ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MARC DEVELOPMENT CORPORATION,
    an Illinois corporation, and SILVER GLEN
    ESTATES HOMEOWNERS’
    ASSOCIATION, a not-for-profit corporation,
     
    Respondents.
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    PCB 01-150
    (Enforcement - Water)
          
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    On May 4, 2001, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Marc Development Corporation, and Silver Glen
    Estates Homeowners’ Association (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). The People allege that respondents violated the operation and construction
    permits and water provisions under Section 12(a), 12(b), and 12(f) of the Environmental
    Protection Act (Act), and Section 306.102(a) of the Board’s regulations. The People further
    allege that respondents violated these provisions by failing to properly use and maintain a surface
    spray irrigation wastewater disposal system facility. The complaint concerns respondents’
    wastewater disposal system facility located off Whispering Trails Road in Elgin Township, Kane
    County.
     
    On December 11, 2002, the People and the Silver Glen Estates Homeowners’ Association
    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) (2002)). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)).
    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 Courier News
    on December 21, 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) (2002); 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
    Silver Glen Estates Homeowners’ Association 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) (2002)). The
    People and the Silver Glen Estates Homeowners’ Association have satisfied Section 103.302.
    Silver Glen Estates Homeowners’ Association admits the alleged violation(s) and agrees to pay a
    civil penalty of $2,000. The Board accepts the stipulation and proposed settlement. This
     
     
      
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    stipulation and proposed settlement does not resolve the complaint against Marc Development
    Corporation.
     
    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. Silver Glen Estates Homeowners’ Association must pay a civil penalty of $2,000
    no later than February 24, 2003, which is the 30th day after the date of this order.
    Silver Glen Estates Homeowners’ Association must pay the civil penalty by
    certified check or money order, payable to the Environmental Protection Trust
    Fund. The case number, case name, and Silver Glen Estates Homeowners’
    Association social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Silver Glen Estates Homeowners’ Association 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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Silver Glen Estates Homeowners’ Association 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) (2002);
    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 January 23, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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