ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
KURT CARLSON,
Respondent.
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PCB 07-1
(Enforcement - Water)
ORDER OF THE BOARD (by N.J. Melas):
On July 3, 2006, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a three-count complaint against Mr. Kurt Carlson.
See
415 ILCS
5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Mr. Carlson is the owner and developer of the
residential subdivision known as Park Valley. Park Valley is located along McFarland Road in
the City of Loves Park, Winnebago 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 to enforce
Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2004); 35 Ill.
Adm. Code 103. In this case, the People allege that Mr. Carlson violated Section 12(a), 12(d),
and 12(f), of the Act (415 ILCS 5/12(a), (d), and (f) (2004)) by: causing or allowing water
pollution, failing to comply with his National Pollutant Discharge Elimination System (NPDES)
stormwater permit, and creating a water pollution hazard. In the complaint, the People allege
that Mr. Carlson failed to implement adequate erosion controls, failed to implement stormwater
pollution prevention plans for the Park Valley site, and failed to submit required noncompliance
reports from September 23, 2004 to at least February 2005. The People ask the Board to order
Mr. Carlson to cease and desist from further violation and pay a civil penalty of $50,000 per
violation and $10,000 for each day the violations continued.
On November 20, 2006, the People and Mr. Carlson 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
Rockford Register Star
on December 18, 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
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stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Mr. Carlson’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)). The People and Mr. Carlson have
satisfied Section 103.302. Under the proposed stipulation, Mr. Carlson neither admits nor denies
the alleged violations and agrees to pay a civil penalty of $22,000.
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.
Mr. Kurt Carlson must pay a civil penalty of $22,000 no later than February 25,
2007, which is the 30th day after the date of this order. Mr. Carlson must pay the
civil penalty by a certified check or money order, payable to the Environmental
Protection Trust Fund. The case number, case name, and Mr. Carlson’s social
security number or federal employer identification number must be included on
the certified check or money order.
3.
Mr. Carlson must send the certified check or money order and any transmittal
letter 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 or money order and any submittal letter must be sent to:
Vanessa A. Vail
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
James Day
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
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.
Mr. Carlson 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
