ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    RIVERSTONE GROUP, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 03-12
    (Enforcement - Water)
          
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 31, 2002, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Riverstone Group, Inc. (Riverstone).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The complaint contains allegations of water
    pollution and creating offensive conditions at Riverstone’s Troy Grove quarry, a limestone
    quarry, located at 539 Route 52, Utica, LaSalle County. The People allege that Riverstone
    violated the Environmental Protection Act (Act), and effluent discharge standards for total
    suspended solids (TSS) as set by the Board and the National Pollutant Discharge Elimination
    System (NPDES) permit issued to Riverstone by the Illinois Environmental Protection Agency
    (Agency). Riverstone’s NPDES permit # ILG840049 allows it to discharge effluent in to the
    Little Vermillion River.
     
    On March 25, 2003, the People and respondents 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. The newspaper notice was published
    in the
    News-Tribune
    on April 2, 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
    Riverstone’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 Riverstone have
    satisfied Section 103.302. Respondent neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $38,000. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
    2
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Riverstone must pay a civil penalty of $38,000 no later than May 17, 2003, which
    is the 30th day after the date of this order, by certified check or money order,
    payable to the “Illinois Environmental Protection Agency” and designated to the
    Environmental Protection Trust Fund. The case number, case name, and
    respondent’s federal employer identification number (36-1494955) must be
    included on the certified check or money order.
     
    3. Riverstone 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
     
    A copy of the check shall be sent to:
     
    Joel Sternstein
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    4. For the purposes of collection, inquiries can be addressed to Respondent’s attorney at:
     
    Mr. Cary Perlman
    Latham & Watkins
    Sears Tower
    233 South Wacker Drive
    Chicago, Illinois 60606
    (312) 875-7700
     
    5. 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)
    (2000)).
     
    6. Riverstone must cease and desist from future violations of the Act and Board
    rules.
     
     
     
      
    3
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 17, 2003, by a vote of ______________.
     
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
       
     
     

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