ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PETER BABANIOTIS, an individual,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-107
    (Enforcement - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On December 29, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Peter Babaniotis.
    See
    415 ILCS 5/31(c)(1)
    (2004); 35 Ill. Adm. Code 103.204. The People allege that Babaniotis violated sections 12(a),
    12(d), and 12(f)(2) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(d), and
    12(f)(2) (2004)) and sections 302.203, 302.208(g), 302.212(a), 731.164(a), 731.164(b),
    731.164(d), 731.165(b), and 731.166(a) of the Board’s regulations (35 Ill. Adm. Code 302.203,
    302.208(g), 302.212(a), 731.164(a), 731.164(b), 731.164(d), 731.165(b), and 731.166(a)). The
    People further allege that Babaniotis violated these provisions by causing or allowing soil and
    groundwater to become contaminated with gasoline released from underground storage tanks and
    in turn not addressing the contamination, resulting in water pollution and a continuing water
    pollution hazard. The complaint concerns Babaniotis’ former gasoline station, which is located
    at 101 E. Jefferson Street, in Shorewood, Will County.
    On July 24, 2006, the People and Babaniotis 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,
    Babaniotis does not affirmatively admit the alleged violations and agrees to pay a civil penalty of
    $19,125. Babaniotis also agrees to submit to the Illinois Environmental Protection Agency
    (Agency) within 60 days of the date of a Board order accepting this proposed settlement a
    revised Corrective Action Completion Report (CACR) addressing each deficiency in the 2003
    CACR as outlined in the Agency’s October 22, 2003 letter rejecting that CACR. The proposed
    settlement also provides for stipulated penalties in the event that Babaniotis fails to complete any
    activity or fails to comply on a timely basis with the requirements of the revised CACR.
    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.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top