ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF KEENSBURG and DAVID
    DALLAS d/b/a DALLAS CONSULTING,
    ENGINEERING - SURVEYING,
     
    Respondents.
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    PCB 03-108
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 22, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the Village of Keensburg (Keensburg) and
    David Dallas doing business as Dallas Consulting, Engineering – Surveying (Dallas).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Keensburg and
    Dallas violated Sections 15 and 18(a)(1) and (a)(2) of the Environmental Protection Act (Act)
    (415 ILCS 5/15, 18(a)(1) and (a)(2) (2002)) and Section 602.101 of the Board’s regulations. 35
    Ill. Adm. Code 602.101. The People further allege that Keensburg and Dallas violated these
    provisions by failing to obtain a permit for the construction of a water well and failing to obtain a
    supplemental permit for the completion of another water well. In addition, the People allege that
    Keensburg failed to obtain a permit for operation of the wells and a rehabilitated water treatment
    plant. The complaint concerns Keensburg’s water wells and water treatment plant in the Village
    of Keensburg in Wabash County.
     
    On January 22, 2003, the People and each respondent filed separate stipulations and
    proposed settlements, accompanied by a request for relief from the hearing requirement of
    Section 31(c)(1) of the Act. 415 ILCS 5/31(c)(1) (2002). This filing is authorized by Section
    31(c)(2) of the Act. 415 ILCS 5/31(c)(2) (2002);
    see
    35 Ill. Adm. Code 103.300(a). Under the
    proposed Keensburg stipulation, Keensburg admits the alleged violations and agrees to pay a
    civil penalty of $500. Under the proposed Dallas stipulation, Dallas admits the alleged violations
    and agrees to pay a civil penalty of $5,000.
     
    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) (2002); 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 February 6, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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