ILLINOIS POLLUTION CONTROL BOARD
    April 18, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MERIDIAN DEVELOPMENT
    CORPORATION, an Illinois corporation,
     
    Respondent.
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    PCB 02-30
    (Enforcement – Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On September 7, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a four-count complaint against respondent Meridian
    Development Corporation (Meridian).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code
    108.202(c). The complaint alleged that Meridian operated without a National Pollutant
    Discharge Elimination System (NPDES) permit, violated water quality standards, created a
    water pollution hazard, and violated NPDES permit conditions at a construction site in Beach
    Park, Lake County. These activities were in alleged violation of Sections 12(a), 12(d), and
    12(f) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(d), and 12(f) (2000)),
    Sections 309.102(a) and 302.203 of the Board’s regulations (35 Ill. Adm. Code 309.102(a) and
    302.203), and Sections IV.B.2., IV.D.2.c.i and IV.D.4.d of Meridian’s NPDES permit.
     
    On March 7, 2002, the People and Meridian filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the
    Environmental Protection Act (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).
    The Board provided notice of the stipulation, proposed settlement, and request for relief. The
    newspaper notice was published in
    The News Sun
    on March 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 Meridian’s 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
    Meridian have satisfied Section 103.302. Meridian admits the alleged violation(s) and agrees
    to pay a civil penalty of $10,000. The Board accepts the stipulation and proposed settlement.
     
     
      
     
     
    2
    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. Meridian must pay a civil penalty of $10,000 no later than May 18, 2002, which
    is the 30th day after the date of this order. Meridian must pay the civil penalty
    by certified check or money order, payable to the Illinois Environmental
    Protection Trust Fund. The case number, case name, and Meridian‘s federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Meridian 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
     
    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. Meridian 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 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on April 18, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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