ILLINOIS POLLUTION CONTROL BOARD
    October 3, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF DES PLAINES, an Illinois
    municipal corporation, and MCDONOUGH
    ASSOCIATES, INC., an Illinois corporation,
     
    Respondents.
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    PCB 03-23
    (Enforcement – Public Water Supply)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On August 29, 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 Des Plaines and
    McDonough Associates, Inc. (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 and 18(a) of the Environmental Protection Act (Act) (415 ILCS
    5/15, 18(a) (2000)) and 35 Ill. Adm. Code 602.101 and 602.102. The People further allege that
    respondents violated these provisions by failing to obtain permits for the construction and
    installation of a water main, and causing and allowing the operation of the water main without a
    permit from November 1, 1999 until August 31, 2000. The complaint concerns respondents’
    reconstruction of the Oakton Street water main in Des Plaines, Cook County.
     
    Additionally on August 29, 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
    notice was published in the
    Des Plaines Journal
    on September 4, 2002. The Board did not
    receive any requests for hearing. The Board grants the parties’ request for relief from the
    hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2000)
    as amended by
    P.A. 92-0574, eff. June 26,
    2002; 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
    respondent’s 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)). The People and respondents have
    satisfied Section 103.302. Respondents neither admit nor deny the alleged violations, but agree
    to pay a civil penalty. Respondent City of Des Plaines agrees to pay the sum of $15,000.
     
      
     
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    Respondent McDonough Associates, Inc. agrees to pay the sum of $11,000. The Board accepts
    the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    The City of Des Plaines and McDonough Associates, Inc. (respondents) must pay
    a civil penalty no later than November 3, 2002. Respondent City of Des Plaines
    must pay $15,000. Respondent McDonough Associates, Inc. must pay $11,000.
    Respondents must each pay its civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and respondents’ social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3.
    Respondents must each send its certified check or money order to:
     
     
      
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    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)).
     
    5.
    Respondents must cease and desist from the alleged violations.
     
    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 October 3, 2002, by a vote of 5-0.
     
      
     
     
      
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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