ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FIRST ROCKFORD GROUP, INC.,
    VILLAGE OF CHERRY VALLEY, and
    SCHLICHTING AND SONS EXCAVATING,
    INC.,
     
    Respondents.
    ______________________________________
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 05-215
    (Enforcement - Land)
     
     
     
     
     
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FIRST ROCKFORD GROUP, INC., an Illinois
    corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
    PCB 06-103
    (Enforcement - Land)
    (Consolidated)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 15, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a one-count complaint against First Rockford Group, Inc. (First
    Rockford), Heritage Engineering, Ltd., and Schlichting & Sons Excavating, Inc. (collectively,
    respondents), and a two-count complaint against Village Of Cherry Valley (Cherry Valley). The
    Board accepted the complaint on July 7, 2005, and docketed the matter as PCB 05-215.
    1
     
     
    In the complaint of PCB 05-215, the People allege that respondents and Cherry Valley
    violated Section 15 of the Environmental Protection Act (Act) (415 ILCS 5/15 (2004)), and
    provisions of the Board’s rules at 35 Ill. Adm. Code 602.101(a). In the second count of the
    1
    On September 26, 2005, the People and one of the respondents, Heritage Engineering, Ltd.
    (individually, Heritage), filed a stipulation and proposed settlement, accompanied by a request
    for relief from the hearing requirement. The Board accepted that stipulation and settlement
    agreement by an order dated November 3, 2005. People v. First Rockford Group, Inc., Village
    of Cherry Valley, Heritage Engineering, Ltd., and Schlichting & Sons Excavating, Inc., PCB 05-
    215 (Nov. 3, 2005). The caption in PCB 05-215 has been changed to reflect that acceptance.
     
    2
    complaint, the People allege that Cherry Valley violated Section 15 of the Act (415 ILCS 5/15
    (2004)) and the Board’s rules at 35 Ill. Adm. Code 602.101(a) and 652.101(a). The People
    allege that respondents and Cherry Valley violated these provisions by constructing and
    installing potable water lines at the Golf Hill subdivision in Cherry Valley, Winnebago County.
     
    On December 15, 2005, the People filed a complaint against First Rockford. The
    complaint concerns residential subdivisions developed by a corporation owned by First Rockford
    named Spring Creek Meadows L.L.C. (Spring Creek). Spring Creek was created in part to
    develop the residential subdivisions of Winchester Hills, Wexford Place, and Wyndridge in
    Machesney Park, Winnebago County, that are the subject matter of this complaint. The Board
    docketed the complaint as PCB 06-103, and accepted the complaint for hearing on January 5,
    2006.
     
    MOTION TO CONSOLIDATE
     
    On January 5, 2006, the People filed a motion to consolidate PCB 06-103 with PCB 05-
    215. In the motion, the People allege that settlement terms have been reached with First
    Rockford regarding PCB 05-215 and PCB 06-103. Mot. at 2. The People assert that the terms
    include First Rockford’s payment of a single penalty and the completion of a single supplemental
    environmental project (SEP).
    Id.
    The People argue that to separate the settlement terms between
    the two matters would be ineffective and cause duplication of time and effort on behalf of both
    parties and the Board. Mot. at 3.
     
    The People assert that Cherry Valley would not be prejudiced by the consolidation in
    light of the stipulation and proposal for settlement filed on December 23, 2005. Mot. at 2. The
    People assert that Schlichting and Sons would not be prejudiced by the consolidation as
    settlement terms regarding PCB 05-215 have been verbally reached between the People and
    Schlichting and Sons.
    Id.
    The People contend that 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, have identical burdens of proof, and would not result in
    any prejudice should the matters be consolidated. Mot. at 3.
     
    To date, no response to the motion to consolidate has been filed. If a party files no
    response to a motion within 14 days, the party will be deemed to have waived objection to the
    granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d).
     
    The Board has the authority to consolidate proceedings, and will do so 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. 35 Ill. Adm. Code 101.406. The
    Board finds that consolidation is appropriate in this instance, and grants the People’s motion.
    The consolidation is reflected in today’s caption.
     
    CHERRY VALLEY STIPULATION
     
    On December 23, 2005, the People and Cherry Valley filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
     
    3
    of the Act (415 ILCS 5/31(c)(1) (2004)). Under the proposed stipulation, Cherry Valley admits
    the alleged violations and agrees to pay a civil penalty of $14,500.
     
    The Board provided notice of the stipulation, proposed settlement, and request for relief
    from hearing. The Board published newspaper notice in the
    Rockford Register-Star
    on
    January 5, 2006. 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 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, Cherry Valley admits the violations alleged in the complaint, and
    agree to pay a civil penalty. The stipulation also addresses the factors of Section 42(h) of the Act
    (415 ILCS 5/42(h) (2004),
    as amended by
    P.A. 93-575, (eff. Jan. 1, 2004), which may mitigate
    or aggravate the civil penalty amount. The People determined that a civil penalty of $14,500 was
    appropriate.
     
    The People and Cherry Valley 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 Village Of Cherry Valley (Cherry Valley) must pay a civil penalty of $14,500
    within 30 days from the date of this order.
     
    3. Cherry Valley 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
    respondents.
    4. Cherry Valley must submit the certified check, money order or electronic funds
    transfer to:
     
     
     
    4
    Illinois Environmental Protection Agency
    Fiscal Services Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    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:
     
    Ms. Bridget Carlson
    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. Cherry Valley 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) (2000);
    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 February 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top