BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
FIRST ROCKFORD GROUP, INC., an Illinois
)
PCB 06-103
corporation,)
Respondent.)
NOTICE OF FILING
TO:
See Attached Service List.
PLEASE TAKE NOTICE that today, January
5,
2006, the People of the State of Illinois
tiled with the Illinois Pollution Control Board by electronic filing a Motion to Consolidate PCB
06-103 with PCB 05-215, true and correct copies of which are attached and hereby served upon
you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
BRIDGE
AR
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0608
Date: January 5, 2006
THIS FILING IS SUBMI'TTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
SERVICE LIST
Mr. John P. Malburg
Heritage Engineering
Ltd.
345
Executive Parkway
Suite MI
Rockford, Illinois 61125
Mr. James E. Stevens
Barrick,
Switzer, Long, Balsley & Van Evera
One
Madison Street
Rockford, Illinois 61104
Mr. Charles Heisten
Hinshaw & Culbertson
100 Park Avenue
Rockford, Illinois 61105
Mr. Jack D. Ward
Reno, Zahm, Folgate, Lindberg & Powell
2902 McFarland Road
Suite 400
Rockford, Illinois 61107
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
FIRST ROCKEORD GROUP, INC., an Illinois
)
PCB 06-103
corporation,)
Respondent.)
COMPLAINANT'S MOTION TO CONSOLIDATE
PCB 06-103 WITH PCB 05-215
Complainant, People of the State of Illinois, by LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, hereby respectfully moves the Illinois Pollution
Control Board to consolidate PCB 06-103 with PCB 05-215, and in support thereof states
as follows:
The Illinois Pollution Control Board ("Board") has the authority to consolidate
proceedings for the purpose of hearing, decisions or both.
35 IIl.Adm.Code
101.406.
The Board will consolidate proceedings if consolidating is in the interest of convenient,
expeditious and complete determination of claims and if consolidation would not cause
material prejudice to any party.
The Board will not consolidate proceedings where the
burdens of proof vary.
35 Ill.Adm.Code 101.406.
The Complaint in PCB 05-215 contains two counts.
The first count is alleged
against four Respondents
for the construction of potable water lines without a permit.
The four Respondents include First Rockford Group Inc., the Village of Cherry Valley,
Heritage Engineering Ltd. and Schlichting and Sons Excavating Inc.
The second count is
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
alleged against only the Village of Cherry Valley, as official custodian of a community
water supply, for allowing the construction of a potable water line prior to obtaining a
construction permit.
On September 26, 2005, the Complainant and Heritage Engineering Ltd. filed a
Stipulation and Proposal for Settlement with Heritage Engineering Ltd. in PCB 05-215
with the Board.
The Board accepted the Stipulation and Proposal for Settlement with
Heritage Engineering Ltd. on November 3, 2005.
Respondent Heritage Engineering Ltd.
would not be prejudiced by the consolidation of these matters.
On December 23, 2005, the Complainant and the Village of Cherry Valley filed a
Stipulation and Proposal for Settlement with Heritage Engineering Ltd. in PCB 05-2 15
with the Board.
The Complainant has not received a response from the Board regarding
this Stipulation as of the date of this Motion.
Respondent Village of Cherry Valley
would not be prejudiced by the consolidation of these matters.
The Complainant and Respondent, Schlichting and Sons, have verbally agreed to
settlement terms regarding PCB 05-215.
Complainant anticipates filing a Stipulation and
Proposal for Settlement with Schlichting and Sons with the Board.
Respondent
Schlichting and Sons would not be prejudiced by the consolidation of these matters.
The Complaint in PCB 06-103 was filed on December 15, 2005, and contains
nine counts alleged against Respondent First Rockford Group Inc.
The Complainant and Respondent, First Rockford Group Inc., have reached
settlement terms regarding both Complaints PCB 05-215 and PCB 06-103.
The terms
include Respondent First Rockford Group Inc.'s payment of a single civil penalty and its
completion of a Supplemental Environmental Project.
To separate the settlement termns
2.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
between the two matters would be ineffective and cause duplication of time and effort on
behalf of both parties and the Board.
The factual and legal issues in matters PCB 05-215
and PCB 06-103 include the same Respondent and can be incorporated into one
Stipulation and Proposal for Settlement to completely determine the claims.
PCB 05-2 15 involves allegations against Respondent First Rockford Group Inc.
for construction of a potable water line without a permit.
PCB 06-103 includes
allegations against Respondent First Rockford Group Inc. of water pollution, creating a
water pollution hazard and violations of National Pollutant Discharge Elimination System
("NPDES") permit requirements.
The burdens of proof are the same as both are
enforcement cases.
Respondent First Rockford Group Inc. would not be prejudiced by
the consolidation of these matters.
In fact, consolidating these two matters is in the
interest of convenient, expeditious and complete determination of claims for both the
Complainant and the Respondent First Rockford Group Inc.
PCB 05-2 15 was filed on June 15, 2005, and has been the subject of ongoing
litigation.
The Board has not made any substantive rulings in the PCB 05-2 15 case
regarding the allegations against Respondent First Rockford Group Inc. and Respondent
First Rockford Group Inc. has not answered that Complaint.
PCB 06-103 was filed on December 15, 2005, and Respondent First Rockford
GrouplInc.'s answer to the Complaint is not due until February 15, 2006.
If the matters
are not consolidated, the parties will be prejudiced in that the par-ties will need to
duplicate their efforts at resolving these matters.
WHEREFORE, Complainant, People of the State of Illinois, respectfully requests
that the Board grant its Motion to Consolidate PCB 05-215, People of the State of Illinois
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
v. First Rockford Group Inc.. Village of Cherry Valley. Heritagec Engineering Ltd and
Schlichting and Sons, and PCB 06-103, People of the State of Illinois v. First Rockford
Group Inc.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
BRIDGET
WCALO
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0608
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
CERTIFICATE OF SERVICE
I, BRIDGET M. CARLSON, an Assistant Attorney General, certify that on the 5th day of
January 2006, I caused to be served by First Class Mail the foregoing Motion to Consolidate
PCB 06-103 with PCB 05-215 to the parties named on the attached Service List, by depositing
same
in
postage prepaid envelopes with the United States Postal Service located at 1 00 West
Randolph Street, Chicago, Illinois 60601.
BRlDGTMC
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
