ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WILLIAM WARREN and HALLECK
    WARREN d/b/a Hickory Shores Resort, and
    HICKORY SHORES RECREATIONS, LTD.,
    an Illinois corporation,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 06-116
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 27, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against William Warren and Halleck
    Warren, doing business as Hickory Shores Resort, and against Hickory Shores Recreations, Ltd.
    (respondents). The complaint concerns respondents’ campground located one-quarter of a mile
    west and three-quarters of a mile south of the Village of Keyesport in Clinton County. The
    parties now seek to settle without a hearing. 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, the People allege that respondents violated Sections 12(a) and (f) of the
    Act (415 ILCS 5/12(a), (f) (2006)) and Sections 305.102(a) and (b) of the Board’s water
    pollution regulations (35 Ill. Adm. Code 305.102(a), (b)). The People further allege that
    respondents violated these provisions by (1) causing, allowing, or threatening the discharge of
    contaminants to waters of the State so as to cause or tend to cause water pollution or violate
    Board regulations or standards; and (2) failing to submit or timely submit sludge summary
    reports and discharge monitoring reports (DMRs).
    On July 14, 2008, the People and respondents filed a stipulation and a 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, respondents
    do not affirmatively admit the alleged violations but agree to pay a civil penalty of $3,500.
    2
    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 July 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top