ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OSBORN HOMES, INC., an Illinois
    corporation,
    Respondents.
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    PCB 00-32
    (Enforcement – Public Water Supply)
    ORDER OF THE BOARD (by N. J. Melas):
    On August 19, 1999, the People of the State of Illinois (People) filed a four-count
    complaint against respondents Village of Maryville (Village) and Osborn Homes, Inc. (Osborn
    Homes) regarding construction of sanitary sewers along Stonebridge Golf Drive in the Village
    of Maryville, Madison County, Illinois.
    The complaint alleges that Osborn Homes violated Sections 12(c) and (f), 15 and 18 of
    the Environmental Protection Act (Act) (415 ILCS 5/12(c), 12(f), 18 (1998)); Section
    309.202(a) of the Board’s Construction Permit Rules (35 Ill. Adm. Code 309.202(a)); and
    Section 602.101 of the Board’s Public Water Supply Rules (35 Ill. Adm. Code 602.101) by
    constructing sanitary sewers and water main extensions without permits.
    1
    Additional violations
    were alleged against the Village.
    On November 2, 2000, the Board accepted a stipulation and settlement agreement
    between the People and the Village, resolving the action against the Village. The Village is
    not a party to this proposed settlement.
    On December 19, 2000, the Illinois Environmental Protection Agency (Agency), along
    with Osborn Homes, filed a 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)). In the proposed stipulation Osborn Homes neither admits nor denies the
    allegations contained in the complaint. Osborn Homes proposes to pay a $7,500 penalty.
    1
    The stipulation alleges Osborn Homes violated Section 15 of the Act, 415 ILCS 5/15. A
    violation of Section 15 is not alleged against Osborn Homes in the complaint. Given this
    inconsistency, the Board addresses only those violations alleged in the complaint.
    2
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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