ILLINOIS POLLUTION CONTROL BOARD
April 16, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SUMMER RIDGE, LLC, an Illinois limited
liability company, and STARK
EXCAVATING, INC., an Illinois corporation,
Respondents.
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PCB 09-73
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On April 3, 2009, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a two-count complaint (complaint)
1
On April 3, 2009, the People and respondents also filed two separate stipulations and
proposals for settlement, each 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)). These filings are 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
against Summer Ridge, LLC
(Summer Ridge), and Stark Excavating, Inc. (Stark Excavating) (collectively, respondents),
concerning Summer Ridge’s residential housing area known as Summer Ridge Subdivision,
located at Alta Road and Radnor Road, Peoria, Peoria County. The parties seek to settle without
a hearing. For the reasons below, the Board accepts the complaint as meeting the applicable
requirements of the Board’s procedural rules.
See
35 Ill. Adm. Code 103.204. The Board
further directs the Clerk to provide public notice of the parties’ stipulation and proposal for
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 on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that respondents violated Sections 12(a) and 12(d), of the Act,
(415 ILCS 5/12(a) and (d), (2006)), and that Summer Ridge also violated Section 12(f) of the
Act (415 ILCS 5/12(f) (2006)) and Section 309.102(a) of the Board’s Water Pollution
Regulations (35 Ill. Adm. Code 309.102(a)). The People further allege that respondents violated
the provisions of the Act and Board’s regulations by failing to provide adequate storm water
pollution controls, thereby depositing contaminants upon the land in such a place and manner so
as to create a water pollution hazard and violating Summer Ridge’s National Pollution Discharge
Elimination System permit.
1
The complaint alleges both counts against respondent Summer Ridge, but only the first count
against respondent Stark Excavating.
2
enforcement action without a public hearing.
See
35 Ill. Adm. Code 103.300(a). Under the
proposed stipulations, both respondents admit to the alleged violations. Respondent, Summer
Ridge agrees to pay a civil penalty in the amount of $10,000.00 , and respondent Stark
Excavating agrees to pay a civil penalty in the amount of $5,000.00.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation and proposal for 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 opinion and order on April 16, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
