ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LAKE STREET DEVELOPMENT LLC,
     
    Respondent.
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    PCB 05-204
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 6, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a two-count complaint against Lake Street Development L.L.C. (Lake
    Street Development).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
    complaint concerns Lake Street Development’s construction project located on the corner of
    Lake Street and Central Street in Grayslake, Lake County.
     
    The People allege that Lake Street Development violated Sections 12(a), (b), and (f) of
    the Environmental Protection Act (Act) (415 ILCS 5/12(a), (b), and (f) (2004)) and 35 Ill. Adm.
    Code 309.102(a) and 309.202(a). The People further allege that Lake Street Development
    violated these provisions by (1) modifying a sanitary sewer without a construction permit; and
    (2) engaging in construction activities without a National Pollutant Discharge Elimination
    System stormwater discharge permit.
     
    On January 27, 2006, the People and Lake Street Development 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). Under the proposed
    stipulation, the Lake Street Development admits the alleged violations and agrees to pay a civil
    penalty of $25,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 2, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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