ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
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)
OPINION AND 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 complaint concerns Tres Amigos Property’s construction site at 3100 South
Dirksen Parkway, in Springfield, Sangamon 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. 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.
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). The Board
provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
notice was published in the
State Journal Register
on December 21, 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).
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
Tres Amigos Properties’ 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)). The People and Tres
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Amigos Properties have satisfied Section 103.302. Under the proposed stipulation, Tres Amigos
Properties neither admits nor denies the alleged violations and agrees to pay a civil penalty of
$5,000.
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.
Tres Amigos Properties, LLC (Tres Amigos Properties) must pay a civil penalty
of $5,000 no later than February 25, 2007, which is the 30th day after the date of
this order. Tres Amigos Properties must pay the civil penalty by a certified check,
money order or electronic funds payable to the Illinois Environmental Protection
Agency, designated to the Environmental Protection Trust Fund. The case
number, case name, and Tres Amigos Properties’ social security number or
federal employer identification number must be included on the method payment.
3.
Tres Amigos Properties must submit the certified check, money order or transfer
of electronic funds to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Copies of the check, money order, or transfer of electronic funds must be sent to:
Peggy Poitevint
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
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
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set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Tres Amigos Properties 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 January 26, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
