ILLINOIS POLLUTION CONTROL BOARD
April 19, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CASTLE RIDGE ESTATES
INCORPORATED, an Illinois corporation,
Respondent.
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PCB 05-191
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On April 28, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Castle Ridge Estates Incorporated (Castle
Ridge).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that
Castle Ridge violated Section 12(a), (c), and (f) of the Environmental Protection Act (Act) (415
ILCS 5/12(a), (c), and (f) (2004)) and 35 Ill. Adm. Code 309.202(a). The People further allege
that Castle Ridge violated these provisions by: (1) undergoing construction at the site without
first obtaining coverage under a National Pollutant Discharge Elimination System general
stormwater discharge permit; (2) threatening or allowing the discharge of silt and other
contaminants into waters of the State so as to cause or tend to cause water pollution; and (3)
building a sewer collection system without a construction permit. The People ask the Board to
order Castle Ridge to cease and desist from further violation and pay a civil penalty in
accordance with the Act. The complaint concerns Castle Ridge’s 140-acre residential
development located two and a half miles south of Troy, in Madison County.
On March 7, 2007, the People and Castle Ridge 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
Times-Tribune
on March 15, 2007. 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
Castle Ridge’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 Castle Ridge have
satisfied Section 103.302. Under the proposed stipulation, the Castle Ridge neither admits nor
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denies the alleged violations but agrees to pay a civil penalty of $5,000. The Board accepts the
stipulation and proposed settlement.
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.
Castle Ridge Estates Incorporated (Castle Ridge) must pay a civil penalty of
$5,000 no later than May 21, 2007, which is the first business day after the 30th
day from the date of this order. Castle Ridge must pay the civil penalty by
certified check, money order, or electronic funds transfer, payable to the Illinois
Environmental Protection Agency and designated to the Environmental Protection
Trust Fund. The case number, case name, and Castle Ridge’s federal employer
identification number (FEIN) must be included on the certified check.
3.
Castle Ridge must send the certified check, money order, or electronic funds
transfer to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the certified check, money order, or record of electronic funds transfer
and any transmittal letter must be sent to:
P . Poitevint
Environmental Bureau
Office of the Attorney General
500 South Second Street
Springfield, Illinois 62702
Thomas Andryk
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
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
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5.
Castle Ridge 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 April 19, 2007, by a vote of 3-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
