ILLINOIS POLLUTION CONTROL BOARD
    May 5, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    REDFEARN EARTHMOVING, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB
    05-89
     
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 9, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Redfearn Earthmoving, Inc. (Redfearn
    Earthmoving).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege
    that Redfearn Earthmoving violated Section 12(f) of the Environmental Protection Act (Act)
    (415 ILCS 5/12(f) (2002)) and 35 Ill. Adm. Code 309.102(a). The People further allege that
    Redfearn Earthmoving violated these provisions by (1) failing to institute erosion controls on a
    construction site; and (2) failing to obtain coverage under the general National Pollutant
    Discharge Elimination System permit for stormwater discharges from construction sites. The
    complaint concerns Redfearn Earthmoving’s expansion of its parking lot and construction of
    storage areas at its office building at 1480 Route 20 West, Elizabeth, Jo Daviess County.
     
    On April 21, 2005, the People and Redfearn Earthmoving 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the Redfearn Earthmoving admits the alleged violations and agrees to pay a civil
    penalty of $2,000.
     
    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
    hearing. 415 ILCS 5/31(c)(2) (2000); 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.
     
      
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 5, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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