ILLINOIS POLLUTION CONTROL BOARD
November 2, 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 06-178
(Enforcement - Water)
GALENA HILLSIDE HOMES, INC ., an
)
Illinois corporation,
)
Respondent .
)
OPINION AND ORDER OF THE BOARD (by G .T
. Girard) :
On May 24, 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
Galena Hillside Homes, Inc . (Galena Hillside Homes) . See
415 ILCS 5/31(c)(1) (2004); 35 III .
Adm
. Code 103.204. The complaint concerns Galena Hillside Homes' excavation and
harvesting of topsoil from 3 .6 acres of land off Posey Road in the east half of Section 36,
Township 29 North, Range 1 East, in Jo Daviess County.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
General and the State's Attorneys may bring actions before the Board to enforce Illinois'
environmental requirements on behalf of the People . See
415 ILCS 5/31 (2004) ; 35 111 . Adm.
Code 103 . In this case, the People allege that, during specified times between April 2005 and
January, 2006, Galena Hillside Homes violated Section 12(a), (d),
and (f) of the Act (415 ILCS
5/12(a),
(d), and (f) (2004)) and 35 Ill . Adm. Code 309 .102(a). The People further allege that
Galena Hillside Homes violated these provisions by (1) causing, threatening, or allowing water
pollution; (2) creating a water pollution hazard ; and (3) failing to obtain a National Pollutant
Discharge Elimination System (NPDES) stormwater discharge permit .
On September 25, 2006, the People and respondent 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) . The Board provided notice of
the stipulation, proposed settlement, and request for relief from hearing
. The Board published
newspaper notice in the Galena Gazette on October 4, 2006
; any timely hearing request was due
to be filed October 25, 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 III . 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
2
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
. 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 .
Under the proposed stipulation, respondent Galena Hillside Homes admits the alleged
violations, and agrees to pay a total civil penalty of $10,000
. The People assert this penalty will
serve to deter further violations and aid in future voluntary compliance with the Act and Board
regulations.
The People and respondent Galena Hillside Homes 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
I .
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
The respondent, Galena Hillside Homes, must pay a civil penalty of $ 10,000
.
Payment must be made no later than December 4, 2006, which is the first business
day after the 30th day after the date of this order
. Respondent's attorney of record
must pay the civil penalty by certified check, money order, or electronic funds
transfer, payable to the Illinois Environmental Protection Agency, designated to
the Environmental Protection Trust Fund
. The case number, case name, and
respondent's federal employer identification number must be included on the
certified check, money order, or electronic funds transfer statement
.
3 .
Respondent, through its attorney of record, must send the certified check, money
order, or electronic funds transfer to the indicated address
:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
4.
Respondent, through its attorney of record, must send a copy of the certified
check, money order, or electronic funds transfer and any transmittal letter to the
following persons at the indicated addresses
:
Stephen J . Sylvester
Assistant Attorney General
Environmental Bureau
3
188 W
. Randolph St ., 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.
Respondent 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
. 172 111. 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
. 35 111
. 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 November 2, 2006, by a vote of 4-0
.
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
