ILLINOIS POLLUTION CONTROL BOARD
    September 30, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ADVANTAGE NATIONAL BANCORP,
    INC., an Illinois corporation, and VACALA
    CONSTRUCTION, INC., an Illinois
    corporation,
    Respondents.
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    PCB 08-92
    (Enforcement – Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 28, 2008, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Advantage National Bancorp, Inc. and
    Vacala Construction, Inc. (respondents). The complaint concerns respondents’ construction
    activities at 165 West Lake Street in Bloomingdale, DuPage County. The People and
    respondents now seek to settle without a hearing. For the reasons below, the Board directs the
    Clerk to provide public notice of the 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), (d), and (f) of
    the Act (415 ILCS 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) by causing or tending to cause water pollution by causing or allowing the
    discharge of contaminants from construction activities into Spring 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 September 25, 2008, the People and respondents filed a stipulation and 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, each
    respondent admits the alleged violations and agrees to pay a civil penalty of $10,000, for a total
    civil penalty of $20,000.
    2
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    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 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 September 30, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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