ILLINOIS POLLUTION CONTROL BOARD
    November 7, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF CHICAGO HEIGHTS, a municipal
    corporation, and ROBINSON
    ENGINEERING, LTD., an Illinois
    corporation,
     
    Respondents.
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    PCB 03-32
    (Enforcement – Public Water Supply)
          
     
    OPINION AND 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),
    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),
    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)).
    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 Star Newspapers
    on
    September 26, 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),
     
    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
    respondents’ operations. Section 103.302 also requires that the parties stipulate to facts called
     
      
     
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    for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and respondents have
    satisfied Section 103.302. 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. 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 Chicago Heights and Robinson Engineering, Ltd. (respondents) must
    each pay a civil penalty. The City of Chicago Heights shall pay $20,000, and
    Robinson Engineering, Ltd. shall pay $38,000 no later than December 7, 2002.
    Each respondent must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and the respondent’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    Each respondent must send the 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.
     
    Board Member W.A. Marovitz concurred.
     
    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
     
      
     
     
      
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    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 November 7, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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