ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HOME DEPOT U.S.A., INC., a Delaware
    corporation,
    Respondent.
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    PCB 05-168
    (Enforcement - Public Water Supply)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 15, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Home Depot U.S.A., Inc. (Home Depot).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Home Depot’s
    construction of a water main during construction of retail store number 1989 at 143rd and Bell
    Road, Homer Township, Will County.
    1
    The People allege that Home Depot violated Section 15(a) of the Environmental
    Protection Act (Act) (415 ILCS 5/15(a) (2004)) and 35 Ill. Adm. Code 602.101(a). The People
    further allege that Home Depot violated these provisions by failing to obtain a construction
    permit prior to construction of a water main.
    On March 14, 2006, the People and Home Depot 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the Home Depot neither admits nor denies the alleged violations but agrees to pay a
    civil penalty of $15,000.
    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. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    1
    This same installation is or was the subject of other pending or settled enforcement actions:
    People v. STS Consultants, Ltd.
    , PCB 05-48 (settlement accepted by an order dated April 6,
    2006); People v. Illinois-American Water Company, PCB 06-15 (settlement accepted by an order
    dated March 16, 2006); and People v. Weis Builders, Inc.
    , PCB 06-44 (settlement accepted by an
    order dated January 5, 2006).
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 6, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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