ILLINOIS POLLUTION CONTROL BOARD
October 2, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
NORTHERN BUILDING CONCEPTS, INC.,
an Illinois corporation, and LANDSCAPE
CONCEPTS CONTRUCTION, INC., an
Illinois corporation,
Respondents.
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PCB 03-53
(Enforcement - Water)
ORDER OF THE BOARD (by N.J. Melas):
On October 24, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Northern Building Concepts, Inc., and
Landscape Concepts Construction, Inc. (respondents).
See
415 ILCS 5/31(c)(1) (2002),
amended
by
P.A. 93-152, eff. July 10, 2003; 35 Ill. Adm. Code 103.204. The People allege that
respondents violated Sections 12(a), (d), and (f) of the Environmental Protection Act (Act) (415
ILCS 5/12(a), (d), (f) 2002) and 35 Ill. Adm. Code 302.203. The People further allege that
respondents violated these provisions by causing or allowing the discharge of storm water
containing silt or sediment; causing or allowing a water pollution hazard at a tributary to
wetlands; and discharging storm water without an National Pollutant Discharge Elimination
System permit. The complaint concerns respondents’ development of a residential site known as
Depot Landings in Antioch, Lake County.
On September 24, 2003, the People and respondents 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)
amended
by
P.A. 93-152, eff. July 10, 2003). This filing
is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)
amended
by
P.A. 93-
152, eff. July 10, 2003).
See
35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, the
respondents neither admit nor deny the violations alleged in the complaint and agree to pay a
total civil penalty of $12,500.
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) (2002)
amended
by
P.A. 93-152, eff. July 10, 2003); 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 2, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board