ILLINOIS POLLUTION CONTROL BOARD
September 30, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RED SEAL DEVELOPMENT
CORPORATION, an Illinois corporation, and
LENZINI EXCAVATING COMPANY, an
Illinois corporation,
Respondents.
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PCB 09-8
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On July 28, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a five-count complaint against Red Seal Development Corporation
(Red Seal) and Lenzini Excavating Company (Lenzini) (collectively respondents). The
complaint concerns respondents’ construction activities on an approximately 14.24-acre parcel of
land known as “Deer Park Estates,” located at the intersection of Long Grove Road and Quentin
Road in Deer Park, Lake County. In a separate stipulation, the People and Red Seal now seek to
settle without a hearing. Lenzini is not a party to this stipulation.
1
For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
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 Red Seal violated Sections 12(a), (b), (d), and (f)
of the Act (415 ILCS 5/12(a), (b), (d), (f) (2006)), Sections 302.203, 309.102(a), and 309.202(a)
of the Board’s water pollution regulations (35 Ill. Adm. Code 302.203, 309.102(a), 309.202(a)),
and specified terms and conditions of the general National Pollutant Discharge Elimination
System (NPDES) stormwater permit. The People further allege that Red Seal violated these
provisions by (1) causing, threatening, or allowing the discharge of contaminants so as to cause
or tend to cause water pollution in surrounding wetlands and an unnamed tributary of Buffalo
Creek; (2) causing, threatening, or allowing the discharge of contaminants that caused unnatural
color and turbidity in surrounding wetlands and an unnamed tributary of Buffalo Creek; (3)
creating a water pollution hazard by depositing contaminants in such place and manner that they
were likely to be carried by stormwater runoff into surrounding wetlands and an unnamed
1
In a separate order issued today in this docket, the Board directs the Clerk to cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement filed by the
People and Lenzini on September 18, 2008.
See
People v. Lenzini Excavating Co.
, PCB 09-8
(Sept. 30, 2008).
2
tributary of Buffalo Creek; (4) failing to implement the storm water pollution prevention plan
(SWPPP) in violation of the NPDES permit; and (5) constructing a sanitary sewer without
obtaining a permit from the Illinois Environmental Protection Agency.
On August 7, 2008, the People and Red Seal 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published on August 28,
2008, in the Pioneer Press Northwest Zone, including the
Lake Zurich Courier
. 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) (2006); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
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) (2006)), 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) (2006)), which may mitigate
or aggravate the civil penalty amount. Red Seal neither admits nor denies the alleged violations,
but agrees to pay a civil penalty of $15,500. The People and Red Seal have satisfied Section
103.302. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law with respect
to Red Seal.
2
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Red Seal must pay a civil penalty of $15,500 no later than October 30, 2008,
which is 30th day after the date of this order. Red Seal must pay the civil penalty
by certified check or money order payable to the Illinois Environmental
Protection Agency, designated to the Illinois Environmental Protection Trust
Fund. The case name, case number and Red Seal’s federal tax identification
number must appear on the face of the certified check or money order.
3.
Red Seal must submit payment of the civil penalty to:
2
The case against Lenzini continues.
See
n.1 above. However, as the Board today accepts the
stipulation and proposed settlement involving the People and Red Seal, the caption of subsequent
orders issued in this docket will not include Red Seal.
3
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Red Seal must send a copy of the certified check or money order and any
transmittal letter to:
Richard A. Perry
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Red Seal must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject of the complaint.
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) (2006);
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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on September 30, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
