ILLINOIS POLLUTION CONTROL BOARD
August 6, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DENNIS K. STIEGEMEIER, d/b/a I.L.C.
DEVELOPMENT,
Respondent.
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PCB No. 06-77
(Enforcement )
ORDER OF THE BOARD (by G.T. Girard):
On November 15, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a two-count complaint against Dennis K. Stiegemeier, d/b/a
I.L.C. Development (Steigemeier). The complaint concerns Stiegemeier’s construction site in
the Timberview Subdivision southwest of Staunton in Macoupin County, Illinois. The parties
now seek to settle without a hearing. For the reasons below, the Board directs the Clerk to
provide public notice of the parties’ stipulation, proposed settlement, and request for relief from
the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)),
1
the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2008); 35 Ill. Adm.
Code 103. In this case, the People allege in Count I that Stiegemeier conducted ongoing
construction activities, including clearing, grading, and excavating, without taking adequate
measures to minimize the transport of sediment into stormwater runoff. The people specifically
allege that Stiegemeier violated Section 12(d) of the Act, 415 ILCS 5/12(d) (2008), by causing or
allowing the discharge of silt and other contaminants from the construction site into waters of the
State so as to cause or tend to cause water pollution.
The people allege in Count II that Stiegemeier violated Section 12(f) of the Act, 415
ILCS 5/12(f) (2008), and Section 39.102(a) of the Board’s regulations, 35 Ill. Adm. Code
309.102(a) (2008) by discharging contaminants into waters of the State without complying with
the NPDES permit.
On July 21, 2009, the People and Stiegemeier 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2008)), which requires that the public have an opportunity to request a hearing
1
All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
been substantively amended in the 2008 compiled statutes.
2
whenever the State and a respondent propose settling an enforcement action without a public
hearing.
See
35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Stiegemeier admits
the alleged violations and agrees to pay a civil penalty of $2,500.
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.
See
415 ILCS 5/31(c)(2) (2008); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on August 6, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
