ILLINOIS POLLUTION CONTROL BOARD
    August 17, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MEIJER STORES LIMITED PARTNERSHIP,
    a Michigan partnership, and ROCKFORD
    CONSTRUCTION COMPANY, a Michigan
    corporation,
     
    Respondents.
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    PCB 07-2
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 5, 2006, the Office of the Attorney General, on her own motion and at the
    request of the People of the State of Illinois (People), filed a three-count complaint against
    Meijer Stores Limited Partnership and Rockford Construction Company (respondents).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Accompanying the complaint was a
    stipulation and proposal for settlement. The complaint concerns respondents’ construction in
    2004 and 2005 of a new Meijer retail store on 32.29 acres at 130 South Gary Avenue,
    Bloomingdale, DuPage County.
     
    The People allege that respondents violated Section 12(a), (d), and (f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), and (f) (2004)). The People further
    allege that respondents violated these provisions by (1) causing, threatening, or allowing water
    pollution by the discharge of storm water containing silt and eroded soil into the Bloomingdale
    sewer system; (2) failing to have and maintain adequate erosion and sediment control measures,
    so as to create a water pollution hazard; and (3) causing, threatening, or allowing the discharge of
    a contaminant into the environment in violation of conditions of its National Pollutant Discharge
    Elimination System stormwater discharge permit.
     
    On July 5, 2006, the People and respondents also 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)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
    proposed settlement, and request for relief from hearing. The Board published newspaper notice
    in
    The Bloomingdale/Glendale Heights Press
    on July 20, 2006; any timely hearing request was
    due to be filed August 10, 2006. The Board did not receive any requests for hearing. The Board
    grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS 5/31(c)(2)
    (2004); 35 Ill. Adm. Code 103.300(b).
     
      
     
    2
    Section 103.302 of the Board’s procedural rules 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 causes of the alleged violations and the nature of
    respondents operations. Section 103.302 also requires that the parties stipulate to facts called for
    by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the reasonableness of the
    circumstances surrounding the alleged violations. The stipulation also addresses the factors of
    Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
    penalty amount.
     
    Under the proposed stipulation, the respondents admit the alleged violations and
    collectively agree to pay a total civil penalty of $85,000. The People assert that the economic
    benefit of $15, 642 is included in this total, and is split between respondents in their penalty
    amounts, although respondents’ position is that they derived no economic benefit. Meijer Stores
    Limited Partnership must pay a civil penalty of $60,000 and Rockford Construction Company a
    civil penalty of $25,000. Respondents do not guarantee each other’s payment obligations.
     
    The People and respondents have satisfied Section 103.302. The Board accepts the
    stipulation and proposed settlement. This docket is now closed.
     
    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. Meijer Stores Limited Partnership, through its attorney of record, must pay a civil
    penalty of $60,000. Rockford Construction Company must pay a civil penalty of
    $25,000. Each payment must be made no later than September 16, 2006, which is
    the first business day after the 30th day after the date of this order. Each
    respondent must pay the civil penalty by certified check, money order, or
    electronic funds transfer, payable to the Illinois Environmental Protection
    Agency, designated to the Environmental Protection Trust Fund. The case
    number, case name, and each respondent’s federal employer identification
    number must be included on the certified check, money order, or electronic funds
    transfer statement.
     
    3. Each respondent, through its attorney of record, must send the certified check,
    money order, or electronic funds transfer at the indicated address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
     
    3
    4. Each respondent must send a copy of the certified check, money order, or record
    of electronic funds transfer and any transmittal letter to the following person at
    the indicated address:
     
    Jennifer A. Tomas
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St., 20
    th
    Floor
    Chicago, Illinois 60601
     
    James Allen Day
    Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    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. Each respondent 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.
    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 August 17, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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