ILLINOIS POLLUTION CONTROL BOARD
    April 4, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    HOME DEPOT U.S.A., INC., a Delaware
    corporation,
     
    Respondent.
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    PCB 02-161
    (Enforcement – Water)
     
    ORDER OF THE BOARD (by R.C. Flemal):
     
    On March 25, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Home Depot U.S.A., Inc. (Home
    Depot).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Home Depot violated Sections 12(a), (c), (d), and (f) of the Environmental Protection Act
    (Act), various Board regulations pertaining to water pollution, and provisions in its National
    Pollutant Discharge Elimination System permit. The People further allege that Home Depot
    violated these provisions by failing to implement appropriate soil erosion control measures at
    its construction site, installing a sewer line without a construction permit, and failing to conduct
    site inspections and submit reports. The complaint concerns the construction of a new Home
    Depot store located south of Route 12 and Hartigan Road in the Village of Volo, Lake County.
     
    Additionally on March 25, 2002, the People and Home Depot 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 proposed stipulation, Home Depot denies the alleged violations and agrees to pay a civil
    penalty of $50,000 to the Environmental Protection Trust Fund and to make a one time
    payment of $30,000 to the Redhead Lake Rehabilitation Fund #230.
     
    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 April 4, 2002, by a vote of 6-0.
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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