ILLINOIS POLLUTION CONTROL BOARD
    February 1, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OSBORN HOMES, INC., an Illinois
    corporation,
    Respondent.
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    PCB 00-32
    (Enforcement – PWS)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On August 19, 1999, the People of the State of Illinois (People) filed a four-count
    complaint against respondents Village of Maryville (Village) and Osborn Homes, Inc. (Osborn
    Homes) regarding construction of sanitary sewers along Stonebridge Golf Drive in the Village
    of Maryville, Madison County, Illinois.
    The complaint alleges that Osborn Homes violated Sections 12(c), 12(f), and 18 of the
    Environmental Protection Act (Act) (415 ILCS 5/12(c), 12(f), 18 (1998)); Section 309.202(a)
    of the Board’s Construction Permit Rules (35 Ill. Adm. Code 309.202(a)); and Section 602.101
    of the Board’s Public Water Supply Rules (35 Ill. Adm. Code 602.101) by constructing
    sanitary sewers and water main extensions without permits.
    1 There were additional alleged
    violations against the Village.
    On November 2, 2000, the Board accepted a stipulation and settlement agreement
    between the People and the Village, resolving the action against the Village. The Village is
    not a party to this stipulation and proposal for settlement
    On December 19, 2000, the Illinois Environmental Protection Agency (Agency) and
    Osborn Homes filed a stipulation and proposal for settlement, accompanied by a motion
    requesting relief from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS
    5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the
    Board caused publication of the required newspaper notice of the stipulation and proposal for
    settlement and request for relief from the hearing requirement. The notice appeared in
     
    The
    Times-Tribune
    on December 28, 2000. The Board did not receive any requests for hearing.
    Accordingly, the Board grants a waiver from the hearing requirement.
    1 The stipulation alleges that Osborn Homes violated Section 15 of the Act (415 ILCS 5/15
    (1998)). There is no such allegation against Osborn Homes in the complaint. Given this
    inconsistency, the Board addresses only those violations alleged in the complaint.
    2
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Osborn Homes
    neither admits nor denies the violations alleged by the People, but agrees to pay a civil penalty
    of $7,500.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Osborn Homes must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Osborn Homes. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2. Osborn Homes must pay a civil penalty of $7,500. Payment must be made
    within 60 days of the date of this order, that is, on or before April 2, 2001.
    Such payment must be made by certified check or money order payable to the
    Illinois Environmental Protection Agency, for deposit in the Environmental
    Protection Trust Fund. The case number, case name, and Osborn Homes’
    Federal Employer Identification number (37-1317196) must also be included on
    the certified check or money order and clearly indicate that payment is directed
    to the Environmental Protection Trust Fund.
    3. The check or money order must be sent 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
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4. Any such penalty not paid within the time prescribed incurs interest at the rate
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    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5. Osborn Homes must cease and desist future alleged violations of any federal,
    State, or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 1st day of February 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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