ILLINOIS POLLUTION CONTROL BOARD

ORDER

September 4, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

ROCKFORD BLACKTOP CONSTRUCTION

CO., an Illinois corporation, and WESTLAKE

UTILITIES, INC.,

Respondents.

)

PCB 09-11

(Enforcement - Water)

OPINION AND 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 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 on behalf of the People to

enforce Illinois’ environmental requirements.

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 WWTP to be disturbed

without first obtaining coverage under a National Pollutant Discharge Elimination System

(NPDES) general storm water permit.

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

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 stipulations, proposed settlements, and

requests for relief. The newspaper notice was published in the

Rockford Register Star

on August

8, 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 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. Rockford Blacktop neither admits nor denies the alleged

violations but agrees to pay a civil penalty of $10,500. Westlake does not affirmatively admit

the alleged violations but agrees to pay a civil penalty of $12,000. The People, Rockford

Blacktop, and Westlake have satisfied Section 103.302. The Board accepts the two stipulations

and proposed settlements.

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

ORDER

The Board accepts and incorporates by reference both stipulations and proposed

settlements.

Rockford Blacktop must pay a civil penalty of $10,500 no later than October 6,

2008, which is first business day following the 30th day after the date of this

order.

Westlake must pay a civil penalty of $12,000 no later than October 6, 2008,

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

Rockford Blacktop and Westlake 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 Tax Identification Number must be included on, as applicable, the

certified check or money order.

Rockford Blacktop and Westlake must submit the respective civil penalties to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Rockford Blacktop and Westlake each must send a copy of, as applicable, the

certified check or money order and any transmittal letter to:

Vanessa A. Vail

Assistant Attorney General

Environmental Bureau

69 W. Washington St., 18th Floor

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)).

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 September 4, 2008, by a vote of 4-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board