ILLINOIS POLLUTION CONTROL BOARD

ORDER

November 20, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

PRAIRIE MATERIAL SALES, INC., an

Illinois corporation,

Respondent.

)

PCB 08-44

(Enforcement – Water)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On February 13, 2008, the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a six-count complaint against Prairie Material Sales, Inc. (Prairie

Material). The complaint concerns Prairie Material’s concrete production facility in its Yard

1014 located at 799 South Route 53 in the Village of Addison, DuPage County (Facility). The

parties 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 Prairie Material violated Sections 12(a), (d), and (f) of the Act

(415 ILCS 12(a), (d), (f) (2006)) and Sections 304.105, 304.106, and 309.102(a) of the Board’s

water pollution regulations (35 Ill. Adm. Code 304.105, 304.106, 309.102(a)). The complaint

alleges that Prairie Material violated these provisions by (1) causing, threatening, or allowing

water pollution; (2) causing or allowing offensive discharges and discharging an effluent in

violation of a water quality standard; (3) allowing contaminants to be placed on the ground so as

to create a water pollution hazard; (4) discharging into waters of the State without a National

Pollutant Discharge Elimination System (NPDES) permit; (5) failing to obtain an NPDES

stormwater permit for construction site activities; and (6) discharging in excess of effluent limits.

On October 2, 2008, the parties 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

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

Addison Press

on October 9,

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

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. 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.

According to the proposed stipulation, Prairie Material is now known as Southfield

Corporation, an Illinois corporation (Southfield). Stipulation at 1. Further, on February 1, 2008,

VCNA Prairie Illinois Building Materials, LLC, a Delaware limited liability company (VCNA),

purchased certain assets of Southfield, including the Facility.

. at 1-2. The stipulation states

that VCNA currently engages in the batching of aggregate and cementitious materials to produce

ready-mix concrete at the Facility.

. Southfield formerly engaged in that activity at the

Facility.

. Under the proposed stipulation, the People contend that based on an April 25, 2008

inspection of the Facility by the Illinois Environmental Protection Agency (Agency), Southfield

has violated Section 12(f) of the Act (415 ILCS 5/12(f) (2006)) and 35 Ill. Adm. Code

309.102(a) by failing to comply with the terms of NPDES Permit ILR005566 and failing to

employ site stabilization practices as required by NPDES Permit ILR10H169.

. at 3. The

stipulation and proposal for settlement has been executed by the People, the Agency, Southfield,

and VCNA.

. at 12. Under the proposed stipulation, Southfield neither admits nor denies the

violations alleged in the complaint or observed by the Agency on April 25, 2008.

. at 4. The

terms of the proposed settlement require Southfield and VCNA to jointly and severally pay a

civil penalty of $55,000.

. at 7. Section 103.302 of the Board’s procedural rules (35 Ill. Adm.

Code 103.302) has been satisfied. The Board accepts the stipulation and proposed settlement.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

Southfield and VCNA must pay a total civil penalty of $55,000 no later than

December 22, 2008, which is the first business day following the 30th day after

the date of this order. Payment of the civil penalty must be 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 either Southfield’s or VCNA’s federal tax identification number, as

applicable, must appear on the face of the certified check or the money order.

Payment of the civil penalty must be submitted to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

A copy of the certified check or money order and any transmittal letter must be

sent to:

Rebecca A. Burlingham

Supervising Attorney

Environmental Bureau

69 W. Washington St., 18th Floor

Chicago, Illinois 60602

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)).

VCNA 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);

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;

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on November 20, 2008, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board