ILLINOIS POLLUTION CONTROL BOARD
    June 16, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DUR-O-WAL, INC.,
     
    Respondent.
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    PCB 04-194
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 6, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Dur-O-Wal, Inc. (Dur-O-Wal)
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Dur-O-Wal violated
    Sections 12(a), (b), and (f) of the Environmental Protection Act (Act) and Sections 304.105,
    304.141(b), and 309.102(a) of the Board’s water quality regulations. The People further allege
    that Dur-O-Wal violated these provisions by discharging contaminants into a storm sewer
    without a National Pollutant Discharge Elimination System (NPDES) permit and by discharging
    contaminants in violation of its existing NPDES permit. The complaint concerns Dur-O-Wal’s
    wire drawing, fabrication, and zinc galvanizing facility located at 625 Crain Street, Aurora, Kane
    County.
     
    On May 31, 2005, the People and Dur-O-Wal 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, Dur-O-
    Wal neither admits nor denies the alleged violation(s) and agrees to pay a civil penalty of
    $30,000.
     
    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) (2002); 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 June 16, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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