ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CASTLE RIDGE ESTATES
INCORPORATED, an Illinois corporation,
Respondent.
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PCB 05-191
(Enforcement - Water)
ORDER OF THE BOARD (by N.J. Melas):
On April 28, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Castle Ridge Estates Incorporated (Castle
Ridge).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that
Castle Ridge violated Section 12(a), (c), and (f) of the Environmental Protection Act (Act) (415
ILCS 5/12(a), (c), and (f) (2004)) and 35 Ill. Adm. Code 309.202(a). The People further allege
that Castle Ridge violated these provisions by: (1) undergoing construction at the site without
first obtaining coverage under a National Pollutant Discharge Elimination System general
stormwater discharge permit; (2) threatening or allowing the discharge of silt and other
contaminants into waters of the State so as to cause or tend to cause water pollution; and (3)
building a sewer collection system without a construction permit. The People ask the Board to
order Castle Ridge to cease and desist from further violation and pay a civil penalty in
accordance with the Act. The complaint concerns Castle Ridge’s 140-acre residential
development located two and a half miles south of Troy, in Madison County.
On March 7, 2007, the People and Castle Ridge 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 Castle Ridge neither admits nor denies the alleged violations but agrees to pay a
civil penalty of $5,000.
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.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board