RECEIVED

CLERK’S

JI-IN

812002

STATE OFIWNOIS

Pollutjo,, Control Board

Jim Ryan

ATTORNEY GENERAL

January 29, 2002

The Honorable Dorothy Gunn

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph

Chicago, Illinois 60601

Re:

PCB No. 02-73

Dear Clerk Gunn:

Enclosed for filing please find the original and ten copies of page 3 of the STIPULATION

AND PROPOSAL FOR SETTLEMENT filed in regard to the above-captioned matter. This page

should be substituted in the Stipulation filed on January 8, 2002. It reflects a change made in

paragraph 4 to reflect settlement of Sections 309.102(a) and 304.141(b) of the Board’s Water

Pollution Regulations. Please file the original with the Stipulation.

Thank you for your cooperation and consideration.

Very truly yours,

Elizabeth Ann Pitrolo

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

(217) 782-9031

EAP/pp

Enclosures

cc:

Steven Langhoff

500 South Second Street, Springfield, Illinois 62706 (217) 782-1090

• ITY:

(217) 785-2771

FAX: (217) 782-7046

100 West Randolph Street, Chicago, Illinois 60601 (312) 814-3000

.

TTY: (312) 814-3374

FAX: (312) 814-3806

~

1001 East Main, Carbondale, Illinois 62901 (618) 529-6400

•

TTY: (618) 529-6403

•

FAX: (618) 529-6416

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

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3.

Complainant alleges Respondent constructed a sewer extension without the

required construction permit, thereby violating Section 12(a), (b) and (c) of the Act 415 ILCS

5/12(a)(b)(c)(2000) and Section 309.202(a) of Board’s Water Pollution Regulations, 35 III. Adm.

Code 309.202(a)(1 999).

4.

Complainant alleges Respondent engaged in construction activities at Wood

Ridge Subdivision which threatened or allowed offsite discharge of contaminants without an

NPDES permit, thereby violating Section 12 (f) of the Act, 415 ILCS 5/12 (f) (2000) and

Sections 309.102(a) and 304.141(b) of the Board’s Water Pollution Regulations, 35 III. Adm.

Code 309.102(a) and 304.141 (b)(1 999).

5.

Respondent has subsequently obtained the required permits from the Illinois

EPA, and is acting to resolve the circumstances which lead to the alleged violations.

V.

FUTURE PLANS OF COMPLIANCE

Respondent shall continue to diligently conform to the Act, 415 ILCS 5/1 et

seq.

(2000),

and the Board’s Water Pollution Regulations, 35 III. Adm. Code Subtitle C.

VI.

IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE

Section 33(c) of the Act, 415 ILCS 5/33(c) (2000), provides;

c.

In making its orders and determinations, the Board shall take into consideration

all the facts and circumstances bearing upon the reasonableness of the

emissions, discharges, or deposits involved including, but not limited to:

the character and degree of injury to, or interference with

the protection of the health, general welfare and physical

property of the people;

ii.

the social and economic value of the pollution source;

iii.

the suitability or unsuitability of the pollution source to the

area in which it is located, including the question of priority

of location in the area involved;

3.