ILLINOIS POLLUTION CONTROL BOARD
    April 21, 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)
     
    OPINION AND 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). The Board provided notice of
    the stipulation, proposed settlement, and request for relief. The newspaper notice was published
    in the
    Wauconda Leader
    on March 4, 2005. 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).
     
     
      
     
    2
    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
    respondent’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)). The People and respondent have
    satisfied Section 103.302. Respondent neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $80,000. 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.
    Pinnacle Corporation d/b/a Town & Country Homes (respondent) must pay a civil
    penalty of $80,000 no later than May 25, 2005, which is the 30th day after the
    date of this order. Respondent must pay the civil penalty by certified check,
    money order, or wire transfer. The case number, case name, and respondent’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    Respondent must pay $40,000 of the civil penalty payable the to Illinois EPA and
    designated to the Illinois Environmental Protection Trust Fund. Respondent must
    send the certified check or money order for $40,000 to:
     
     
      
    Illinois Environmental Protection Trust Fund
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Respondent must pay $20,000 of the civil penalty payable the to Illinois EPA and
    designated to the Hazardous Waste Fund. Respondent must send the certified
    check or money order for $20,000 to:
     
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
     
      
     
    3
    5.
    Respondent must pay $20,000 of the civil penalty payable the to Illinois Attorney
    General’s Projects and Court Ordered Distribution Fund (801 Fund). Respondent
    must send the certified check or money order for $20,000 to:
     
    Michael C. Partee
    Assistant
    Attorney
    General
    Environmental
    Bureau/North
     
    188 W. Randolph St., 20th Floor
     
    Chicago, Illinois 60601
     
    6
    A copy of each certified check, money order, or electronic funds transfer and any
    transmittal letter shall be sent to:
     
    Michael C. Partee
     
    Assistant Attorney General
    Environmental
    Bureau
     
    188 W. Randolph St., 20th Floor
     
    Chicago, Illinois 60601
     
    Charles Gunnarson
    Assistant Counsel
    Illinois Environmental Protection Agency
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    7.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    8.
    Respondent must cease and desist from the alleged violations.
     
    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.
     
      
     
    4
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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