ILLINOIS POLLUTION CONTROL BOARD
    November 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FIRST ROCKFORD GROUP, INC.,
    VILLAGE OF CHERRY VALLEY,
    HERITAGE ENGINEERING, LTD., and
    SCHLICHTING & SONS EXCAVATING,
    INC.,
     
    Respondents.
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    PCB 05-215
    (Enforcement - Public Water Supply)
     
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On June 15, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against First Rockford Group, Inc., Heritage
    Engineering, Ltd., and Schlichting & Sons Excavating, Inc. (collectively, respondents), and a
    two-count complaint against Village Of Cherry Valley (Cherry Valley).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that respondents and Cherry
    Valley violated Section 15 of the Environmental Protection Act (Act) (415 ILCS 5/15 (2004)),
    and provisions of the Board’s rules at 35 Ill. Adm. Code 602.101(a). In the second count of the
    complaint, the People allege that Cherry Valley violated Section 15 of the Act (415 ILCS 5/15
    (2004)) and the Board’s rules at 35 Ill. Adm. Code 602.101(a) and 652.101(a). The People
    allege that respondents and Cherry Valley violated these provisions by constructing and
    installing potable water lines at the Golf Hill subdivision in Cherry Valley, Winnebago County.
     
    On September 26, 2005, the People and one of the respondents, Heritage Engineering,
    Ltd. (individually, Heritage), 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
    of the Act (415 ILCS 5/31(c)(2)
    (2004)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation,
    proposed settlement, and request for relief. The
    newspaper notice was published in several in the
    Rockford Register Star
    . The notice was published on Oc
    tober 1, 2005. The Board did not
    receive any requests for hearing. The Board gran
    ts the parties’ request for relief from the
    hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2004);
    35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural ru
    les sets forth the required contents of
    stipulations and proposed settlements. 35 Ill.
    Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and cause
    s of the alleged violations and the nature of
    respondents’ operations. Section
    103.302 also requires that the part
    ies stipulate to facts called
    for by Section 33(c) of the Act (415 ILCS 5/33(
    c) (2004)). The People and Heritage have
     
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    satisfied Section 103.302. Heritage admits the alleged violations and agrees to pay a civil
    penalty of $2,500. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Heritage Engineering, Ltd. must pay a civil penalty of $2,500, no later than
    December 5, 2005. Heritage Engineering, Ltd. must pay the civil penalty by
    certified check money order, or electronic transfer, payable to Illinois EPA
    designated for the Illinois Environmental Protection Trust Fund. The case
    number, case name, and respondents’ social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Heritage Engineering, Ltd. must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. A copy of each certified check, money order, or electronic funds transfer and any
    transmittal letter shall be sent to:
     
    Ms. Bridget M. Carlson
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
     
    5. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    6. Heritage Engineering, Ltd. must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2004);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
     
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    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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