ILLINOIS POLLUTION CONTROL BOARD
    September 4, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ROBERT HAMM d/b/a THREE R’S PIER
    BUILDERS,
     
    Respondent.
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    PCB 03-128
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 26, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Robert Hamm, an individual doing business
    as Three R’s Pier Builders (Hamm). The People alleged that Hamm violated Sections 12(a), (c),
    and (d) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (c), (d) (2002)) and
    Sections 302.203 and 306.304 of the Board’s regulations (35 Ill. Adm. Code 302.203, 306.304)
    because Hamm severed and blocked a sanitary sewer line, discharging 10,000 gallons of sewage
    into Fox Lake. The complaint concerns Hamm’s boat dock and pier construction business at
    34678 N. Michael Road in Ingleside, Lake County.
     
    On September 2, 2003, the People filed a stipulation and proposed settlement with
    Hamm, 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),
    amended by
    P.A. 93-152, eff. July 10, 2003). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-152,
    eff. July 10, 2003), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondent propose settling an enforcement action without a public
    hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed settlement, Hamm neither
    admits nor denies the alleged violations, but agrees to pay a civil penalty of $2,500.
     
    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 request for relief and hold a hearing.
    See
    415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003; 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 September 4, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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