ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BOB D. STAGNER and LINDA S.
    STAGNER, d/b/a LB’S CAMPING &
    MOBILE HOME PARK,
    Respondents.
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    PCB 06-174
    (Enforcement - Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 17, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a two-count complaint against Bob D. Stagner and Linda S. Stagner,
    doing business as LB’s Camping & Mobile Home Park (Stagners). The complaint concerns the
    Stagners’ facility known as “LB’s Camping & Mobile Home Park,” located at 5272 Peach
    Orchard Road in Sessor, Franklin 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, count I of the complaint alleges that by causing, threatening, or allowing
    the discharge of contaminants to the waters of the State so as to cause or tend to cause water
    pollution, in connection with the wastewater treatment plant and septic tank effluent, the
    Stagners violated Section 12(a) of the Act (415 ILCS 5/12(a) (2006)) and 35 Ill. Adm. Code
    302.203, 304.106, 304.120(c), and 306.304. Count II alleges that by causing, threatening, or
    allowing the discharge of contaminants into the waters of the State in violation of a National
    Pollutant Discharge Elimination System (NPDES) permit, the Stagners violated Section 12(f) of
    the Act (415 ILCS 5/12(f) (2006)) and 35 Ill. Adm. Code 304.141(a), 305.102, and 380.202(a).
    On May 9, 2008, the People and the Stagners 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, the Stagners admit
    the alleged violations and agree to pay a civil penalty of $500.
    2
    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 May 15, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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