ILLINOIS POLLUTION CONTROL BOARD
November 15, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FIRST CHOICE CONSTRUCTION, INC.,
Respondent.
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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 (Aug. 17, 2006) (final order).
In this case, the People allege that respondent First Choice violated Sections 21(a), (e),
(p)(1), and (p)(7) of the Environmental Protection Act (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 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)).
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 Belleville News-Democrat
on October 11, 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).
2
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
First Choice’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)). The People and First Choice have
satisfied Section 103.302. First Choice admits the alleged violations and agrees to pay a civil
penalty of $2,000. 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.
First Choice, by its attorney of record, must pay a civil penalty of $2,000 no later
than Monday December 17, 2007, which is the first business day after the 30th
day after the date of this order. First Choice, by its attorney of record, must pay
the civil penalty by certified check or money order, payable to the Illinois
Environmental Protection Agency and designated to the Illinois Environmental
Protection Trust Fund. The case number, case name, and First Choice’s federal
employer identification number must be included on the certified check or money
order.
3.
First Choice, by its attorney of record, must send the certified check or money
order to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
A copy of the certified check or money order must be sent to:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 S. Second Street
Springfield, IL 62702
Melanie Jarvis
Illinois Environmental Protection Agency
Assistant Counsel
1021 North Grand Avenue East
P.O. Box 19276
3
Springfield, Illinois 62794-9276
5.
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)).
6.
First Choice 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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on November 15, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
