ILLINOIS POLLUTION CONTROL BOARD
October 15, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PAR DEVELOPMENT,
an Illinois corporation,
Respondent.
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PCB 09-69
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by S.D. Lin):
On March 30, 2009, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a five-count complaint against Par Development, Inc. (Par). The
complaint concerns Par’s retail business development project at the northeast corner of the
intersection of Algonquin Road and Lakewood Road in Hills, McHenry County (Site). 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 (2008)),
1
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 (2008); 35 Ill. Adm. Code 103.
In this case, the People allege that Par directly violated Section 12(a) and (d) of the Act (415
ILCS 5/12(a), (d) (2008)); further, by violating Parts II.D.2, III.C and IV.B.1 of Par’s National
Pollutant Discharge Elimination System (
NPDES) permit, Par also violated Section 12(f) of the
Act (415 ILCS 5/12(f) (2008)) and Section 309.102(a) of the Board’s water pollution regulations
(35 Ill. Adm. Code 309.102(a)).
According to the complaint, Par violated these provisions by: (1) causing, threatening or
allowing discharge of contaminants into waters of the State, which caused or tended to cause
water pollution, (2) depositing contaminants at the site in such a place and manner as to create a
water pollution hazard, (3) discharging soil or sediment-laden runoff from the Site, (4) failing to
post the notification of coverage of the Site by an NPDES permit, and (5) failing to retain a copy
of the Stormwater Pollution Prevention Plan.
On September 14, 2009, the People and Par 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in
Algonquin
Countryside/Pioneer Press-Lakeshore Zone
on September 17, 2009. 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) (2008); 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 Par’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) (2008)), which bears on the reasonableness of
the circumstances surrounding the alleged violations. Par neither admits nor denies the alleged
violations. The stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS
5/42(h) (2008)), which may mitigate or aggravate the civil penalty amount. Par agrees to pay a
civil penalty of $20,000. The People and Par 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.
Par must pay a civil penalty of $20,000 no later than November 16, 2009, which
is the first business day following the 30th day after the date of this order. Par
must pay the civil penalty by certified check or money order payable to the
Illinois Environmental Protection Agency for deposit into the Environmental
Protection Trust Fund. The case name, case number, and Par’s federal tax
identification number must appear on the face of the certified check or money
order.
3.
Par 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, Illinois 62794-9276
Par must send a copy of the certified check or money order and any transmittal
letter to:
Environmental Bureau North
Illinois Attorney General’s Office
3
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2008)).
5.
Par must cease and desist from future violations of the Act and Board regulations
that were the subject of the complaint.
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) (2008);
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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on October 15, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
