ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ROCKFORD BLACKTOP CONSTRUCTION
    CO., an Illinois corporation, and WESTLAKE
    UTILITIES, INC.,
    Respondents.
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    PCB 09-11
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 4, 2008, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against Rockford Blacktop Construction
    Co. (Rockford Blacktop) and Westlake Utilities Inc. (Westlake) (collectively respondents). The
    complaint concerns respondents’ construction activities at a wastewater lagoon-type treatment
    plant (“WWTP”) located in Winnebago County. In two separate stipulations, Rockford Blacktop
    and Westlake now seek to settle with the People without a hearing. For the reasons below, the
    Board accepts the complaint as meeting the content requirements of the Board’s procedural rules.
    See
    35 Ill. Adm. Cod 103.204(c), (f). Additionally, the Board further 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(d) and
    12(f) of the Act (415 ILCS 5/12(a), (d), (f) (2006)), and Section 309.102(a) of the Board’s water
    pollution regulations (35 Ill. Adm. Code 309.102(a)). The People allege that respondents
    violated these provisions by (1) causing, threatening or allowing the discharge of sediment into
    the environment so as to cause or tend to cause water pollution in Illinois; (2) creating a water
    pollution hazard by causing or allowing sediment to be deposited on land at the WWTP without
    taking measures to prevent sediment from entering into Coolidge Creek, a tributary to the
    Pecatonica River; and (3) causing or allowing ten acres of land at the WTTP to be disturbed
    without first obtaining coverage under a National Pollutant Discharge Elimination System
    (NPDES) general storm water permit. The Board accepts the complaint.
    See
    35 Ill. Adm. Code
    103.204.
    On August 4, 2008, the People also filed two stipulations and proposed settlements, one
    with Rockford Blacktop and one with Westlake, 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
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    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 Rockford Blacktop,
    Rockford Blacktop neither admits nor denies the alleged violations but agrees to pay a civil
    penalty of $10,500. Under the proposed stipulation between the People and Westlake, Westlake
    does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $12,000.
    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 August 7, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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