ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FULFORD CONSTRUCTION, INC.,
    Respondent.
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    PCB 06-80
    (Enforcement – Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 21, 2005, the Attorney General, on her own motion and at the request of
    the Illinois Environmental Protection Agency (People), filed a two-count complaint against
    Fulford Construction, Inc. (respondent).
    See
    415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code
    103.204. The complaint concerns a residential subdivision developed by respondent and known
    as Woodfield Estates Subdivision, located in the Village of Shiloh, St. Clair County. The parties
    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 violated Sections 12(b) and 12(f) of the
    Act (415 ILCS 5/12(b), 12(f) (2006)) and 35 Ill. Adm. Code 309.102(a) and 309.202(a) of the
    Board’s regulations. The People further allege that respondent violated these provisions by
    causing or allowing or threatening the discharge of contaminants into waters of the State without
    a National Pollutant Discharge Elimination System (NPDES) permit and failing to obtain a
    construction permit from the Illinois Environmental Protection Agency prior to connecting single
    family lot aeration units to a storm sewer system.
    On January 9, 2008, the People and respondent 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). Under the proposed stipulation, respondent
    does not affirmatively admit 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
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    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 January 24, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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