ILLINOIS POLLUTION CONTROL BOARD
October 3, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF CHICAGO HEIGHTS, an Illinois
municipal corporation, and ROBINSON
ENGINEERING, LTD., an Illinois
corporation,
Respondents.
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PCB 03-32
(Enforcement – Public Water Supply)
ORDER OF THE BOARD (by C.A. Manning):
On September 23, 2002, 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 Chicago Heights
and Robinson Engineering, Ltd. (respondents).
See
415 ILCS 5/31(c)(1) (2000)
as amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 103.204. The People allege that
respondents violated Sections 15(a), and 18(a) of the Environmental Protection Act (Act) (415
ILCS 5/15(a), 18(a) (2000)) and numerous provisions of the Board’s public water supply
regulations. The People further allege that respondents violated these provisions by failing to
obtain a construction permit; failing to submit plans and specifications prior to construction of a
public water supply; and by causing, threatening or allowing the distribution of water from the
public water supply of such quality as to be injurious to human health. The complaint concerns
the construction of a pump station and water main in Chicago Heights, Cook County. The
location of the water main was not specified, although the complaint alleges that the water main
is located approximately five to fifteen feet from a petroleum pipeline.
Additionally on September 23, 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)
as amended by
P.A. 92-0574, eff. June 26,
2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)
as
amended by
P.A. 92-0574, eff. June 26, 2002).
See
35 Ill. Adm. Code 103.300(a). Under the
proposed stipulation, respondents deny the alleged violations but agree to pay a civil penalty.
Respondent City of Chicago Heights agrees to pay a civil penalty of $20,000. Respondent
Robinson Engineering agrees to pay a civil penalty of $38,000.
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)
as amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill.
2
2
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 October 3, 2002, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board