ILLINOIS POLLUTION CONTROL BOARD
    January 5, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FIRST ROCKFORD GROUP, INC.,
    VILLAGE OF CHERRY VALLEY, and
    SCHLICHTING & SONS EXCAVATING,
    INC.,
    Respondent.
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    PCB 05-215
    (Enforcement - Public Water Supply)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 15, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against First Rockford Group, Inc., Heritage
    Engineering, Ltd.,
    1
    and Schlichting & Sons Excavating, Inc. (collectively, respondents), and a
    two-count complaint against Village Of Cherry Valley (Cherry Valley).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that respondents and Cherry
    Valley violated Section 15 of the Environmental Protection Act (Act) (415 ILCS 5/15 (2004)),
    and provisions of the Board’s rules at 35 Ill. Adm. Code 602.101(a). In the second count of the
    complaint, the People allege that Cherry Valley violated Section 15 of the Act (415 ILCS 5/15
    (2004)) and the Board’s rules at 35 Ill. Adm. Code 602.101(a) and 652.101(a). The People
    allege that respondents and Cherry Valley violated these provisions by constructing and
    installing potable water lines at the Golf Hill subdivision in Cherry Valley, Winnebago County.
    On December 23, 2005, the People and Cherry Valley 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, Cherry Valley admits the alleged violations and agrees to pay a civil penalty of
    $14,500.
    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
    1
    On September 26, 2005, the People and one of the respondents, Heritage Engineering, Ltd.
    (individually, Heritage), filed a stipulation and proposed settlement, accompanied by a request
    for relief from the hearing requirement. The Board accepted that stipulation and settlement
    agreement by an order dated November 3, 2005.
    People v. First Rockford Group, Inc., Village
    of Cherry Valley, Heritage Engineering, Ltd., and Schlichting & Sons Excavating, Inc., PCB 05-
    215 (Nov. 3, 2005). The caption in this matter has been changed to reflect that acceptance.
    2
    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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 5, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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