ILLINOIS POLLUTION CONTROL BOARD
May 15, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FIRST COUNTRY HOMES, LLC, an Illinois
limited liability company,
Respondent.
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PCB 06-173
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 16, 2006, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a two-count complaint against First Country Homes, LLC (respondent).
The complaint concerns respondent’s residential development known as “Country Meadows –
Phase 8” in Monee, Will 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(a), (b), and (f) of the Act (415
ILCS 5/12(a), (b), (f) (2006)) and 35 Ill. Adm. Code 309.102(a) and 309.202(a) by (1) failing to
obtain a sewer construction permit before installing a sanitary sewer system; and (2) threatening
to allow or allowing stormwater discharges without first obtaining a National Pollutant
Discharge Elimination System (NPDES) stormwater permit.
On February 11, 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
Monee
Monitor
on April 17, 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
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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 $30,000. 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
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
First Country Homes, LLC must pay a civil penalty of $30,000 no later than June
16, 2008, which is the first business day following the 30th day after the date of
this order. First Country Homes, LLC 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 First Country Homes, LLC’s Federal Employer Identification
Number must appear on the face of the certified check or money order.
3.
First Country Homes, LLC 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
First Country Homes, LLC must send copies of the certified check or money
order and any transmittal letter to:
George D. Theophilos
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
James Day
Assistant Counsel
Illinois Environmental Protection Agency
500 South Second Street
Springfield, Illinois 62702
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4.
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)).
5.
First Country Homes, LLC 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);
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 May 15, 2008, by a vote of 4-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
