ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
KAPLAN DEVELOPMENT AND
INVESTMENT COMPANY,
Respondent.
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PCB 09-29
(Enforcement –Water)
ORDER OF THE BOARD (by S.D. Lin):
On October 28, 2008, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against Kaplan Development and
Investment Company (respondent). The complaint concerns a site known as the Summit Springs
lift station, located in Caseyville, St. Clair County. The parties now seek to settle without a
hearing. The Board directs the Clerk to provide public notice of the parties’ 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 respondent violated Sections 12(a) 12(b), and (f) of
the Act, 415 ILCS 5/12(a), 12(b), and (f) (2006), Sections 302.203, 304.106, 306.102(a), and
306.304 of the Board’s Water Pollution Regulations, (35 Ill. Adm. Code 302.203, 304.106,
306.102(a), and 306.304), as well as Special Condition 1 of Illinois Environmental Protection
Agency Water Pollution Control Permit No. 2003-IA-4132. According to the complaint,
respondent violated these provisions by (1) causing four separate wastewater overflows that
caused, threatened, or allowed the discharge of untreated sewage into the environment, (2)
discharging sewage into a nearby creek, (3) allowing untreated wastewater to be discharged into
a nearby creek, leaving deposits of unnatural origin in the creek, and (4) operating the lift station
without the necessary safeguards against power or equipment failure, in violation of the terms of
respondent’s water pollution control permit.
On January 7, 2009, the People and respondent 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, respondent
does not admit the alleged violations but agrees to pay a civil penalty of $ 5,000.
2
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 January 22, 2009, by a vote of 5-0.
__________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
