ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OSBORNE HOMES, INC., an Illinois
    corporation,
    Respondent.
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    PCB 06-46
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 3, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a one-count complaint against Osborne Homes, Inc. (Osborne
    Homes).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
    Osborne Homes’ Parkside Commons Development multi-family residential development at Sir
    Lancelot Drive east of Keebler Road, in Collinsville, Madison County.
    The People allege that Osborn Development Company violated Section 12(c) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(c) (2004)) and 35 Ill. Adm. Code
    309.202(a). The People further allege that Osborne Homes violated these provisions by
    constructing a sanitary sewer system without a permit.
    On April 13, 2006, the People and Osborn Development Company 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 Osborn Development Company neither admits nor denies the alleged violation
    but agrees to pay a civil penalty of $15,000.
    1
    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.
    1
    The People point out that earlier adjudicated violations involving Osborn Development
    Corporation were before the Board.
    See
    People of the State of Illinois v. Village of Maryville
    and Osborn Homes, Inc., PCB 00-32 (Feb. 1, 2001).
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 20, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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