ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ROGERS DEVELOPMENT COMPANY, an
    Illinois corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 04-227
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 30, 2004, the Office of the Attorney Gene
    rs’ residential development at
    to settle without a public hearing. For the
    ovide public notice of the parties’ stipulation,
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People allege that Rogers violated Section 12(f) of the Act (415 ILCS
    5/12(f) (2002)) by failing to in
    when excessive erosion was evident at its site, in violation of the general National Pollutant
    Discharge Elimination System (NPDES) permit for construction site activities.
     
    On September 22, 2004, the People and Rogers 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 authori
    zed by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Rogers
    admits the alleged violation and agrees to pay a civil penalty of $5,000, which the parties
    stipulate is at least as great as Rogers’ economic benefit from delayed compliance.
     
    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
     
    2
    hearing.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 7, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top