ILLINOIS POLLUTION CONTROL BOARD

April 2, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

CARRI SCHARF MATERIALS COMPANY

d/b/a FARMDALE SAND & GRAVEL PIT,

an Illinois corporation,

Respondent.

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PCB 08-62

(Enforcement - Water)

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

On April 7, 2008, the Office of the Attorney General, on behalf of the People of the State

of Illinois (People), filed a three-count complaint against Carri Scharf Materials Company, d/b/a

Farmdale Sand and Gravel Pit (Farmdale).

See

415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code

103.204. The complaint concerns Farmdale’s sand and gravel facility located in East Peoria,

Tazewell County. 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 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 Farmdale violated Sections 12(a), 12(d), and 12(f) of the Act

(415 ILCS 5/12(a), (d), and (f) (2006)), and Sections 309.102(a) and 404.101(a)(1) of the

Board’s Water Pollution Regulations. 35 Ill. Adm. Code 309.102(a), and 404.101(a)(1). The

People allege that Farmdale violated these provisions by depositing contaminants upon the land

in such place and manner as to create a water pollution hazard (Count I); by causing or allowing

the discharge of waste water and storm water without an National Pollutant Discharge

Elimination System (NPDES) permit (Count II); and, by causing or allowing the discharge of

waste water into the receiving stream without an NPDES permit (Count III).

On March 19, 2009, the People and Farmdale filed a stipulation and proposal for

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

stipulation, Farmdale neither admits nor denies the alleged violations and agrees to pay a civil

penalty of $7,000.00.

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

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