ILLINOIS POLLUTION CONTROL BOARD
    November 3, 2005
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SMITHFIELD PROPERTIES, L.L.C., an
    Illinois limited liability company, WOOTON
    CONSTRUCTION, LTD., an Illinois
    corporation, and CHICAGO SUN-TIMES,
    INC., a Delaware corporation,
    Respondents.
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    PCB 04-192
    (Enforcement – Land,Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 5, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Smithfield Properties, L.L.C., Wooton
    Construction, LTD., and
    Chicago Sun-Times, Inc.
    The complaint alleges that
    Chicago Sun-
    Times (Sun-Times)
    violated Sections 12(a) and (d); and 57.6(a) of the Environmental Protection
    Act (Act) (415 ILCS 5/12(a) and (d); 57.6(a) (2002)) and 35 Ill. Adm. Code 732.202(e). The
    eleven-count complaint alleges that Smithfield Properties, L.L.C. (Smithfield) and Wooton
    Construction LTD (Wooton) violated Sections 12(a), 57.6(a), 57.7(a)(1) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 57.6(a), 57.7(a)(1) (2004)) and 35 Ill. Adm. Code
    732.200; 732.202(a),(b),(d) and (e); 732.300(a); and 732.307(a).
    The complaint alleges that the respondents failed to properly evaluate and comply with
    reporting and response requirements, and caused, threatened or allowed water pollution at a site
    located at 222 South Racine Avenue, Chicago, Cook County. The Board accepted the complaint
    for hearing on May 20, 2004.
    On October 26, 2005, the People and the
    Sun-Times
    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). These filings are authorized by Section 31(c)(2) of the
    Act. 415 ILCS 5/31(c)(2) (2004).
    See
    35 Ill. Adm. Code 103.300(a). Respondents Smithfield
    Properties, L.L.C and Wooton Construction, LTD are not party to the stipulation. Under the
    proposed stipulation, the
    Sun-Times
    does not admit the violations alleged in the complaint, but
    agrees to pay a civil penalty of $40,000.
    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
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    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 3, 2005, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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