ILLINOIS POLLUTION CONTROL BOARD
March 20, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
WESTFIELD HOMES OF ILLINOIS,
an Illinois corporation,
Respondent.
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PCB 03-147
(Enforcement - Water)
ORDER OF THE BOARD (by T.E. Johnson):
On March 13, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Westfield Homes of Illinois (Westfield
Homes).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
Westfield Homes violated Section 12(a), (d), and (f) of the Environmental Protection Act (415
ILCS 5.12(a), (d), (f) (2002)). The People further allege that Westfield Homes violated these
provisions by allowing dirt-laden stockpiles to remain on a site without erosion controls, causing
or allowing silt-laden storm water to flow into a wetland, failing to implement storm water
pollution controls as required under the general National Pollution Discharge Elimination
System permit for construction activities, and failing to submit various required Incidence or
Noncompliance Reports to the Illinois Environmental Protection Agency. The complaint
concerns Westfield Homes’ residential community development activity in Antioch, Lake
County.
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 Westfield Homes 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 Westfield Homes 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 20, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board