ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    TRI-K DEVELOPMENT, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-24
    (Enforcement - Water)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 29, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Tri-K Development, Inc. (Tri-K
    Development).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the
    People’s allegation that Tri-K Development violated Section 12(a) and (f) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a) and (f) (2002)); 35 Ill. Adm. Code 302.203, 306.102, and
    309.146; and National Pollutant Discharge Elimination System (NPDES) permit number
    ILR104445. The People further allege that Tri-K Development violated these provisions by
    engaging in construction activities without using adequate measures to control silt and erosion
    controls to prevent sediment from entering storm sewers that discharge into Prentiss Creek and
    the DuPage River. The complaint concerns Tri-K Development’s construction activities at a six-
    acre development near the intersection of 59th Street and Interstate 355 in Lisle, DuPage County.
    The Board accepted that complaint for hearing by an order dated September 4, 2003.
     
    On September 5, 2003, the People and Tri-K Development 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 Tri-K Development neither admits nor denies the alleged violation(s) and agrees
    to pay a civil penalty of $7,500.
     
    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 September 18, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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