ILLINOIS POLLUTION CONTROL BOARD
October 6, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RON FREEMAN, individually and d/b/a
HARBOR LITES-PISTAKEE FISHING
CLUB,
Respondent.
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PCB 05-221
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On June 29, 2005, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Ron Freeman.
See
415 ILCS 5/31(c)(1) (2004); 35
Ill. Adm. Code 103.204. The complaint concerns Ron Freeman’s potable water supply that
served 100 residents and guests of the Harbor Lites-Pistakee Fishing Club at 33418 Lake Shore
Drive, Grayslake, Lake County. The parties now seek to settle. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Ron Freeman violated Section 19 of the Act (415
ILCS 5/19 (2004)) and 35 Ill. Adm. Code 611.356(d)(1). The People further allege that Ron
Freeman violated these provisions by failing to submit monitoring results for lead and copper.
On July 29, 2005, the People and Ron Freeman 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)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief from hearing. The Board published newspaper notice
in the
Fox Lake Press
on September 2, 2005. The Board did not receive any requests for
hearing. The Board grants the parties’ request for relief from the hearing requirement.
See
415
ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Ron Freeman’s operations. Section 103.302 also requires that the parties stipulate to facts called
2
for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the reasonableness of
the circumstances surrounding the alleged violations.
Ron Freeman admits the alleged violation. The stipulation also addresses the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount. Ron Freeman agrees to pay a civil penalty of $3,000, which the parties stipulate
is negates the economic benefit Ron Freeman’s accrued from delayed compliance.
The People and Ron Freeman have satisfied Section 103.302. The Board accepts the
stipulation and proposed settlement. This docket is now closed.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Ron Freeman must pay a civil penalty of $3,000 no later than November 7, 2005,
which is the first business day after the 30th day after the date of this order. Ron
Freeman must pay the civil penalty by certified check, money order, or electronic
funds transfer, payable to the Environmental Protection Trust Fund. The case
number, case name, and Ron Freeman’s social security number or must be
included on the certified check or money order.
3.
Ron Freeman must send the certified check, money order, or electronic funds
transfer to the following person at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Ron Freeman must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to the following person at the
indicated address:
Michael L. Cohen, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Ron Freeman must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on October 6, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
