladium

on April

1, 2002.

On April 15, 2002, PrairieLand filed a motion to withdraw requests for hearing.

Specifically, PrairieLand withdrew its requests for hearing in connection with the stipulations

and settlements involving both HACC and Pana. On May 2, 2002, the Board issued an

opinion and order accepting the stipulations and settlements involving the People and the City

of Pana, HACC, and PrairieLand.

On June 3, 2002, the People and Williams filed a stipulation and proposed settlement,

along with a request from relief from the hearing requirement of Section 31(c)(1) of the Act.

The Board provided notice of the stipulation, proposed settlement, and request for relief. The

newspaper notice was published in the

Pana News-Palladium

on June 6, 2002.

Since the request for hearing has been withdrawn, and no further requests for hearing

have been filed in connection with Williams’ stipulation and settlement, the Board grants the

Williams’ requests for relief from the hearing requirement.

See

415 ILCS 5/31(c)(2) (2000);

35 Ill. Adm. Code 103.300(b).

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements

include stipulating to facts on the nature, extent, and causes of the alleged violations and the

nature of Williams’ operations. Section 103.302 also requires that the parties stipulate to facts

called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). Williams has satisfied

Section 103.302. Williams does not affirmatively admit the alleged violations yet agrees to

pay a civil penalty of $7,000. The Board accepts the stipulation and proposed settlement. This

resolves all issues as to all parties in this action, and the docket is closed.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

Williams must pay a civil penalty of $7,000. By August 10, 2002, which is the

30th day after the date of this order, Williams must make the first of seven

monthly payments in equal installments of $1,000 (one thousand dollars).

Williams must pay the civil penalties by certified checks or money orders,

payable to the Illinois Environmental Protection Agency for deposit into the

Environmental Protection Trust Fund. The case numbers, case names, and

Williams’ federal employer identification number must be included on the

certified checks or money orders.

Williams must send the certified checks or money orders to:

Illinois

Environmental

Protection

Agency

Fiscal

Services

Division

1021

North

Grand Avenue East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

Williams must simultaneously submit copies of the checks and payment

transmittals to:

Donna Lutes

Illinois Attorney General’s Office

500 South Second Street

Springfield, Illinois 62706

If Williams fail to comply with any material requirement set forth in its

stipulation and proposal for settlement, Williams shall pay in liquidated penalties

the sum of $500.00 per month of noncompliance, until such time as the

requirements are complied with, said penalty to be paid to the Environmental

Protection Trust Fund in the manner provided above.

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2000)).

Williams must cease and desist from the alleged violations.

This docket is closed.

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2000);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906,

102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the

Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.

The Board’s procedural rules provide that motions for the Board to reconsider or modify its

final orders may be filed with the Board within 35 days after the order is received. 35 Ill.

Adm. Code 101.520;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board