ILLINOIS POLLUTION CONTROL BOARD
April 3, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RANCHO AMIGO, LLC, an Illinois limited
liability company,
Respondent.
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PCB 08-46
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 19, 2008, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one-count complaint against Rancho Amigo, LLC, an Illinois
limited liability company (Rancho Amigo). The complaint concerns Rancho Amigo’s
construction of an off-road vehicle riding facility in Pleasant Valley Township, rural Jo Daviess
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 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 Rancho Amigo violated Sections 12(a), (d), and (f)
of the Act (415 ILCS 5/12(a), (d), (f), (2006)) and Section 309.102(a) of the Board’s water
pollution regulations (35 Ill. Adm. Code 309.102(a)). The People allege that Rancho Amigo
violated these provisions by threatening the discharge of a contaminant in a manner that would
tend to cause water pollution; by depositing a contaminant on the land so as to create a water
pollution hazard; and by threatening the discharge of a contaminant into the waters of the State
without a National Pollutant Discharge Elimination System (NPDES) permit.
On February 19, 2008, the People and Rancho Amigo also 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
Galena Gazette
on February 27, 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
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include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Rancho Amigo’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. Rancho Amigo admits
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. Rancho
Amigo agrees to pay a civil penalty of $5,000. The People and Rancho Amigo 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.
Rancho Amigo must pay a civil penalty of $5,000 no later than May 5, 2008,
which is the first business day following the 30th day after the date of this order.
Rancho Amigo 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 Rancho
Amigo’s Federal Employer Identification Number must appear on the certified
check or money order.
3.
Rancho Amigo must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Rancho Amigo must send a copy of the certified check or money order and any
transmittal letter to:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the 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)).
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5.
Rancho Amigo 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 April 3, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
