ILLINOIS POLLUTION CONTROL BOARD
April 20, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
HOME DEPOT U.S.A., INC., a Delaware
corporation,
Respondent.
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PCB 05-168
(Enforcement - Public Water Supply)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 15, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Home Depot U.S.A., Inc. (Home Depot).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Home Depot’s
construction of a water main during construction of retail store number 1989 at 143rd and Bell
Road, Homer Township, Will County.
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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 Home Depot violated Section 15(a) of the
Environmental Protection Act (415 ILCS 5/15(a) (2004)) and 35 Ill. Adm. Code 602.101(a). The
People further allege that Home Depot violated these provisions by failing to obtain a
construction permit prior to construction of a water main.
On March 14, 2006, the People and Home Depot 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
Herald News
on March 22, 2006. The Board did not receive any requests for hearing. The
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This same installation is or was the subject of other pending or settled enforcement actions:
People v. STS Consultants, Ltd., PCB 05-48 (settlement accepted by an order dated April 6,
2006); People v. Illinois-American Water Company, PCB 06-15 (settlement accepted by an order
dated March 16, 2006); and People v. Weis Builders, Inc., PCB 06-44 (settlement accepted by an
order dated January 5, 2006).
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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
Home Depot’s 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.
Home Depot neither admits nor denies 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. Home Depot agrees to pay a civil penalty of $15,000,
which the parties stipulate negates any economic benefit derived from delayed compliance. The
People further assert will serve to deter further violations and aid in future voluntary compliance
with the Act and Board regulations. Home Depot further agrees undertake a supplemental
environmental project (SEP). Home Depot agrees as the SEP to pay $15,000 to the Village of
Homer Glen for use in constructing an off-road multi-use trail system and trailhead.
The People and Home Depot 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. Home Depot must pay a civil penalty of $15,000 no later than May 20, 2006,
which is the first business day after the 30th day after the date of this order.
Home Depot 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 Home Depot’s social security number or federal
employer identification number must be included on the certified check or money
order.
3. Home Depot 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
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4. Home Depot must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to the following person at the
indicated address:
Zemeheret Bereket-Ab, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
5. 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)).
6. Home Depot must undertake a SEP no later than May 20, 2006, which is the first
business day after the 30th day after the date of this order. Home Depot must pay
the Village of Homer Glen $15,000 for use in constructing an off-road, multi-use
trail system and trailhead. Home Depot must pay the SEP by certified check,
money order, or electronic funds transfer, payable to the Village of Homer Glen.
The case number, case name, and Home Depot’s social security number or federal
employer identification number must be included on the certified check or money
order.
7. Home Depot must send the certified check, money order, or electronic funds
transfer for the SEP to the following person at the indicated address:
Dwight Johnson, Village Manager
Village of Homer Glen
14331 South Golden Oak Drive
Homer Glen, Illinois 60491
8. Home Depot 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
