ILLINOIS POLLUTION CONTROL BOARD
January 19, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SMITHFIELD PROPERTIES, L.L.C., an
Illinois limited liability company, WOOTON
CONSTRUCTION, LTD., an Illinois
corporation, and CHICAGO SUN-TIMES,
INC., a Delaware corporation,
Respondents.
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PCB 04-192
(Enforcement – Land, Water)
ORDER OF THE BOARD (by T.E. Johnson):
On May 5, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Smithfield Properties, L.L.C., Wooton
Construction, LTD., and
Chicago Sun-Times, Inc.
The complaint alleges that
Chicago Sun-
Times (Sun-Times)
violated Sections 12(a) and (d); and 57.6(a) of the Environmental Protection
Act (Act) (415 ILCS 5/12(a) and (d); 57.6(a) (2004)) and 35 Ill. Adm. Code 732.202(e). The
eleven-count complaint alleges that Smithfield Properties, L.L.C. (Smithfield) and Wooton
Construction, LTD (Wooton) violated Sections 12(a), 57.6(a), 57.7(a)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/12(a), 57.6(a), 57.7(a)(1) (2004)) and 35 Ill. Adm. Code
732.200; 732.202(a),(b),(d) and (e); 732.300(a); and 732.307(a).
The complaint alleges that the respondents failed to properly evaluate and comply with
reporting and response requirements, and caused, threatened or allowed water pollution at a site
located at 222 South Racine Avenue, Chicago, Cook County. The Board accepted the complaint
for hearing on May 20, 2004.
On October 26, 2005, the People and the
Sun-Times
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). These filings are authorized by Section 31(c)(2) of the
Act. 415 ILCS 5/31(c)(2) (2004).
See
35 Ill. Adm. Code 103.300(a). Respondents Smithfield
Properties, L.L.C and Wooton Construction, LTD are not party to the stipulation. Under the
proposed stipulation, the
Sun-Times
does not admit the violations alleged in the complaint, but
agrees to pay a civil penalty of $40,000.
The Board provided notice of the stipulation, proposed settlement, and request for relief
from hearing. The Board published newspaper notice in the
Chicago Sun-Times
on
November 21, 2005. The Board did not receive any requests for hearing. The Board grants the
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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 the
respondents’ 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.
As previously stated, the
Sun-Times
does not admit the violations alleged in the
complaint, but agrees to pay a civil penalty of $40,000. 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. The People determined that a civil penalty of $40,000 was appropriate.
The People and the
Sun-Times
have satisfied Section 103.302. 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.
The
Chicago Sun-Times (Sun-Times)
must pay a civil penalty of $40,000 within
30 days from the date of this order.
3.
The
Sun-Times
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 respondents’ federal employer identification or
social security numbers must be included on the certified check or money order.
If submitting an electronic funds transfer to the Agency, the electronic funds
transfer must be made in accordance to the specific instructions provided to the
Sun-Times.
4.
The
Sun-Times
must submit the certified check, money order or electronic funds
transfer to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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5.
A copy of the certified check, money order or record of the electronic funds
transfer and any transmittal letter must be sent to the following:
Mr. Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20
th
Floor
Chicago, Illinois 60601
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.
The
Sun-Times
must cease and desist from the alleged violations.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
