ILLINOIS POLLUTION CONTROL BOARD

ORDER

February 21, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

FULFORD CONSTRUCTION, INC.,

Respondent.

)

PCB 06-80

(Enforcement - Water)

OPINION AND 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). 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 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 Sections 12(b) and (f) of the Act (415

ILCS 5/12(b), (f) (2006)) and 35 Ill. Adm. Code 309.102(a) and 309.202(a) of the Board’s

regulations. According to the complaint, 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). The Board provided notice of the stipulation,

proposed settlement, and request for relief. The newspaper notice was published in the

Belleville

News Democrat

on January 26, 2008. 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 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 two thousand dollars ($2,000.00). 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

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

Fulford Construction, Inc. must pay a civil penalty of two thousand dollars

($2,000.00) no later than March 24, 2008, which is the first business day

following the 30th day after the date of this order. Fulford Construction, Inc.

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 name, case number, and Fulford

Construction, Inc.’s Federal Employer Identification Number must appear on the

face of the certified check or money order.

Fulford Construction, Inc. 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

Fulford Construction, Inc. must send copies of the certified check or money order

and any transmittal letter to:

Peggy Kingen

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62702

Joey Logan-Wilkey

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

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)).

Fulford Construction, Inc. must cease and desist from future violations of the

Environmental Protection Act and Board regulations that were the subject 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);

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;

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

Board adopted the above opinion and order on February 21, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board