ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WEIS BUILDERS, INC.,
     
    Respondent.
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    PCB
    06-44
     
    (Enforcement - Public Water Supply)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 20, 2005, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Weis Builders, Inc. (Weis Builders).
    See
     
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Weis Builders
    violated Section 18(a)(3) of the Environmental Protection Act (Act) (415 ILCS 5/18(a)(3)
    (2004)) and 35 Ill. Adm. Code 602.101(a). The People further allege that Weis Builders violated
    these provisions by construction of a public water supply without a construction permit. The
    complaint concerns Weis Builders’ Summer 2003 installation of a water main to serve a new
    Home Depot store at 143rd Street and Bell Road, Homer Township, Will County.
    1
     
    On November 7, 2005, the People and Weis Builders 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, Weis Builders neither admits nor denies the alleged violation but agrees to pay a civil
    penalty of $10,000.
     
    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) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
     
     
     
     
     
    1
    The same installation is the subject of two other pending enforcement actions: People v. Home
    Depot, PCB 05-168, and People v. STS Consultants, PCB 6-48.
     
      
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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