ILLINOIS POLLUTION CONTROL BOARD
    September 30, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LENZINI EXCAVATING COMPANY, an
    Illinois corporation,
    Respondent.
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    PCB 09-8
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 28, 2008, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a five-count complaint against Red Seal Development Corporation
    (Red Seal) and Lenzini Excavating Company (Lenzini) (collectively respondents).
    1
    The
    complaint concerns respondents’ construction activities on an approximately 14.24-acre parcel of
    land known as “Deer Park Estates,” located at the intersection of Long Grove Road and Quentin
    Road in Deer Park, Lake County. In a separate stipulation, the People and Lenzini now seek to
    settle without a hearing. Red Seal is not a party to this stipulation.
    2
    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 Lenzini violated Section 12(a) and (d) of the Act
    (415 ILCS 5/12(a), (d) (2006)) and Section 302.203 of the Board’s water pollution regulations
    (35 Ill. Adm. Code 302.203). The People further allege that Lenzini violated these provisions by
    (1) causing, threatening, or allowing the discharge of contaminants so as to cause or tend to
    cause water pollution in surrounding wetlands and an unnamed tributary of Buffalo Creek; (2)
    causing, threatening, or allowing the discharge of contaminants that caused unnatural color and
    turbidity in surrounding wetlands and an unnamed tributary of Buffalo Creek; and (3) creating a
    1
    Counts I through III of the complaint were alleged against both respondents while counts IV
    and V were alleged against only Red Seal.
    2
    The caption of this order does not include Red Seal. In a separate order issued today in this
    docket, the Board granted a motion for hearing relief and accepted the stipulation and proposed
    settlement involving Red Seal.
    See
    People v. Red Seal Development Corp. and Lenzini
    Excavating Co., PCB 09-8 (Sept. 30, 2008). On August 7, 2008, the People and Red Seal filed a
    stipulation, proposed settlement, and request for relief from the hearing requirement. Lenzini is
    not a party to that stipulation.
    2
    water pollution hazard by depositing contaminants in such place and manner that they were
    likely to be carried by stormwater runoff into surrounding wetlands and an unnamed tributary of
    Buffalo Creek.
    On September 18, 2008, the People and Lenzini 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, Lenzini
    neither admits nor denies the alleged violations but agrees to pay a civil penalty in the amount of
    $10,000.
    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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