ILLINOIS POLLUTION CONTROL BOARD
June 16, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PRAIRIE LANE DEVELOPMENT, L.L.C., an
Illinois corporation,
Respondent.
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PCB 04-225
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On June 23, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Prairie Lane Development, L.L.C. (Prairie Lane
Development).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint
concerns Prairie Lane Development’s 72.6-acre residential Prairie Lane Subdivision at Dawson
Lake Road and Caledonia Avenue, Timberlake, Boone 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 Prairie Lane Development violated Sections 12(a),
(d), and (f) of the Act (415 ILCS 5/12(a), (d), and (f) (2002)) and 35 Ill. Adm. Code 309.102(a),
by allowing unstabilized areas to remain unprotected from erosion by runoff control structures,
and thus causing, threatening, or allowing silt-laden stormwater runoff.
On April 12, 2005, the People and Prairie Lane Development 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
Belvidere Republican
on May 18, 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).
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
Prairie Lane Development’s operations. Section 103.302 also requires that the parties stipulate
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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.
Prairie Lane Development admits the alleged violations. The stipulation also addresses
the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002, State Bar Edition, 2003 Supp.),
which may mitigate or aggravate the civil penalty amount. Prairie Lane Development agrees to
pay a civil penalty of $11,000, which the parties stipulate is at least as great as Prairie Lane
Development’s economic benefit from delayed compliance, if any.
The People and Prairie Lane Development have satisfied Section 103.302. The Board
accepts the stipulation and proposed settlement. This docket is now closed.
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. Prairie Lane Development must pay a civil penalty of $11,000 no later than July
18, 2005, which is the first business day after the 30th day after the date of this
order. Prairie Lane Development must pay the civil penalty by certified check,
money order, or electronic funds transfer, payable to the Environmental
Protection Trust Fund. The case number, case name, and Prairie Lane
Development’s federal employer identification number, 36-4407180, must be
included on the certified check or money order.
3. Prairie Lane Development must send the certified check, money order, or
electronic funds transfer to the following person at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Prairie Lane Development must send a copy of the certified check, money order,
or record of electronic funds transfer and any transmittal letter to the following
person at the indicated address:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
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5.
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)).
6.
Prairie Lane Development 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on June 16, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
