ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ILLINOIS-AMERICAN WATER
    COMPANY,
     
    Respondent.
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    PCB 06-15
    (Enforcement - Public Water Supply)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 1, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a one-count complaint against Illinois-American Water Company.
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Illinois-
    American Water Company’s public water supply facility that serves a new Home Depot store at
    143rd Street and Bell Road, Homer Township, Will County.
     
    The People allege that Illinois-American Water Company violated Section 18(a)(3) of the
    Environmental Protection Act (Act) (415 ILCS 5/18(a)(3) (2004)). The People further allege
    that Illinois-American Water Company violated this provision by failing to obtain an operating
    permit before operating water mains.
    1
     
     
    On January 26, 2006, the People and Illinois-American Water Company 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, the Illinois-American Water Company neither
    admits nor denies the alleged violations but agrees to pay a civil penalty of $7,500. Illinois-
    American Water Company further agrees to pay a cash contribution in the amount of $5,000 to
    the Village of Homer Glen, for use in constructing an off-road multi-use trail system and
    trailhead, as a supplemental environmental project. Illinois-American Water Company further
    agrees to perform an environmental compliance audit valued at $5,000 at one of its facilities in
    the Chicago Metropolitan area and submit the results to the People, as another supplemental
    environmental project.
    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
    1
    This same installation is the subject of other pending or settled enforcement actions: People v.
    Home Depot, PCB 05-168 (pending); People v. Weis Builders, Inc., PCB 06-44 (Jan.5, 2006);
    and People v. STS Consultants, PCB 6-48 (pending).
     
    2
    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.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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