ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LAKE ARLANN DRAINAGE DISTRICT,
    an Illinois drainage district, COCHRAN &
    WILKEN, INC., an Illinois corporation, and
    SOUTHWIND CONSTRUCTION CORP.,
    an Indiana corporation,
    Respondents.
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    PCB 07-32
    (Enforcement - Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 1, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Lake Arlann Drainage District
    (District), Cochran & Wilken, Inc. (CWI), and Southwind Construction Corp. (Southwind)
    (collectively respondents). The complaint concerns alleged violations resulting from a dredging
    operation to remove approximately 330,000 cubic yards of accumulated sedimentation and
    siltation from Lake Arlann, Pekin, Tazewell County. In two separate stipulations, the District
    and CWI now seek to settle with the People without a hearing. Southwind is not a party to either
    stipulation. For the reasons below, the Board directs the Clerk to provide public notice of the
    two stipulations, proposed settlements, and requests 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 respondents violated Sections 12(a), 12(f), and
    21(a) of the Act (415 ILCS 5/12(a), 12(f), 21(a) (2006)) and Sections 302.203, 304.124(a),
    305.102(b), 309.102(a), and 309.146(a) of the Boards water pollution regulations (35 Ill. Adm.
    Code 302.203, 304.124(a), 305.102(b), 309.102(a), 309.146(a)). The People further allege that
    respondents violated these provisions by (1) causing, allowing, or threatening the discharge of
    suspended solids, silt, sediment, and other contaminants to waters of the State so as to cause or
    tend to cause water pollution; (2) causing or allowing discharges of total suspended solids in
    excess of permitted and generally applicable effluent limits; (3) failing to monitor effluent and
    timely submit effluent sampling reports as required by the Districts’ National Pollutant
    Discharge Elimination System (NPDES) permit; and (4) failing to maintain a storm water
    pollution prevention plan, implement the required storm water erosion controls and interim
    stabilization controls, and conduct the necessary inspections of storm water controls.
    2
    On May 16, 2008, the People filed two stipulations and proposed settlements, one with
    the District and one with CWI, each 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)). These filings are
    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 between the People and the District, the District does not
    affirmatively admit the alleged violations but agrees to pay a civil penalty of $15,000. Under the
    proposed stipulation between the People and CWI, CWI does not affirmatively admit the alleged
    violations but agrees to pay a civil penalty of $20,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of
    each 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 respective 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 June 5, 2008 by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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