ILLINOIS POLLUTION CONTROL BOARD
October 4, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BELVIDERE NATIONAL BANK AND
TRUST COMPANY, TRUST NUMBER 1600
and CORDRAY BROTHERS, INC.,
Respondents.
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PCB 06-157
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On April 12, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a four-count complaint against Belvidere National Bank and Trust
Company, Trust Number 1600 (Trust) and Cordray Brothers, Inc. (Cordray Brothers)
(collectively, respondents). The complaint concerns two parcels. The first parcel is the Cordray
Brothers’ sand and gravel quarry located on approximately 45 acres of land east of the City of
Belvidere in Bonus Township, Boone County (North Parcel). The second parcel is the Trust’s
approximately 25 acres of vacant land located on the north side of Route 20 in Bonus Township,
Boone County, east of the City of Belvidere, east of Coon Creek, and immediately across the
Kishwaukee River from the North Parcel (South Parcel). The parties now seek to settle without
a hearing. For the reasons below, the Board accepts the parties’ stipulation and proposed
settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.
In this case, the first count of the complaint alleges that respondents violated Section 12(a) of the
Act (415 ILCS 5/12(a) (2006)) by threatening or allowing the discharge of silt-laden storm water
from the South Parcel into the Kishwaukee River and Coon Creek so as to tend to cause water
pollution. Count II of the complaint alleges that respondents violated Section 12(d) of the Act
(415 ILCS 5/12(d) (2006)) by allowing large dirt stockpiles to accumulate on the South Parcel
adjacent to the Kishwaukee River and Coon Creek, creating a water pollution hazard. In count
III of the complaint, the People allege that respondents violated Section 12(f) of the Act (415
ILCS 5/12(f) (2006)) and Section 309.102(a) of the Board’s regulations (35 Ill. Adm. Code
309.102(a)) by threatening to allow or allowing storm water discharges from the South Parcel
without first obtaining coverage under the general National Pollutant Discharge Elimination
System (NPDES) storm water permit. Count IV of the complaint alleges that Cordray Brothers
violated 35 Ill. Adm. Code 404.101(a)(2) and Section 12(a) of the Act (415 ILCS 5/12(a) (2006))
by operating a quarry on the North Parcel without first obtaining a permit from the Illinois
Environmental Protection Agency.
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The stipulation also includes alleged violations that were not in the complaint. These
additional alleged violations concern Cordray Brothers’ limestone quarry encompassing
approximately 42 acres just east of the intersection of Leaf River Road and Sumner Road in Leaf
River Township, Ogle County (Leaf River Quarry). The People allege that respondents violated
Sections 12(a) and (b) of the Act (415 ILCS 5/12(a), (b) (2006)) and Sections 404.101(a)(1) and
(2) of Board’s regulations (35 Ill. Adm. Code 404.101(a)(1), (2) (2006)) at Leaf River Quarry.
1
On August 20, 2007, the People and respondents 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), 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. As the alleged violations involve sites in two
counties, newspaper notice was published in the Ogle County Newspapers, including the
Oregon
Republican Reporter
, on August 30, 2007, and in the
Boone County Journal
on August 31, 2007.
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) (2006); 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.
See
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 respondents’ operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Respondents admit the
alleged violations. The stipulation also addresses the factors of Section 42(h) of the Act (415
ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty amount. Respondents
agree to pay a civil penalty of $15,000. The People and respondents have satisfied Section
103.302. The Board accepts the stipulation and proposed settlement.
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.
Respondents must pay a civil penalty of $15,000 no later than November 5, 2007,
which is the first business day following the 30th day after the date of this order.
Respondents must pay the civil penalty by certified check or money order payable
to the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name, case number, and each
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Complaints may be amended to set forth new or modified claims.
See
35 Ill. Adm. Code
103.206(d).
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respondent’s Federal Employer Identification Number must appear on the
certified check or money order.
3.
Respondents must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Mathew Marinelli
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, IL 60602
James Day
Assistant Council
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Respondents must cease and desist from future violations of the Act and Board
regulations that were the subject matter of the complaint and the additional
alleged violations set forth in the stipulation.
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) (2006);
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.
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I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on October 4, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
