ILLINOIS POLLUTION CONTROL BOARD
    May 2, 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)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On March 25, 2002, the Office of the Attorney General, on behalf of the People
    of the State of Illinois (People), filed a 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). The Board provided notice of the stipulation, proposed
    settlement, and request for relief from hearing. The newspaper notice was published in
    the
    News Sun
    on March 28, 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 Home Depot’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 Home Depot have satisfied Section 103.302. Home
     
    2
    Depot does not admit the alleged violations, but 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. The Board accepts the
    stipulation and proposed settlement.
     
    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. Home Depot U.S.A., Inc. (Home Depot) must pay a civil penalty of
    $50,000 no later than June 2, 2002, which is the 30th day after the date
    of this order. Home Depot must pay the civil penalty by certified check
    or money order, payable to the Environmental Protection Trust Fund.
    Also by June 2, 2002, Home Depot must make a one time payment of
    $30,000 to the Lake County Health Department and Community Health
    Center (LCHD), earmarked for use in the Redhead Lake Rehabilitation
    Fund #230. The case number, case name, and Home Depot’s social
    security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. Home Depot must send the $50,000 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
     
      
      
    and the $30,000 certified check or money order to:
     
    Lake County Health Department and Community Health Center
    Attention: Mark Pfister
    3010 Grand Avenue
    Waukegan, Illinois 60085
     
    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. Home Depot must cease and desist from the alleged violations.
     
    3
     
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above opinion and order on May 2, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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