ILLINOIS POLLUTION CONTROL BOARD
    September 30, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WASHINGTON TRAILS EDGE, LLC,
    Respondent.
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    PCB 07-104
    (Enforcement – Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On April 19, 2007, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against Washington Trails Edge, LLC
    (Washington Trails). The complaint concerns Washington Trails’ multi-section subdivision
    under construction called “Trails Edge Subdivision,” located west of Dallas Road in Washington,
    Tazewell County. Washington Trails and the People now seek to settle without a hearing. 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 Washington Trails violated Sections 12(a), (d), and
    (f) of the Act (415 ILCS 12(a), (d), (f) (2006)): (1) by causing, threatening, or allowing the
    discharge of a contaminant into waters of the State in violation of its National Pollutant
    Discharge Elimination System (NPDES) permit; (2) by causing, allowing, or threatening to cause
    water pollution, and by violating the water quality standard of Section 302.203 of the Board’s
    water pollution regulations (35 Ill. Adm. Code 302.203); and (3) by depositing a contaminant
    upon the land in such place and manner so as to create a water pollution hazard.
    On September 18, 2008, the People and Washington Trails 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,
    Washington Trials does not affirmatively admit the alleged violations but agrees to pay a civil
    penalty in the amount of $21,000.
    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
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    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 September 30, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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