ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CENTERPOINT PROPERTIES TRUST, a
    real estate investment trust, and FCL
    INVESTORS, INC., an Illinois corporation
    formerly known as FCL BUILDERS, INC.,
    Respondents.
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    PCB 09-2
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 3, 2008, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed an eight-count complaint against CenterPoint Properties Trust, a real
    estate investment trust, and FCL Investors, Inc., an Illinois corporation formerly known as FCL
    Builders, Inc. (respondents). The complaint concerns respondents’ construction activities at a
    134-acre parcel of land known as the “Center Point Business Center,” located on the northwest
    corner of the intersection of Interstate 94 and Washington Street in the Village of Gurnee, Lake
    County. The People and respondents 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 respondents violated Sections 12(a), (d), and (f) of
    the Act (415 ILCS 5/12(a), (d), (f) (2006)), Sections 302.203 and 309.102(a) of the Board’s
    water pollution regulations (35 Ill. Adm. Code 302.203, 309.102(a)), and numerous conditions of
    the National Pollutant Discharge Elimination System (NPDES) general stormwater permit. The
    People allege that respondents violated these provisions by (1) causing or tending to cause water
    pollution by failing to install adequate erosion and stormwater runoff control measures, causing
    or allowing the discharge of excessive soil- and sediment-laden stormwater runoff into waters of
    the State, including wetlands and an unnamed tributary of the Des Plaines River; (2) causing or
    allowing the discharge of soil- and sediment-laden stormwater, causing unnatural turbidity and
    color in waters of the State; (3) creating a water pollution hazard by depositing soil upon land
    without implementing adequate erosion and runoff control measures; (4) failing to sign the
    “storm water pollution prevention plan” (SWPPP); (5) failing to commence stabilization
    measures as soon as practicable after the temporary or permanent cessation of construction
    activities; (6) failing to submit “Incidence of Noncompliance” reports after observing violations
    of the SWPPP; (7) failing to include contractor or subcontractor certification in the SWPPP; and
    2
    (8) discharging stormwater that caused or contributed to a violation of an applicable water
    quality standard.
    On November 14, 2008, the People and respondents 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, respondents
    neither admit nor deny the alleged violations but agree to pay a civil penalty of $20,000.
    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.
    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 November 20, 2008, by a vote of 5-0.
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    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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