ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WESTFIELD HOMES OF ILLINOIS, an
    Illinois corporation,
     
    Respondent.
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    PCB 03-147
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by L.P. Padovan):
     
    On March 13, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Westfield Homes of Illinois (Westfield
    Homes) alleging water pollution and National Pollutant Discharge Elimination System (NPDES)
    permit violations.
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. Westfield
    Homes is a home sales and building company located in Buffalo Grove, Lake County. The
    complaint concerns Westfield Home’s residential development called Tiffany Farms, Phase II,
    Units 3 and 4, in Antioch, Lake County.
     
    Specifically, the People allege in the complaint that Westfield Homes violated Section
    12(a) of the Environmental Protection Act (Act) (415 ILCS 5/12(a) (2002)) and Section 302.203
    of the Board’s regulations (35 Ill. Adm. Code 302.203) by causing or allowing silt-laden storm
    water from its construction site to flow into a wetland, which caused, threatened, or allowed
    water pollution. The People further allege that Westfield Homes violated Section 12(d) of the
    Act (415 ILCS 5/12(d) (2002)) by allowing dirt stockpiles to remain on the construction site
    without adequate erosion controls such that storm water containing dirt and silt contaminants
    flowed into the wetland, creating a water pollution hazard. In addition, the People allege that
    Westfield Homes violated Section 12(f) of the Act (415 ILCS 5/12(f) (2002)) and Section
    309.146(a) of the Board’s regulations (35 Ill. Adm. Code 309.146(a)) by failing to implement
    adequate storm water pollution controls as required by the general NPDES permit for
    construction activities and failing to submit “Incidence of Noncompliance” reports to the Illinois
    Environmental Protection Agency.
     
    On May 29, 2003, the People filed a stipulation and proposed settlement with Westfield
    Homes, 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
    settlement, Westfield Homes neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $15,000.
     
    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 request for relief and hold a hearing.
    See
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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