ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    C & F PACKING CO., INC.,
     
    Respondent.
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    PCB 03-153
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On March 18, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against C & F Packing Co., Inc. (C & F Packing).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that C & F
    Packing violated Section 12(a), (b), (d), (f) of the Environmental Protection Act (Act) (415 ILCS
    5/12(a) (2002)) and 35 Ill. Adm. Code 302.203, 309.102(a), 309,202(a). The People further
    allege that C & F Packing violated these provisions by failing to maintain a construction site in a
    way that prevented stormwater runoff from entering a wetland, located in the Squaw Creek sub-
    basin in the Fox River watershed. The complaint concerns the construction site of a C & F
    Packing production facility located at Park Place Business Center along Illinois Route 83, in
    Lake Villa, Lake County.
     
    On May 13, 2003, the People and C & F Packing 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, C & F Packing neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $11,000.
     
    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 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.
     
     
    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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