ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SOUTHWIND CONSTRUCTION CORP.,
    an Indiana corporation,
    Respondent.
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    PCB 07-32
    (Enforcement - Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 1, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Lake Arlann Drainage District
    (District), Cochran & Wilken, Inc. (CWI), and Southwind Construction Corp. (Southwind)
    (collectively respondents). The complaint concerns alleged violations resulting from a dredging
    operation to remove approximately 330,000 cubic yards of accumulated sedimentation and
    siltation from Lake Arlann, Pekin, Tazewell County. In a separate stipulation, Southwind now
    seeks to settle with the People without a hearing. Neither the District nor CWI is a party to this
    stipulation.
    1
    For the reasons below, the Board directs the Clerk to provide public notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that respondents violated Sections 12(a), (f), and 21(a)
    of the Act (415 ILCS 5/12(a), (f), 21(a) (2006)) and Sections 302.203, 304.124(a), 305.102(b),
    309.102(a), and 309.146(a) of the Boards water pollution regulations (35 Ill. Adm. Code
    302.203, 304.124(a), 305.102(b), 309.102(a), 309.146(a)). The People further allege that
    respondents violated these provisions by (1) causing, allowing, or threatening the discharge of
    suspended solids, silt, sediment, and other contaminants to waters of the State so as to cause or
    tend to cause water pollution; (2) causing or allowing discharges of total suspended solids in
    excess of permitted and generally applicable effluent limits; (3) failing to monitor effluent and
    1
    The caption of this order does not include the District or CWI. In a separate order issued today
    in this docket, the Board granted motions for hearing relief and accepted the stipulations and
    proposed settlements involving the District and CWI.
    See
    People v. Lake Arlann Drainage
    District, Cochran & Wilken, Inc., and Southwind Construction Corp., PCB 07-32 (July 10,
    2008). On May 16, 2008, the People filed the two stipulations and proposed settlements, one
    with the District and one with CWI, each accompanied by a request for relief from the hearing
    requirement. Southwind is not a party to either of those stipulations.
    2
    timely submit effluent sampling reports as required by the Districts’ National Pollutant
    Discharge Elimination System (NPDES) permit; and (4) failing to maintain a storm water
    pollution prevention plan, implement the required storm water erosion controls and interim
    stabilization controls, and conduct the necessary inspections of storm water controls.
    On June 25, 2008, the People and Southwind 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2006)), 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). Under the proposed stipulation, Southwind does not
    affirmatively admit the alleged violations but agrees to pay the sum of $2,500.
    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.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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