ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WILLIAMSBURG PLACE OF CRETE, INC.,
    an Illinois corporation,
     
    Respondent.
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    PCB 02-18
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 9, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Williamsburg Place of Crete, Inc.
    (Williamsburg).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege
    that Williamsburg violated Sections 12(a) and (f) of the Environmental Protection Act (Act) (415
    ILCS 5/12(a) and (f) (2002) as well as 35 Ill. Adm. Code 302.302, 304.105, 304.106, and
    309.146(a). The People further allege that Williamsburg violated these provisions by allowing,
    inter alia
    , the discharge of soil sediment, refuse, and contaminants into waters of the State of
    Illinois. In addition, the People allege that Williamsburg failed to establish and maintain a storm
    water pollution prevention plan as required by its permit. The complaint concerns
    Williamsburg’s subdivision development located in the Village of Crete, Will County.
     
    On November 27, 2002, the People and Williamsburg filed a stipulation and proposed
    settlement, accompanied by an agreed 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); 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 Star Newspapers
    on December 15, 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
    respondents’ 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 respondents have
    satisfied Section 103.302. Williamsburg neither admits nor denies that its acts or omissions
    constituted violations of the Act and Board regulations as alleged in the complaint, but agrees to
    pay a civil penalty of $7,500. The Board accepts the stipulation and proposed settlement.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Williamsburg Place of Crete, Inc. must pay a civil penalty of $7,500 within 30
    days of this order. The civil penalty must be paid by certified check or money
    order, payable to the Illinois Environmental Protection Agency designating it for
    deposit into the Environmental Protection Trust Fund. The case number, case
    name, and the respondent’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Each respondent 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. Interest on unpaid penalties will begin to accrue from the date the penalty
    payment is due and continue to accrue to the date payment is received. Where
    partial payment is made on any payment amount that is due, such partial payment
    shall be first applied to any interest on unpaid penalties then owing.
     
    6. Respondent 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.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on February 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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