ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    KURT CARLSON,
    Respondent.
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    PCB 07-1
    (Enforcement - Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 3, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Mr. Kurt Carlson.
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Mr. Carlson is the owner and developer of the
    residential subdivision known as Park Valley. The People allege that Mr. Carlson violated
    Section 12(a), 12(d), and 12(f), of the Environmental Protection Act (Act) (415 ILCS 5/12(a),
    (d), and (f) (2004)) by: causing or allowing water pollution, failing to comply with the
    applicable National Pollutant Discharge Elimination System (NPDES) stormwater permit, and
    creating a water pollution hazard. The People further allege that Mr. Carlson failed to implement
    adequate erosion controls, failed to implement stormwater pollution prevention plans for the
    Park Valley site, and failed to submit required noncompliance reports from September 23, 2004,
    to at least February 2005. Park Valley is located along McFarland Road in the City of Loves
    Park, Winnebago County.
    On November 20, 2006, the People and Mr. Carlson 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, Mr. Carlson neither admits nor denies the alleged violations and agrees to pay a civil
    penalty of $22,000.
    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 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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