ILLINOIS POLLUTION CONTROL BOARD
    July 6, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FIRST ROCKFORD GROUP, INC., and
    SCHLICHTING AND SONS EXCAVATING,
    INC.,
    Respondents.
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    PCB 05-215
    (Enforcement - Land)
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FIRST ROCKFORD GROUP, INC., an Illinois
    Corporation,
    Respondent.
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    PCB 06-103
    (Enforcement - Land)
    (Consolidated)
    ORDER OF THE BOARD (by T.E. Johnson):
    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. (First
    Rockford), Heritage Engineering, Ltd., and Schlichting & Sons Excavating, Inc. (Schlichting)
    (collectively, respondents), and a two-count complaint against Village Of Cherry Valley (Cherry
    Valley). The Board accepted the complaint on July 7, 2005, and docketed the matter as PCB 05-
    215.
    1
    In the complaint of PCB 05-215, the People allege that Schlichting and the other
    respondents 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
    1
    The Board has accepted stipulation and settlement agreements filed by the People with Heritage
    Engineering, Ltd. and Cherry Valley by orders dated November 3, 2005 and February 2, 2006.
    See
    People v. First Rockford Group, Inc., Village of Cherry Valley, Heritage Engineering, Ltd.,
    and Schlichting & Sons Excavating, Inc., PCB 05-215 (Nov. 3, 2005) and People v. First
    Rockford Group, Inc., Village of Cherry Valley, and Schlichting & Sons Excavating, Inc., PCB
    05-215 (Feb. 2, 2006). The caption in PCB 05-215 has been changed to reflect those orders.
    2
    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 violated these provisions by constructing and installing potable
    water lines at the Golf Hill subdivision in Cherry Valley, Winnebago County.
    On December 15, 2005, the People filed a complaint against First Rockford. The
    complaint concerns residential subdivisions developed by a corporation owned by First Rockford
    named Spring Creek Meadows L.L.C. (Spring Creek). Spring Creek was created in part to
    develop the residential subdivisions of Winchester Hills, Wexford Place, and Wyndridge in
    Machesney Park, Winnebago County, that are the subject matter of this complaint. The Board
    docketed the complaint as PCB 06-103, and accepted the complaint for hearing on January 5,
    2006. The Board consolidated PCB 05-215 with PCB 06-103 on February 2, 2006.
    On June 19, 2006, the People and Schlichting 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). The stipulation and proposed settlement
    applies only to the People and Schlichting. Under the proposed stipulation, Schlichting neither
    admits nor denies the violations alleged in the complaint, but agrees to pay a civil penalty of
    $10,000.
    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) (2000); 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 July 6, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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