ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MARC DEVELOPMENT CORPORATION,
    An Illinois corporation, and SILVER GLEN
    ESTATES HOMEOWNERS’
    ASSOCIATION, a non-for-profit corporation,
     
    Respondent.
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    PCB 01-150
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On May 4, 2001, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Marc Development Corporation (respondent).
    See
     
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
    violated Sections 12(a), (b), (f) of the Act, and Section 309.102(a) of the Board regulations. The
    People further allege that respondent caused or allowed water pollution, operating and
    constructing permit violations, and discharge without a NPDES permit. The complaint concerns
    respondent’s spray irrigation wastewater disposal system located at Silver Glen Estates off
    Whispering Trails Road, Elgin Township, Kane County.
     
    On April 17, 2003, the People and respondent 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
    respondent admits the alleged violations and agrees to pay a civil penalty of $20,000.
     
    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.
     
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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 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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