ILLINOIS POLLUTION CONTROL BOARD
    December 16, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    SAFE LOCK STORAGE 2, LLC, a Missouri
    corporation,
     
    Respondent.
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    PCB
    05-52
     
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 15, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Safe Lock Self Storage, Inc. (Safe Lock
    Self Storage).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint
    concerns Safe Lock Self Storage’s construction site for a rental self-storage facility at 2215
    Lebanon Avenue, Shiloh, St. Claire County. The Board accepted that petition for hearing by an
    order dated October 7, 2004.
     
    On December 13, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed an amended complaint against Safe Lock Storage 2, LLC (Safe
    Lock Storage 2).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People filed
    a motion for leave to amend the complaint to correct the name of the respondent. That motion is
    granted, and the Board accepts the amended complaint. the caption of this order reflects the
    correction.
     
    Accompanying the amended complaint was a stipulation and proposal for settlement.
    The People allege that Safe Lock Storage 2 violated Section 12(f) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(f) (2002)) and 35 Ill. Adm. Code 309.102 by developing
    and constructing the storage facility without first obtaining a National Pollutant Discharge
    Elimination System permit.
     
    On December 13, 2004, together with the amended complaint, the People and Safe Lock
    Storage 2 also 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, Safe Lock Storage 2 admits the alleged
    violation and agrees to pay a civil penalty of $1,000.
     
    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
     
      
     
    2
    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) (2000); 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 December 16, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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