ILLINOIS POLLUTION CONTROL BOARD
    March 17, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    YOUSSI REAL ESTATE AND
    DEVELOPMENT, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 05-60
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On September 27, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Youssi Real Estate and Development, Inc.
    (Youssi).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
    Youssi violated Section 12(f) of the Environmental Protection Act (Act) and Section 309.103 of
    the Board’s regulations. 415 ILCS 5/12(f); 35 Ill. Adm. Code 309.103. The People further
    allege that Youssi violated these provisions by failing to obtain a National Pollutant Discharge
    Elimination System (NPDES) stormwater discharge permit for Phase II construction activities.
    The complaint concerns development and construction activities at Youssi’s 72.2 acre parcel of
    land called Prairie Meadow subdivision. The development is located at the corner of Dawson
    Lake Road and Caledonia Road in the Village of Timberlane, Boone County.
     
    On March 10, 2005, the People and Youssi 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
    Youssi admits the alleged violations and agrees to pay a civil penalty of $5,000.
     
    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
    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 March 17, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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