ILLINOIS POLLUTION CONTROL BOARD
April 16, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FELKER PHARMACY, INC. and ROD
BENNETT CONSTRUCTION, INC.,
Respondents.
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PCB 08-17
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On August 20, 2007, the People of the State of Illinois by the Attorney General, on her
own motion and at the request of Illinois Environmental Protection Agency (People), filed a
three-count complaint against Felker Pharmacy, Inc. (Felker) and Rod Bennett Construction, Inc.
(Bennett) (collectively, respondents).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code
103.204. The complaint concerns the Synder Pharmacy site located at Galena Avenue and
Everett Street, Dixon, Lee County. The parties now seek to settle without a hearing. For the
reasons below, the Board accepts the complaint as meeting the applicable content requirements
of the Board’s procedural rules.
See
35 Ill. Adm. Code 103.204. The Board further 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 respondent violated 415 ILCS 5/12(a), 5/12(d), 5/12(f) (2006)
and 35 Ill. Adm. Code 309.102(a)
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The People further allege that respondents violated these
provisions by causing, threatening, or allowing water pollution, creating a water pollution hazard,
and failure to obtain a National Pollutant Discharge Elimination System permit.
On April 2, 2009, 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)), 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, respondents neither
admit nor deny the alleged violations and agree to pay a civil penalty of $7,500.00.
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
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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on April 16, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
