ILLINOIS POLLUTION CONTROL BOARD
October 21, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
THE FIELDS OF LONG GROVE HOME
OWNER’S ASSOCIATION, an Illinois
corporation,
Respondent.
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PCB 04-164
(Enforcement - Public Water Supply)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On March 18, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against the Fields of Long Grove Home Owner’s
Association (Fields of Long Grove).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
103.204. The complaint concerns the Fields of Long Grove’s public water supply facility north
of Lake Zurich, at Long Grove, in south-central Lake County. The parties now seek to settle.
For the reasons below, the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2002)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2002); 35 Ill. Adm.
Code 103. In this case, the People allege that the Fields of Long Grove violated Section 15(a)
and 18(a) of the Act (415 ILCS 5/15(a) and 18(a) (2002)) and 35 Ill. Adm. Code 602.101(a) and
602.102 by installing and operating a phosphate feed system and a chlorine chemical solution
tank without a permit.
On September 10, 2004, the People and the Fields of Long Grove 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)), 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). The Board provided notice of the
stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Lake Zurich Courier/Pioneer Press
on September 16, 2004. 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 the
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Fields of Long Grove’s 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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations.
The Fields of Long Grove neither admits nor denies the alleged violations. The
stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),
as
amended by
P.A. 93-575, (eff. Jan. 1, 2004), which may mitigate or aggravate the civil penalty
amount. The Fields of Long Grove agrees to pay a civil penalty of $3,000, which the parties
stipulate is at least as great as the Fields of Long Grove’s economic benefit from delayed
compliance, if any.
The People and the Fields of Long Grove have satisfied Section 103.302. The Board
accepts the stipulation and proposed settlement.
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. The Fields of Long Grove must pay a civil penalty of $3,000 no later than
November 20, 2004, which is the 30th day after the date of this order. The Fields
of Long Grove must pay the civil penalty by certified check or money order,
payable to the Environmental Protection Trust Fund. The case number, case
name, and the Fields of Long Grove’s federal employer identification number
must be included on the certified check or money order.
3. The Fields of Long Grove 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. The Fields of Long Grove must cease and desist from the alleged violations.
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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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on October 21, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
