ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    TRES AMIGOS PROPERTIES, LLC, an
    Illinois limited liability company,
    Respondent.
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    PCB 06-175
    (Enforcement - Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On May 18, 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 complaint against Tres Amigos
    Properties, LLC (Tres Amigos Properties).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code
    103.204. The People allege that Tres Amigos Properties violated Sections 12(b) and (f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(b) and (f) (2004)), and 35 Ill. Adm. Code
    309.102(a) and 309.154. The People further allege that Tres Amigos Properties violated these
    provisions by: (1) violating its National Pollution Discharge Elimination System (NPDES)
    stormwater management permit; and (2) failing to obtain a sewer construction permit. The
    complaint concerns Tres Amigos Property’s construction site at 3100 South Dirksen Parkway, in
    Springfield, Sangamon County.
    On November 3, 2006, the People and Tres Amigos Properties 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, Tres Amigos Properties neither admits nor denies the alleged violations and agrees to
    pay a civil penalty of $5,000.
    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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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