ILLINOIS POLLUTION CONTROL BOARD
October 4, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FOUR S, LLC,
Respondent.
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PCB 08-15
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On August 20, 2007, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against Four S, LLC (respondent)
concerning respondent’s 13-acre tract of land referred to as “Madison County Commons” and
located along Highway 159 and Glenwood Drive in Madison County. The parties now seek to
settle without a hearing. For the reasons below, the Board accepts the parties’ stipulation and
proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that respondent violated Section 309.102(a) of the Board’s water
pollution regulations (35 Ill. Adm. Code 309.102(a)) and Section 12(f) of the Act (415 ILCS
5/12(f) (2006)) by causing or allowing or threatening the discharge of contaminants into waters
of the State in violation of its National Pollutant Discharge Elimination System (NPDES) permit
and failing to maintain adequate erosion controls at its site to prevent silt-laden storm water
discharges as required by its NPDES permit. The People also allege that respondent caused or
allowed the discharge of silt from the site into waters of the State so as to cause or tend to cause
water pollution by creating a nuisance. By so causing and threatening to cause water pollution,
the People maintain, and by violating Section 302.203 of the Board’s water quality standards (35
Ill. Adm. Code 302.203), respondent violated Section 12(a) of the Act (415 ILCS 5/12(a)
(2006)).
On August 20, 2007, the People and respondent filed with the complaint 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
Edwardsville Intelligencer
on August 27, 2007. The Board did not receive any requests for
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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 respondent’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. Respondent does not
affirmatively admit the alleged violations. 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. Respondent agrees to pay a civil penalty of $2,500. Respondent also agrees to make
three donations totaling $2,565 to the Madison County Soil and Water Conservation District for
specified Supplemental Environmental Projects. The People and respondent have satisfied
Section 103.302. 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.
Respondent must pay a civil penalty of $2,500 no later than November 5, 2007,
which is the first business day following the 30th day after the date of this order.
Respondent must pay the civil penalty by certified check to the Illinois
Environmental Protection Agency, designated to the Illinois Environmental Trust
Fund. The case name and number must appear on the certified check.
3.
Respondent 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, IL 62794-9276
Respondent must send a copy of the certified check to:
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
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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.
Respondent must cease and desist from future violations of the Act and Board
regulations that were the subject matter of the complaint.
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 October 4, 2007 by a vote of 4-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
