ILLINOIS POLLUTION CONTROL BOARD
June 1, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
OSBORN DEVELOPMENT COMPANY, an
Illinois corporation,
Respondent.
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PCB 06-46
(Enforcement - Water)
OPINION AND 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 complaint against Osborne Homes, Inc.; now known as Osborn
Development Company (Osborn).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204.
The complaint concerns Osborn’s Parkside Commons Development multi-family residential
development at Sir Lancelot Drive east of Keebler Road, in Collinsville, Madison County. 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 Osborn violated Section 12(c) of the Act (415
ILCS 5/12(c) (2004)) and 35 Ill. Adm. Code 309.202(a). The People further allege that Osborn
violated these provisions by constructing a sanitary sewer system without a permit.
1
On April 13, 2006, the People and Osborn 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
Collinsville Herald Journal
on April 23, 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).
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
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
Osborn’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.
Osborn 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. Osborn agrees to pay a civil penalty of $15,000, which the
People assert will serve to deter further violations and aid in future voluntary compliance with
the Act and Board regulations.
The People and Osborn 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.
Osborn must pay a civil penalty of $15,000 no later than July 3, 2006, which is
the first business day after the 30th day after the date of this order. Osborn 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 Osborn’s social security number or federal employer identification
number must be included on the certified check or money order.
3.
Osborn 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
4.
Osborn 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:
Kristen Laughridge, Assistant Attorney General
Environmental Bureau
500 South Second Street
3
Springfield, Illinois 62702
Joey Logan-Wilkey, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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.
Osborn 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on June 1, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
