ILLINOIS POLLUTION CONTROL BOARD
    October 16, 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)
     
     
    OPINION AND 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.
     
    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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    Board published newspaper notice in the Lisle Sun on September 19, 2003. 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
    Tri-K Development’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 Tri-K
    Development have satisfied Section 103.302. Tri-K Development neither admits nor denies the
    alleged violations, but agrees to pay a civil penalty of $7,500. 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. Tri-K Development must pay a civil penalty of $7,500 no later than
    November 15, 2003, which is the 30th day after the date of this order. Tri-K
    Development must pay the civil penalty by certified check or money order,
    payable to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and Tri-K Development’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Tri-K Development 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. Tri-K Development 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on October 16, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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