ILLINOIS POLLUTION CONTROL BOARD
February 7, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BERNIE C. MORRIS,
Respondent.
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PCB 02-73
(Enforcement - Water)
OPINION AND 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 Sections 304.141(b) and 309.102(a) of the Board’s regulations (35 Ill.
Adm. Code 304.141(b), 309.102(a)) 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). A corrected page of the stipulation and
proposed settlement was filed on January 31, 2002, to reflect all of the alleged violations. The
Board provided notice of the stipulation, proposed settlement, and request for relief. The
newspaper notice was published in the
Paris Daily Beacon-News
on January 9, 2002. 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) (2000); 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
Morris’ 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) (2000)). The People and Morris have satisfied
Section 103.302. Morris admits the alleged violations and agrees to pay a civil penalty of
$2,500. The Board accepts the stipulation and proposed settlement.
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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.
Bernie C. Morris (Morris) must pay a civil penalty of $2,500 no later than
November 30, 2002. Morris must pay the civil penalty 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 Morris’ social security number must be included on the certified check
or money order.
3.
Morris must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Morris must simultaneously submit a copy of the payment transmittal and
certified check or money order to:
Office of the Attorney General
Donna Lutes, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
5.
Morris 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) (2000);
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
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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 February 7, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
