ILLINOIS POLLUTION CONTROL BOARD
April 5, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITY OF AUBURN, an Illinois municipal
corporation, BENTON & ASSOCIATES
ENGINEERING, INC., a Delaware
corporation, and PETERSBURG PLUMBING
AND HEATING, a Delaware corporation,
Respondents.
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PCB 00-176
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On April 18, 2000, the People of the State of Illinois (complainant) filed a five-count
complaint against respondents the City of Auburn (Auburn), Benton & Associates Engineering,
Inc. (BAE), and Petersburg Plumbing and Heating (PPH). The complaint alleges respondents
caused water pollution, failed to protect public water supplies, failed to provide safe water, and
failed to adequately separate water and sewer mains. Complainant alleged that respondents
violated Sections 12(b) and 18 of the Environmental Protection Act (Act) (415 ILCS 5/12(b)
and 18 (1998)), the Board’s regulations at 35 Ill. Adm. Code 370.350
,
601.101, 607.104(b),
and an Illinois Environmental Protection Agency regulation at 35 Ill. Adm. Code 653.119.
On March 5, 2001, complainant and Auburn filed a stipulation and proposal for
settlement, accompanied by a motion requesting relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415
ILCS 5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
stipulation and proposal for settlement and request for relief from the hearing requirement.
The notice appeared in
The Auburn Citizen
on March 8, 2001. The Board did not receive any
requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Auburn neither
admits nor denies the violations alleged by the People, but agrees to pay a civil penalty of
$3,000. The stipulation and proposal for settlement does not include BAE or PPH.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. Auburn must continue to comply with any federal, State, or local regulations
including, but not limited to, the Act and the Board’s regulations.
2
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Auburn. The stipulation and settlement
agreement is incorporated by reference as though fully set forth herein.
2. Auburn must pay a civil penalty of $3,000. Payment must be made within 30
days of the date of this order, that is, on or before May 5, 2001. Such payment
must be made by certified check or money order payable to the Treasurer of the
State of Illinois, designated to the Environmental Protection Trust Fund. The
case number, case name, and Auburn’s Federal Employer Identification number
37-6002003 must also be included on the certified check or money order and
clearly indicate that payment is directed to the Environmental Protection Trust
Fund.
3. The check or money order must be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the payment transmittal and check shall be simultaneously submitted
to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
4. Any such penalty not paid within the time prescribed incurs interest at the rate
set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
due until the date payment is received. Interest does not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
5. Auburn must cease and desist future alleged violations of any federal, State, or
local statutes and regulations.
IT IS SO ORDERED.
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Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of April 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
