ILLINOIS POLLUTION CONTROL BOARD
    November 5, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ALDEN BENNETT CONSTRUCTION
    COMPANY, INC., an Illinois corporation, and
    BLOOMINGDALE HORIZON I LIMITED
    PARTNERSHIP, a registered Illinois limited
    partnership
    Respondents.
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    PCB 09-5
    (Enforcement - Water)
    ORDER OF THE BOARD (by A.S. Moore):
    On July 14, 2008, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Alden Bennett Construction Company, Inc. (Alden
    Bennett) and Bloomingdale Horizon I Limited Partnership (Bloomingdale Horizon I)
    (collectively, respondents).
    See
    415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The
    complaint concerns a site at 160 West Lake Street, Bloomingdale, DuPage County, which was
    owned by Bloomingdale Horizon I and at which Alden Bennett acted as general contractor in the
    construction of a senior living facility. The parties now seek to settle without a hearing. For the
    reasons below, the Board directs the Clerk to provide public notice of the parties’ 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). In this case, the
    People allege that respondents violated Sections 12(a), 12(d), and 12(f) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 12(d), 12(f) (2006)), Section 309.102(a) of the Board’s
    water pollution regulations (35 Ill. Adm. Code 309.102(a)), and the requirements of National
    Pollutant Discharge Elimination System (NPDES) Permit No. ILR10E858. The People further
    allege that respondents violated these provisions by causing or allowing the discharge of
    contaminants in such a manner as to cause or tend to cause water pollution, depositing
    contaminants upon the land in such place and manner so as to create a water pollution hazard,
    and violating the terms of an NPDES permit.
    On October 29, 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)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
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    stipulation, the respondents admit the alleged violations and agree to pay a civil penalty of
    $12,000.
    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. 415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on November 5, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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