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named Spring Creek Meadows L.L.C. (Spring Creek). Spring Creek was created in part to

develop the residential subdivisions of Winchester Hills, Wexford Place, and Wyndridge in

Machesney Park, Winnebago County that are the subject matter of this complaint. The Board

docketed the complaint as PCB 06-103, and accepted the complaint for hearing on January 5,

2006. The Board consolidated PCB 05-215 with PCB 06-103 on February 2, 2006.

On May 18, 2007, the People and the sole remaining respondent, First Rockford, 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) (2006)). This filing is

authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)), which requires that the

public have an opportunity to request a hearing whenever the State and a respondent propose

settling an enforcement action without a public hearing.

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

on June 13, 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) (2006); 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.

See

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 First Rockford’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) (2006)), which bears on the

reasonableness of the circumstances surrounding the alleged violations. The People and First

Rockford have satisfied Section 103.302. Under the proposed stipulation, First Rockford admits

the violations alleged in the PCB 05-215 complaint. First Rockford neither admits nor denies the

violations alleged in the PCB 06-103 complaint. The stipulation also addresses the factors of

Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil

penalty amount. First Rockford agrees to pay a civil penalty of $35,000. In addition, First

Rockford will perform a Supplemental Environmental Project (SEP) requiring a $20,000

contribution to Rockford School District #205 for its use in retrofitting school bus emissions

systems, including the installation of particulate filters on busses to reduce nitrogen oxide

emissions. 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.

First Rockford must pay a civil penalty of $35,000 no later than August 13, 2007,

which is the first business day following the 30th day after the date of this order.

First Rockford must pay the civil penalty by certified check or money order,

payable to the Illinois Environmental Protection Agency, designated to the Illinois

Environmental Protection Trust Fund. The case number, case name, and First

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Rockford’s federal employer identification number must be included on any

certified check or money order.

3.

First Rockford must submit payment of the civil penalty to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

First Rockford must send a copy of the certified check or money order and any

transmittal letter to:

Nancy J. Tikalsky

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Floor

Chicago, Illinois 60601

4.

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2006)).

5.

No later than August 13, 2007, which is the first business day following the 30th

day after the date of this order, First Rockford must submit the sum of $20,000 to

Rockford School District #205 for its use in retrofitting its school buses to reduce

particulate matter and nitrous oxide emissions. First Rockford must pay the

$20,000 by check, payable to Rockford School District #205.

6.

First Rockford must submit payment of the $20,000 to:

Dr. Dennis Thompson

Superintendent

Rockford School District #205

201 South Madison Street

Rockford, Illinois 61104

First Rockford must send a copy of the check and any accompanying cover letter

to:

Nancy J. Tikalsky

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Floor

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Chicago, Illinois 60601

7.

First Rockford 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) (2006);

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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on July 12, 2007, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board