ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PRAIRIE LANE DEVELOPMENT, L.L.C., an
    Illinois corporation,
     
    Respondent.
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    PCB
    04-225
     
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 23, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Prairie Lane Development, L.L.C. (Prairie Lane
    Development).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege
    that Prairie Lane Development violated Section 12(a), (d), and (f) of the Environmental
    Protection Act (Act) (415 ILCS 5/(a), (d), and (f) (2002)) and 35 Ill. Adm. Code 309.102(a), by
    allowing unstabilized areas to remain unprotected from erosion by runoff control structures, and
    thus causing, threatening, or allowing silt-laden stormwater runoff. The complaint concerns
    Prairie Lane Development’s 72.6-acre Prairie Lane Subdivision residential subdivision at
    Dawson Lake Road and Caledonia Avenue, Timberlake, Boone County.
     
    On April 12, 2005, the People and Prairie Lane Development filed a stipulation and
    proposed settlem
    ent, 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, Prairie Lane Development admits the alleged violations and agrees to pay a civil
    penalty of $11,000.
     
    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 April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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