ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LARRY BIELFELDT,
    Respondent.
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    PCB 06-192
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 29, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a two-count complaint against Larry Bielfeldt (respondent).
    See
    415
    ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint concerns respondent’s 32.2-
    acre Sherwood Lake Subdivision residential home development in Section 29, Township 23
    north, Range 3 east of the Third Principal meridian in McLean County. The People and
    respondent 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 respondent violated Sections 12(a) and (f) of the
    Act (415 ILCS 5/12(a), (f) (2006)) and 35 Ill. Adm. Code 302.203 and 309.102(a). The People
    further allege that respondent violated these provisions by (1) causing, allowing, or threatening
    the discharge of contaminants into waters of the State; (2) failing to maintain adequate site
    erosion controls to prevent stormwater discharges into a tributary of Kickapoo Creek; (3) causing
    or allowing the discharge of silt from the site into waters of the State; (4) causing or threatening
    to cause water pollution; and (5) violating a water quality standard.
    On October 6, 2008, the People and respondent 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, respondent
    does not affirmatively admit the alleged violations but agrees to pay a civil penalty of $12,500.
    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
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    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 October 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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