ILLINOIS POLLUTION CONTROL BOARD
October 6, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PARAMOUNT DEVELOPERS, INC., an
Illinois corporation,
Respondent.
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PCB 04-84
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On November 24, 2003, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against Paramount Developers, Inc. (Paramount
Developers).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege
that Paramount Developers violated Section 12(a), (d) and (f) of the Environmental Protection
Act (Act) (415 ILCS 5/12(a), (d) and (f) (2004)) and 35 Ill. Adm. Code 306.102(a) and
309.146(a)(1) and (a)(2). The People further allege that Paramount Developers violated these
provisions by: (1) causing, threatening, or allowing erosion of loose dirt, and silt into storm
sewers that discharge into a pond and wetland area and the DuPage River; (2) causing or
allowing the deposition of contaminants on the land so as to create a water pollution hazard; (3)
failing to monitor its site, failing to improve and install adequate storm water controls, and
failing to submit required incident of noncompliance reports in compliance with general National
Pollutant Discharge Elimination System permit for storm water discharges from construction
activities; and (4) failing to construct and operate erosion control measures so as to minimize
violations of applicable standards during contingencies like flooding or adverse weather. The
complaint concerns Paramount Developers’ residential home development in Section 15,
Township 38 North, Range 10 East in Lisle, DuPage County.
On July 27, 2005, the People and Paramount Developers 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)).
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 Lisle Sun
on September 2, 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) (2004); 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
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Paramount Developers’ 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) (2004)). The People and
Paramount Developers have satisfied Section 103.302. Under the proposed stipulation, the
Paramount Developers neither admits nor denies the alleged violations and agrees to pay a civil
penalty of $12,000. 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.
Paramount Developers, Inc. (Paramount Developers) must pay a civil penalty of
$12,000 no later than November 5, 2005, which is the 30th day after the date of
this order. Paramount Developers must pay the civil penalty by certified check,
money order, or electronic funds, payable to Environmental Protection Trust
Fund. The case number, case name, and Paramount Developers’ social security
number or federal employer identification number must be included on the
certified check, money order, or record of electronic funds.
3.
Paramount Developers must send the certified check, money order, or record of
electronic funds transfer and any transmittal letter to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the certified check, money order, or record of electronic funds transfer
and any transmittal letter must be sent to:
George Theophilos
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Paramount Developers 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) (2004);
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 6, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
