ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    YOUSSI REAL ESTATE AND
    DEVELOPMENT, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 05-60
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On September 27, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Youssi Real Estate and Development, Inc.
    (Youssi).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
    Youssi violated Section 12(f) of the Environmental Protection Act (Act) and Section 309.103 of
    the Board’s regulations. 415 ILCS 5/12(f); 35 Ill. Adm. Code 309.103. The People further
    allege that Youssi violated these provisions by failing to obtain a National Pollutant Discharge
    Elimination System (NPDES) stormwater discharge permit for Phase II construction activities.
    The complaint concerns development and construction activities at Youssi’s 72.2 acre parcel of
    land called Prairie Meadow subdivision. The development is located at the corner of Dawson
    Lake Road and Caledonia Road in the Village of Timberlane, Boone County.
     
    On March 10, 2005, the People and Youssi 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). The Board provided notice of the
    stipulation, proposed settlement, and request for relief. The newspaper notice was published in
    the
    Rockford Register Star
    on March 23, 2005. 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) (2002); 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. 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
    Youssi’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) (2002)). The People and Youssi have satisfied
    Section 103.302. Under the proposed stipulation, Youssi admits the alleged violations and
    agrees to pay a civil penalty of $5,000. The Board accepts the stipulation and proposed
    settlement.
     
     
    2
    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.
    Youssi Real Estate and Development, Inc. (Youssi) must pay a civil penalty of
    $5,000 no later than May 21, 2005, which is the 30th day after the date of this
    order. Youssi must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and Youssi’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3.
    Youssi must send the certified check or money order to:
     
     
      
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5.
    Youssi must cease and desist from the alleged violations.
     
    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) (2002);
    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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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