ILLINOIS POLLUTION CONTROL BOARD
    July 10, 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 D.C. Karpiel):
     
    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 three respondents: the Village of Sims (Village);
    Followell Construction Company, Inc. (Followell Construction); and Lamac Engineering
    Company (Lamac Engineering). The People allege that respondents violated the Environmental
    Protection Act (Act) (415 ILCS 5/15, 18(a)(1), (2), (3) (2002)) and the Board’s public water
    supply regulations (35 Ill. Adm. Code 601.101(b), 602.101(b), 607.104(b)) by causing or
    allowing a new water main to be installed too close to a sewer system.
     
    The Village, which is located in Wayne County, owns and operates a public water supply
    serving approximately 421 consumers through 161 direct connections. The Village retained
    Lamac Engineering to design, and Followell Construction to build, the new water main that is
    the subject of the complaint. On June 12, 2003, the People made two filings: (1) a stipulation
    and proposed settlement with the Village, accompanied by a motion for relief from the hearing
    requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)); and (2) a stipulation
    and proposed settlement with Followell Construction, also accompanied by a motion for relief
    from the Act’s hearing requirement. The Village does not admit the alleged violations and
    agrees to pay a $500 civil penalty, while Followell Construction does not admit the alleged
    violations and agrees to pay a $5,000 civil penalty. On June 19, 2003, the Board directed that the
    Clerk cause the required notice of these filings. The Clerk has arranged for newspaper notice
    publication.
     
    On June 26, 2003, the People filed a stipulation and proposed settlement with Lamac
    Engineering, accompanied by a request for relief from the Act’s hearing requirement. 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). This stipulation, like the two before it, states that the water main project has
    been reconstructed to comply with the Act and Board regulations. Under the proposed
     
    2
    settlement, Lamac Engineering does not admit 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 this
    most recent 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 request for relief and
    hold a hearing.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board
    directs the Clerk to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top