ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Petitioner,
     
    v.
     
    PINNACLE CORPORATION d/b/a
    TOWN & COUNTRY HOMES,
     
    Respondent.
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    PCB 04-138
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On February 2, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a five-count complaint against the Pinnacle Corporation d/b/a
    Town & Country Homes (respondent).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
    103.204. The People allege that respondent violated Sections 12(a), (c), (f), 15(a), and 18(a) of
    the Environmental Protection Act (Act) (415 ILCS 5/12(a), (c), (f), 15(a), and 18(a) (2002)) and
    35 Ill. Adm. Code 309.102(a), 309.202(a), 602.101(a), and 652.101(a). The People further
    allege that respondent violated these provisions by disturbing wetlands, providing inadequate
    erosion control, pumping stormwater into the wetlands, and failing to obtain requisite sewer and
    public water supply permits. The complaint concerns respondent’s residential construction site
    at Gilmer Road in Wauconda, Lake County.
     
    On February 22, 2005, the People filed a motion to amend the complaint and indicated
    that the respondent does not object to the filing of the amended complaint. Mot. at 3. The
    amended complaint adds violations, which have occurred since the filing of the original
    complaint. The Board accepts the amended complaint. The amended complaint is a nine-count
    complaint which alleges that respondent violated Sections 12(a), (b), (c), (d), (f), 15(a), and 18(a)
    of the Act (415 ILCS 12(a), (b), (c), (d), (f), 15(a), and 18(a) (2002)) and 35 Ill. Adm. Code
    302.203, 304.106, 309.102(a), 309.202(a), 602.101(a), and 652.101(a).
     
    Also on February 22, 2005, the People and respondent 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, the respondent neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $80,000.
     
    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
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 3, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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