ILLINOIS POLLUTION CONTROL BOARD
October 20, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GREG RUDEEN, individually and d/b/a
ROCK RIVER TOWNHOMES and d/b/a
RUDEEN AND ASSOCIATES,
Respondent.
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PCB 05-200
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On May 23, 2005, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Greg Rudeen, individually and d/b/a Rock River
Townhomes and d/b/a Rudeen and Associates.
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm.
Code 103.204. The complaint concerns Greg Rudeen’s residential development at the
intersection of Clifford Avenue and Park Ridge Road, Loves Park, Winnebago 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
. (2004)), 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 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Greg Rudeen violated Sections 12(a), (d), and (f)
of the Act (415 ILCS 5/12(a), (d), and (f) (2004)) and 35 Ill. Adm. Code 309.102(a) by (1)
causing, threatening, or allowing water pollution; (2) creating a water pollution hazard; and (3)
prematurely terminating coverage under the general National Pollutant Discharge Elimination
System permit for storm water discharges from construction activities before soil and sediment
were fully stabilized.
On September 9, 2005, the People and Greg Rudeen 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)), 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
d provided notice of the stipulation,
proposed settlement, and request for relief from hearing. The Board published newspaper notice
in the
Rockford Register Star
on September 21, 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).
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
Greg Rudeen’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) (2004)), which bears on the reasonableness of
the circumstances surrounding the alleged violations.
Greg Rudeen admits the alleged violations. The stipulation also addresses the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount. Greg Rudeen agrees to pay a civil penalty of $8,000.
The People and Greg Rudeen 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. Greg Rudeen must pay a civil penalty of $8,000 no later than November 21, 2005,
which is the first business day after the 30th day after the date of this order. Greg
Rudeen 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 Greg Rudeen’s social security number or federal
employer identification number must be included on the certified check or money
order.
3. Greg Rudeen 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. Greg Rudeen must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to the following persons at the
indicated addresses:
3
Jennifer A Thomas, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
James Day, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
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)).
6.
Greg Rudeen 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) (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 20, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
