ILLINOIS POLLUTION CONTROL BOARD
November 4, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROGERS DEVELOPMENT COMPANY, an
Illinois corporation,
Respondent.
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PCB 04-227
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On June 30, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Rogers Development Company (Rogers). Rogers
is a developer of residential homes. The complaint concerns Rogers’ residential development at
the Lyford Oaks subdivision, located on the west side of Lyford Road, north of State Street in
Rockford, Winnebago County. The parties now seek to settle without a public hearing. For the
reasons below, the Board grants the parties’ request for relief from the hearing requirement and
accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2002); 35 Ill. Adm
.
Code 103. In this case, the People allege that Rogers violated Section 12(f) of the Act (415 ILCS
5/12(f) (2002)) by failing to install adequate storm water controls and implement improvements
when excessive erosion was evident at its site, in violation of the general National Pollutant
Discharge Elimination System (NPDES) permit for construction site activities.
On September 22, 2004, the People and Rogers 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)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
public hearing.
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
Rockford
Register Star
on September 30, 2004. 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.
See
35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violation and the
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nature of Rogers’ 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)), which bears on the
reasonableness of the circumstances surrounding the alleged violation. The People and Rogers
have satisfied Section 103.302. The stipulation also addresses the factors of Section 42(h) of the
Act (415 ILCS 5/42(h) (2002),
as amended by
P.A. 93-575 (eff. Jan. 1, 2004)), which may
mitigate or aggravate the civil penalty amount. Rogers admits the alleged violation and agrees to
pay a civil penalty of $5,000, which the parties stipulate is at least as great as Rogers’ economic
benefit from delayed compliance. The Board accepts the stipulation and proposed settlement.
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.
Rogers must pay a civil penalty of $5,000 no later than December 6, 2004, which
is the first business day following the 30th day after the date of this order. Rogers
must pay the civil penalty 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 Rogers’ federal
employer identification number must be included on the certified check or money
order.
3.
Rogers must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal
Services
Section
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.
Rogers must cease and desist from further 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
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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 4, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
