ILLINOIS POLLUTION CONTROL BOARD
October 18, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FIRST CHOICE CONSTRUCTION, INC.,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 06-33
(Enforcement - Land)
ORDER OF THE BOARD (by N. J. Melas):
On September 1, 2005, the Office of the Attorney General, on behalf of the
People of the State of Illinois (People), filed a complaint against J & S Companies, Inc. (J
& S) and First Choice Construction, Inc. (First Choice) (collectively, respondents).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint results from
activities occurring between February and December 2003 during the respondents’
demolition of Lansdowne Junior High School in East St. Louis, St. Clair County. In a
final order as to J & S only, the Board assessed a $25,000 penalty against J & S, having
previously granted the People’s motion for summary judgment against J & S only.
People v. J & S Companies, Inc., and First Choice Construction, Inc., PCB 06-33 (June
29, 2006) (summary judgment order) and (August 17, 2006) (final order).
The People and First Choice now seek to settle without a hearing. For the reasons
below, the Board directs the Clerk to provide public notice of the parties’ stipulation,
proposed settlement, and request for relief from the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill.
Adm. Code 103. In this case, the People allege that respondent First Choice violated
Sections 21(a), (e), (p)(1), and (p)(7) of the Act (415 ILCS 5/21(a), (e), (p)(1), and (p)(7)
(2006)). The People further allege that First Choice violated these provisions by (1)
causing or allowing the open dumping of waste; (2) conducting a waste storage, waste
treatment, or waste disposal operation without a permit or in violation of Board
regulations; (3) disposing, treating, storing, abandoning, or transporting waste at a site
that did not meet the requirements of the Act and Board regulations; (4) causing or
allowing the open dumping of waste in a manner that resulted in litter; and (5) causing or
allowing the open dumping of waste in a manner that resulted in deposition of general
construction or demolition debris.
On October 7, 2007, the People and respondent First Choice filed a stipulation
and proposed settlement, accompanied by a request for relief from the hearing
2
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). Under the proposed stipulation, respondent First Choice admits
the alleged violations and agrees to pay a civil penalty of $2,000.
Unless the Board determines that a hearing is needed, the Board must cause notice
of the stipulation, proposed settlement, and request for relief from the hearing
requirement. Any person may file a written demand for hearing within 21 days after
receiving the notice. If anyone timely files a written demand for hearing, the Board will
deny the parties’ request for relief and hold a hearing.
See
415 ILCS 5/31(c)(2) (2006);
35 Ill. Adm. Code 103.300(b), (c). The Board directs the Clerk to provide the required
notice.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify
that the Board adopted the above order on October 18, 2007 by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
