ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NORTHERN BUILDING CONCEPTS, INC.,
    an Illinois corporation, and LANDSCAPE
    CONCEPTS CONTRUCTION, INC., an
    Illinois corporation,
     
    Respondents.
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    PCB 03-53
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On October 24, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Northern Building Concepts, Inc., and
    Landscape Concepts Construction, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002),
    amended
     
    by
    P.A. 93-152, eff. July 10, 2003; 35 Ill. Adm. Code 103.204. The People allege that
    respondents violated Sections 12(a), (d), and (f) of the Environmental Protection Act (Act) (415
    ILCS 5/12(a), (d), (f) 2002)) and 35 Ill. Adm. Code 302.203. The People further allege that
    respondents violated these provisions by causing or allowing the discharge of storm water
    containing silt or sediment; causing or allowing a water pollution hazard at a tributary to
    wetlands; and discharging storm water without an National Pollutant Discharge Elimination
    System permit. The complaint concerns respondents’ development of a residential site known as
    Depot Landings in Antioch, Lake County.
     
    On September 29, 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
    for relief from hearing. The Board published
    newspaper notice in the
    Antioch News-Reporter
    on October 10, 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) (20003); 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
    respondents’ 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 respondents have
    satisfied Section 103.302. Respondents neither admit nor deny the alleged violations and agree
    to pay a civil penalty of $12,500. 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. Respondents must pay a civil penalty of $12,500 no later than December 12,
    2003, which is the 30th day after the date of this order. Respondents must pay
    $10,000 of that penalty by certified check or money order payable to the “Illinois
    Environmental Protection Agency” and designated to the Environmental Trust
    Fund. The case number, case name, and respondents’ federal employer
    identification number must be included on the certified check or money order.
     
    3. Respondents must send the certified check or money order by first class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    Respondents must send a copy of the check to:
     
    Joel Sternstein
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    4. Respondents must pay the remaining $2,500 of that penalty by certified check or
    money order payable to the “Lake County State’s Attorneys Office/Lake County
    Treasurer.” The case number, case name, and respondents’ federal employer
    identification number must be included on the certified check or money order.
     
    3. Respondents must send the certified check or money order by first class mail to:
     
    Mr. Lisle Stalter
    Lake County State’s Attorney’s Office
    18 N. County Street
    Waukegan, Illinois 60085
     
     
    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
     
    3
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5.
    Respondents 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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