ILLINOIS POLLUTION CONTROL BOARD

April 16, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

LEWIS DEVELOPMENT, LLC,

an Illinois limited liability corporation,

Respondent.

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PCB 09-20

(Enforcement - Water)

ORDER OF THE BOARD (by G.L. Blankenship):

On September 30, 2008, the Office of the Attorney General, on behalf of the People of

the State of Illinois (People), filed a two-count complaint against Lewis Development, LLC

(Lewis).

See

415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint concerns

Lewis’ residential housing development, located at the end of Ancient Oaks Drive on the

northwest side of Peoria. 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, 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 Lews violated Sections 12(a) and 12(f) of the Act (415 ILCS

5/12(a) and (f) (2006)), and Section 309.102(a) of the Board’s Water Pollution Regulations. 35

Ill. Adm. Code 309.102(a). The People allege that Lewis violated these provisions by failing to

maintain adequate erosion control measures at the site and by causing the discharge of

contaminants into waters of the state without a National Pollution Discharge Elimination System

permit.

On April 13, 2009, the People and Lewis 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, Lewis

neither admits nor denies the alleged violations and agrees 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 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

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.

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