ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BERNIE C. MORRIS,
     
    Respondent.
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    PCB 02-73
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On December 11, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Bernie C. Morris (Morris).
    See
    415 ILCS
    5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. Morris is the developer of Wood Ridge
    Subdivision, a residential development north of the City of Chrisman, Edgar County. In count I
    of the complaint, the People allege that Morris violated Sections 12(a), (b), and (c) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (b), (c) (2000)) and Section 309.202(a)
    of the Board’s regulations (35 Ill. Adm. Code 309.202(a)) by building a sewer extension from
    the City of Chrisman to Wood Ridge Subdivision without the required construction permit. In
    count II of the complaint, the People allege that Morris violated Section 12(f) of the Act (415
    ILCS 5/12(f) (2000)) and Section 304.141(b) of the Board’s regulations (35 Ill. Adm. Code
    304.141(b)) by engaging in construction activities at Wood Ridge Subdivision that threatened or
    allowed the off-site discharge of contaminants without a National Pollutant Discharge
    Elimination System (NPDES) permit.
     
    On January 8, 2002, the People and Morris 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) (2000)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under the stipulation and proposed
    settlement, Morris admits the alleged violations and agrees to pay a civil penalty of $2,500.
     
    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) (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 January 24, 2002, by a vote of 7-0.
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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