ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VILLAGE OF SIMS, an Illinois municipal
    corporation; FOLLOWELL
    CONSTRUCTION COMPANY, INC., an
    Illinois corporation; and LAMAC
    ENGINEERING COMPANY, an Illinois
    corporation,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 03-224
    (Enforcement - Public Water Supply)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 9, 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 Sims, Followell Construction
    Company, Inc., and Lamac Engineering Company (the respondents).
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The People allege that the respondents violated Sections 15
    and 18(a)(1), (a)(2), and (a)(3) of the Environmental Protection Act (Act) (415 ILCS 5/15 and
    18(a)(1), (a)(2), and (a)(3) (2002)) and 35 Ill. Adm. Code 601.101(b), 602.101(b), and
    607.104(b) of the Public Water Supply regulations. The People further allege that the
    respondents violated these provisions by failing to provide required adequate separation between
    a water main and a sewer main. The complaint concerns the Village of Sims water main facility
    in Sims, Wayne County.
     
    On June 12, 2003, the People and the Village of Sims and the People and Followell
    Construction Company, Inc. each 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) (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). The Board provided notice of the stipulation,
    proposed settlement, and request for relief from hearing. Under the first proposed stipulation,
    the Village of Sims neither admits nor denies the alleged violations and agrees to pay a civil
    penalty of $500 per month of noncompliance until compliance is achieved. Under the second
    proposed stipulation, Followell Construction Company, Inc. neither admits nor denies 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
     
    2
    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.
     
    As to the remaining respondent, Lamac Engineering Company, the Board accepts the
    complaint for hearing.
    See
    35 Ill. Adm. Code 103.212(c). A respondent’s failure to file an
    answer to a complaint within 60 days after receiving the complaint may have severe
    consequences. Generally, if Lamac Engineering Company fails within that timeframe to file an
    answer specifically denying, or asserting insufficient knowledge to form a belief of, a material
    allegation in the complaint, the Board will consider Lamac Engineering Company to have
    admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
    proceed expeditiously to hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top