ILLINOIS POLLUTION CONTROL BOARD
    July 20, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MEIJER STORES LIMITED PARTNERSHIP,
    a Michigan partnership, and ROCKFORD
    CONSTRUCTION COMPANY, a Michigan
    corporation,
     
    Respondents.
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    PCB 07-2
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On July 5, 2006, the Office of the Attorney General, on her own motion and at the
    request of the People of the State of Illinois (People), filed a three-count complaint against
    Meijer Stores Limited Partnership and Rockford Construction Company (respondents).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Accompanying the complaint was a
    stipulation and proposal for settlement. The complaint concerns respondents’ construction in
    2004 and 2005 of a new Meijer retail store on 32.29 acres at 130 South Gary Avenue,
    Bloomingdale, DuPage County.
     
    The People allege that respondents violated Section 12(a), (d), and (f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), and (f) (2004)). The People further
    allege that respondents violated these provisions by (1) causing, threatening, or allowing water
    pollution by the discharge of storm water containing silt and eroded soil into the Bloomingdale
    sewer system; (2) failing to have and maintain adequate erosion and sediment control measures,
    so as to create a water pollution hazard; and (3) causing, threatening, or allowing the discharge of
    a contaminant into the environment in violation of conditions of its National Pollutant Discharge
    Elimination System stormwater discharge permit.
     
    On July 5, 2006, the People and respondents also 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 respondents admit the alleged violations and collectively agree to pay a total civil
    penalty of $85,000, with $60,000 to be paid by Meijer Stores Limited Partnership and $25,000 to
    be paid by Rockford Construction Company.
     
    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
     
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    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) (2000); 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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