ILLINOIS POLLUTION CONTROL BOARD

April 16, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

DISTINCTIVE HOMES, LTD., and

DISTINCTIVE COMPANIES, LTD.,

Respondents.

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PCB 08-45

(Enforcement-Water)

ORDER OF THE BOARD (by S.D. Lin):

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

State of Illinois (People), filed a two-count complaint against Distinctive Homes, LLC, and

Distinctive Companies, LLC (respondents) concerning the companies’ residential development,

known as Villas of Fountain Hills located at Wolf Road, one block south of 179th Street, in the

Village of Orland Park, Cook 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 and

proposal for 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 respondents violated Sections 12(b) and 12(f) (415 ILCS

5/12(b) and (f) (2006)) of the Act, and Sections 309.102(a) and 309.202(a) of the Board’s water

pollution rules (35 Ill. Adm. Code 309.102(a), 309.202(a)). The People allege that respondents

violated these provisions by constructing, installing, and operating a sanitary sewer at the site

without a construction permit from the Illinois Environmental Protection Agency, and by failing

to obtain a National Pollutant Discharge Elimination System (NPDES) stormwater permit for

construction site activities.

On April 3, 2009, the People and respondents 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)), 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

do not affirmatively admit the alleged violations, but agree to pay a civil penalty of $10,000.00.

Unless the Board determines that a hearing is needed, the Board must cause notice of the

stipulation and proposal for 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

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