ILLINOIS POLLUTION CONTROL BOARD
    December 19, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF GEORGETOWN, an Illinois
    Municipal corporation, and T.K. FLEMING
    CONSTRUCTION, Inc., an Illinois
    corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-74
    (Enforcement – Public Water Supply)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On November 20, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against the City of Georgetown and T.K. Fleming
    Construction, Inc (respondents).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204.
    The People allege that respondents violated Sections 12(b), 15, and 18(a) of the Environmental
    Protection Act (Act). The People further allege that respondents violated these provisions by
    failing to submit construction permit applications for a water main extension and a sewer main;
    failing to submit a permit application for operating the water main; constructing the water and
    sewer mains on a vertical plane less than 18 inches apart; failing to implement the cross-
    connection ordinance by conducting a survey; and failing to maintain data on inspections,
    repairs, and tests. The complaint concerns City of Georgetown’s annexation of the Woodland
    Estates Subdivision, located in Georgetown, Vermillion County.
     
    On December 10, 2002, the People and the City of Georgetown 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). Under the proposed
    stipulation, the City of Georgetown admits the alleged violations and agrees to pay a civil
    penalty of $500.
     
    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); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 19, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top