ILLINOIS POLLUTION CONTROL BOARD
November 5, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
WASHINGTON TRAILS EDGE, LLC,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 07-104
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On April 19, 2007, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against Washington Trails Edge, LLC
(Washington Trails). The complaint concerns Washington Trails’ multi-section subdivision
under construction called “Trails Edge Subdivision,” located west of Dallas Road in Washington,
Tazewell County. The People and Washington Trails 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 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 Washington Trails violated Sections 12(a), (d), and (f) of the
Act (415 ILCS 12(a), (d), (f) (2006)) by (1) causing, threatening, or allowing the discharge of a
contaminant into waters of the State in violation of its National Pollutant Discharge Elimination
System (NPDES) permit; (2) causing, allowing, or threatening to cause water pollution, and by
violating the water quality standard of Section 302.203 of the Board’s water pollution regulations
(35 Ill. Adm. Code 302.203); and (3) depositing a contaminant upon the land in such place and
manner so as to create a water pollution hazard.
On September 18, 2008, the People and Washington Trails 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). The Board provided notice of the
stipulation, proposed settlement, and request for relief. The newspaper notice was published in
the
Washington Courier
on October 1, 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
2
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of respondent’s 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. Washington Trails does
not affirmatively admit 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. Washington Trails agrees to pay a civil penalty of $21,000. The People and
Washington Trails 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
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Washington Trails must pay a civil penalty of $21,000 no later than December 5,
2008, which is the 30th day after the date of this order. Washington Trails must
pay the civil penalty 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 Washington Trails’
federal tax identification number must appear on the face of the certified check or
the money order.
3.
Washington Trails must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Washington Trails must send a copy of the certified check or money order and
any transmittal letter to:
Michael D. Mankowski
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
4.
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)).
3
5.
Washington Trails must cease and desist from future violations of the
Environmental Protection Act and Board regulations that were the subject matter
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);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
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;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on November 5, 2008, by a vote of04-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
