ILLINOIS POLLUTION CONTROL BOARD
    December 1, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BARRY HAYDEN d/b/a HAYDEN
    PROPERTIES,
     
    Respondent.
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    PCB
    05-214
     
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 14, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Barry Hayden.
    See
    415 ILCS 5/31(c)(1) (2004); 35
    Ill. Adm. Code 103.204. The People allege that Barry Hayden violated Section 12(a) and (f) of
    the Environmental Protection Act (Act) (415 ILCS 5/12(a) and (f) (2004)). The People further
    allege that Barry Hayden violated these provisions by (1) causing, threatening, or allowing water
    pollution; and (2) discharging pollutants into the waters of the State without a National Pollutant
    Discharge Elimination System permit. The complaint concerns Barry Hayden’s Cedar Creek
    residential subdivision development at State route 158 and Biehl Road, St. Clair County.
     
    On November 21, 2005, the People and Barry Hayden 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, Barry Hayden admits the alleged violations and agrees to pay a civil penalty of
    $3,500. The proposed stipulation also contains a detailed compliance program and for stipulated
    additional penalties if the various stated compliance dates are missed.
     
    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.
     
     
    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 December 1, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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