ILLINOIS POLLUTION CONTROL BOARD
    December 3, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MONTALBANO BUILDERS, INC., an
    Illinois corporation,
    Respondent.
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    PCB 09-30
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
    On November 6, 2008, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against Montalbano Builders, Inc.
    (Montalbano). The complaint concerns Montalbano’s development property known as the
    Huntington Ridge subdivision located on the southwest corner of Harvard Hills and Crowley
    Road in Harvard, McHenry County. 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)), 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 Montalbano violated Sections 12(a), (d), and (f) (415 ILSC
    5/12(a), (d), (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, Montalbano violated these provisions by
    (1) causing, threatening, or allowing the discharge of silt-laden runoff from the site into the
    waters of the State resulting in water pollution, (2) allowing disturbed soils and soil stockpiles
    with inadequate erosion controls to remain adjacent to wetland areas resulting in a water
    pollution hazard, and (3) failing to maintain adequate stormwater pollution prevention measures
    and discharging silt-laden runoff from the site into the adjacent wetland and waters of the State
    in violation of Montalbano’s National Pollutant Discharge Elimination System (NPDES) permit.
    On October 5, 2009, the People and Montalbano 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 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
    Woodstock
    Independent
    on October 28, 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).
    2
    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 Montalbano’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. Montalbano does not
    affirmatively admit 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. Montalbano agrees to pay a civil penalty of $10,000.00. The People and Montalbano
    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.
    Montalbano Builders, Inc. (Montalbano) must pay a civil penalty of $10,000.00
    no later than January 4, 2010, which is the first business day following the 30th
    day after the date of this order. Montalbano 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 Montalbano’s federal tax identification number must
    appear on the face of the certified check or money order.
    3.
    Montalbano 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
    Montalbano must send a copy of the certified check or money order and any
    transmittal letter to:
    Zemeheret Bereket-Ab
    Environmental Bureau
    Illinois Attorney General’s Office
    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
    3
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2008)).
    5.
    Montalbano must cease and desist from future violations of the Environmental
    Protection 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 December 3, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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