ILLINOIS POLLUTION CONTROL BOARD

ORDER

August 21, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

FARMERS & TRADERS BANCSHARES,

INC., an Illinois corporation, and PEDRIANA

GUSTAFSON, INC., an Illinois corporation,

Respondents.

)

PCB 08-98

(Enforcement - Water)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On June 16, 2008, the Office of the Attorney General, on behalf of the People of the State

of Illinois (People), filed a three-count complaint Farmers & Traders Bancshares, Inc. and

Pedriana Gustafson, Inc. (respondents). The complaint concerns respondents’ construction

activities on an 8.26-acre parcel of land located on the northeast corner of Illinois Route 23 and

U.S. Route 30 in Waterman, DeKalb 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 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), (d), and (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 or allowing the discharge of contaminants in such a manner as to cause

or tend to cause water pollution in Somonauk Creek; (2) depositing contaminants upon the land

in such place and manner so as to create a water pollution hazard; and (3) violating the terms and

conditions of the National Pollutant Discharge Elimination System (NPDES) general permit.

On July 14, 2008, the People and respondents filed a stipulation and proposed settlement.

On July 16, 2008, the People and respondents filed 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). The

Board provided notice of the stipulation, proposed settlement, and request for relief. The

newspaper notice was published in the

DeKalb Daily Chronicle

on July 24, 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 respondents’ 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 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. Under the proposed stipulation, respondents admit the

alleged violations and each agrees to pay a civil penalty of $7,500, for a total penalty of $15,000.

The People and respondents 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

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

Farmers & Traders Bancshares, Inc. must pay a civil penalty of $7,500 and

Pedriana Gustafson, Inc. must pay a civil penalty of $7,500. Each respondent’s

payment is due no later than September 22, 2008, which is the first business day

following the 30th day after the date of this order. Respondents must pay the civil

penalties 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 each respondent’s Federal Employer

Identification Number must appear on the face of the respective certified check or

money order.

Respondents must submit payment of the civil penalties to:

Illinois Environmental Protection Agency

Fiscal Services

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Each respondent must send a copy of the certified check or money order and any

transmittal letter to:

Vanessa Cordonnier

Assistant Attorney General

Illinois Attorney General's Office

69 W. Washington, Suite 1800

Chicago, Illinois 60602

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)).

Respondents 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);

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 August 21, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board