ILLINOIS POLLUTION CONTROL BOARD
    August 21, 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)
    ORDER OF THE BOARD (by G.T. Girard):
    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 stipulation, the People and Red Seal now seek to settle
    without a hearing. Lenzini is not a party to the stipulation. For the reasons below, the Board
    directs the Clerk to provide 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), (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 respondents
    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 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.
    2
    On August 7, 2008, the People filed a stipulation and proposed settlement with Red Seal,
    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 between the People
    and Red Seal, Red Seal neither admits nor denies the alleged violations but agrees to pay a civil
    penalty of $15,500.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for hearing 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 request for relief and
    hold a hearing.
    See
    415 ILCS 5/31(c)(2); 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 August 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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