ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VALLEY RUN STONE, a Division of
    AVERY GRAVEL CO., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-6
    (Enforcement - Air)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 11, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Valley Run Stone, a Division of Avery Gravel Co.,
    Inc. (Valley Run Stone).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that Valley Run Stone violated Sections 9(b), 9.1(d), and 39.5(6)(b) of the
    Environmental Protection Act (Act), Sections 201.142 and 201.143 of the Board’s regulations,
    and several federal regulations implementing the federal Clean Air Act, which are enforceable
    under the Section 9.1(d) of the Act. 415 ILCS 5/9(b), 9.1(d), and 39.5(6)(b) (2002); 35 Ill. Adm.
    Code 201.142 and 201.143; 40 C.F.R. 52.21(i)(l), (k), (m), and (n). The People further allege
    that Valley Run Stone violated these provisions by failing to obtain a construction permit, failing
    to comply with preconstruction prevention of significant deterioration standards, failure to obtain
    an operating permit, and failing to obtain a Clean Air Act permit. The complaint concerns
    Valley Run Stone’s construction of a natural gas-fired power generation engine at its quarry
    located in Lisbon, Kendall County.
     
    On October 14, 2003, the People and Valley Run Stone 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). Under the proposed
    stipulation, Valley Run Stone neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $24,500.
     
    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); 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 November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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