ILLINOIS POLLUTION CONTROL BOARD
September 7, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
KIRSEA BUILDERS, INC., an Illinois
corporation,
Respondent.
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PCB 06-182
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On June 2, 2006, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Kirsea Builders, Inc. (Kirsea).
See
415 ILCS
5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Kirsea’s installation of
sewers at a residential development known as Eagle Fair Subdivision, located at Monee, Will
County. 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. The People allege that Kirsea violated Section 12(b) of the Act (415 ILCS 5/12(b)
(2004) and 35 Ill. Adm. Code 309.202(a) of the Board’s water pollution regulations by
constructing a sewer at the Eagle Fair Subdivision without the required permit.
On July 24, 2006, the People and Kirsea 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 Board provided notice of the
stipulation, proposed settlement, and request for relief. The newspaper notice was published in
the
Monee Monitor
on August 3, 2006. 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
Kirsea’s 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) (2004)). The People and Kirsea have satisfied
Section 103.302. Kirsea admits the alleged violations and agrees to pay a civil penalty of
$3,200. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
2
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Kirsea must pay a civil penalty of $3,200 no later than October 9, 2006, which is
the first business day after the 30
th
day after the date of this order. Kirsea must
pay the civil penalty by certified check, money order or electronic transfer of
funds, payable to the Environmental Protection Trust Fund. The case number,
case name, and Kirsea’s social security number or federal employer identification
number must be included on the certified check, money order or electronic
transfer of funds.
3.
Kirsea must send the certified check, money order or electronic funds transfer to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Copies of the check, money order or record of electronic funds transfer shall be
sent to:
Vanessa A. Vail
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
James Day
Assistant Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 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) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Kirsea must cease and desist from the alleged violations.
IT IS SO ORDERED.
3
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 September 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
