ILLINOIS POLLUTION CONTROL BOARD
November 5, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LENZINI EXCAVATING COMPANY, an
Illinois corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
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).
1
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 Lenzini now seek to
settle without a hearing. Red Seal is not a party to this stipulation.
2
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 Lenzini violated Sections 12(a) and (d) of the Act
(415 ILCS 5/12(a), (d) (2006)) and Section 302.203 of the Board’s water pollution regulations
(35 Ill. Adm. Code 302.203). The People further allege that Lenzini 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; and (3) creating a
water pollution hazard by depositing contaminants in such place and manner that they were
1
Counts I through III of the complaint were alleged against both respondents while counts IV
and V were alleged against only Red Seal.
2
The caption of this order does not include Red Seal. In a separate order issued on September
30, 2008, the Board granted a motion for hearing relief and accepted the stipulation and proposed
settlement involving Red Seal.
See
People v. Red Seal Development Corp. and Lenzini
Excavating Co., PCB 09-8 (Sept. 30, 2008). On August 7, 2008, the People and Red Seal filed a
stipulation, proposed settlement, and request for relief from the hearing requirement. Lenzini
was not a party to that stipulation.
2
likely to be carried by stormwater runoff into surrounding wetlands and an unnamed tributary of
Buffalo Creek.
On September 18, 2008, the People and Lenzini 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 in the
Lake
Zurich Courier/Poineer Press Northwest Zone
on October 2, 2008. 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 a respondent’s 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. Lenzini neither admits nor denies the alleged violations,
but agrees to pay a civil penalty of $10,000. The People and Lenzini 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.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Lenzini must pay a civil penalty of $10,000 no later than December 5, 2008,
which is the 30th day after the date of this order. Lenzini 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 Lenzini’s federal tax identification
number must appear on the face of the certified check or money order.
3.
Lenzini must submit payment of the civil penalty to:
3
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Lenzini 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.
Lenzini must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject matter 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 November 5, 2008, by a vote of 4-0.
John Therriault, Assistant Clerk
Illinois Pollution Control Board
