ILLINOIS POLLUTION CONTROL BOARD

ORDER

July 10, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

LAKE ARLANN DRAINAGE DISTRICT,

an Illinois drainage district, COCHRAN &

WILKEN, INC., an Illinois corporation, and

SOUTHWIND CONSTRUCTION CORP.,

an Indiana corporation,

Respondents.

)

PCB 07-32

(Enforcement - Water)

OPINION AND 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 accepts the parties’ respective stipulations and

proposed settlements.

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), (f), and 21(a)

of the Act (415 ILCS 5/12(a), (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

In a separate order issued today in this docket, the Board directs the Clerk to cause notice of the

stipulation, proposed settlement, and request for relief from the hearing requirement filed by the

People and Southwind on June 25, 2008.

See

People v. Southwind Construction Corp.

, PCB 07-

32 (July 10, 2008).

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.

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 requ est 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 stipulations, proposed settlements, and requests for relief. The

newspaper notice was published in the

Pekin Daily Times

on June 4, 2008. The Board did not

receive any requests for hearing. The Board grants the parties’ respective requests 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 a 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. The stipulations also

address the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate or

aggravate the civil penalty amount. The District does not affirmatively admit the alleged

violations but agrees to pay a civil penalty of $15,000. CWI does not affirmatively admit the

alleged violations but agrees to pay a civil penalty of $20,000. The People, the District, and

CWI have satisfied Section 103.302. The Board accepts both stipulations and proposed

settlements.

This opinion constitutes the Board’s findings of fact and conclusions of law with respect

to the District and CWI.

ORDER

The Board accepts and incorporates by reference both stipulations and proposed

settlements.

The District must pay a civil penalty of $15,000 no later than August 11, 2008,

which is the first business day following the 30th day after the date of this order.

CWI must pay a civil penalty of $20,000 no later than August 11, 2008, which is

the first business day following the 30th day after the date of this order.

The case against Southwind continues.

See

n.1 above. However, as the Board today accepts

the stipulations and proposed settlements involving the District and CWI, the caption of

subsequent orders issued in this docket will not include the District or CWI.

The District and CWI each must pay the specified civil penalty in the manner

provided in the respective settlements, payable to the Illinois Environmental

Protection Agency, designated to the Illinois Environmental Protection Trust

Fund. The case name, case number and that respondent’s federal employer

identification number must be included on, as applicable, the certified check,

money order, or electronic funds transfer.

The District and CWI must submit the respective civil penalty payments to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

The District and CWI each must send a copy of, as applicable, the certified check,

money order, or record of electronic funds transfer and any transmittal letter to:

Michael D. Mankowski

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62702

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)).

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 July 10, 2008 by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board