ILLINOIS POLLUTION CONTROL BOARD
    January 5, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BARRY HAYDEN d/b/a HAYDEN
    PROPERTIES,
     
    Respondent.
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    PCB 05-214
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On June 14, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Barry Hayden.
    See
    415 ILCS 5/31(c)(1) (2004); 35
    Ill. Adm. Code 103.204. The complaint concerns Barry Hayden’s Cedar Creek residential
    subdivision development at State route 158 and Biehl Road, St. Clair 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 Barry Hayden violated Section 12(a) and (f) of the
    Act (415 ILCS 5/12(a) and (f) (2002)) by (1) causing, threatening, or allowing water pollution;
    and (2) discharging pollutants inhout a National Pollutant Discharge
    Elimination System permit.
     
    On November 21, 2005, the People and Barry Hayden 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
    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
    Belleville News-Democrat
    on November 24, 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
    Barry Hayden’s operations. Section 103.302 also requires that the parties stipulate to facts called
     
    2
    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.
     
    Barry Hayden 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. Barry Hayden agrees to pay a civil penalty of $3,500, which the parties
    stipulate will serve to deter further violations and aid in future voluntary compliance. The
    stipulation also contains a detailed compliance program and provides for stipulated additional
    penalties if the various stated compliance dates are missed.
     
    The People and Barry Hayden 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. Barry Hayden must pay a civil penalty of $3,500 no later than February 6, 2006,
    which is the first business day after the 30th day after the date of this order. Barry
    Hayden 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 Barry Hayden’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Barry Hayden must undertake certain actions to achieve and demonstrate
    compliance as described and according to the timetables described in section B
    “Compliance Plan,” paragraphs 1 through 9 of section VIII, “Terms of
    Settlement,” in the Stipulation and Proposal for Settlement.
     
    4. Barry Hayden 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
     
    5. Barry Hayden 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
    Kristen Laughridge, Assistant Attorney General
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62706
     
    Joey-Logan Wilkey, Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Street
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    6.
    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)).
     
    7.
    Barry Hayden 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 January 5, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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