ILLINOIS POLLUTION CONTROL BOARD
May 7, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SUMMER RIDGE, LLC, and STARK
EXCAVATING, INC.,
Respondents.
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PCB 09-73
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On April 3, 2009, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a two-count complaint (Complaint)
1
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The complaint alleges both counts against respondent Summer Ridge, but only the first count
against respondent Stark Excavating.
against Summer Ridge, LLC, and
Stark Excavating, Inc. (collectively respondents), concerning respondents’ residential housing
area known as Summer Ridge Subdivision, located at Alta Road and Radnor Road, Peoria,
Peoria County. The parties now seek to settle without a hearing. For the reasons below, the
Board accepts the parties’ stipulation and proposal for 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 respondents violated Sections 12(a) and 12(d), of the Act,
(415 ILCS 5/12(a) and (d), (2006)), and that Summer Ridge also violated Section 12(f) of the
Act (415 ILCS 5/12(f) (2006)) and Section 309.102(a) of the Board’s Water Pollution
Regulations (35 Ill. Adm. Code 309.102(a)). The People further allege that respondents violated
the provisions of the Act and Board’s regulations by failing to provide adequate storm water
pollution controls, thereby depositing contaminants upon the land in such a place and manner so
as to create a water pollution hazard and violating Summer Ridge’s National Pollution Discharge
Elimination System permit.
On April 3, 2009, the People and respondents also filed two separate stipulations and
proposals for settlement, each 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)). These filings are authorized by
Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)). The Board provided notice of the
stipulations and proposals for settlement, and requests for relief from hearing. The Board
published newspaper notice in the
Peoria Journal Star
on April 9, 2009. 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).
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Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposals for settlement.
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 respondents’ 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. Under the proposed
stipulations, both respondents admit to the alleged violations. Respondents also agree to pay
civil penalties in the amount of $10,000.00 (Summer Ridge), and $5,000.00 (Stark Excavating).
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. Summer Ridge agrees to pay
a civil penalty of $10,000.00. Stark Excavating agrees to pay a civil penalty of $5,000.00. The
People and respondents have satisfied Section 103.302. The Board accepts the stipulations and
proposals for settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulations and proposals
for settlement.
2.
Summer Ridge, LLC must pay a civil penalty of $10,000.00 and Stark
Excavating, Inc. must pay a civil penalty of $5,000.00. The payments must be
made no later than June 8, 2009, which is the first business day after the 30th day
after the date of this order. Respondents must pay the civil penalty by certified
check or money order, payable to the Illinois Environmental Protection Trust
Fund. The case number, case name, and respondent’s federal employer
identification number must be included on each respondent’s respective certified
check or money order.
3.
Respondents must send the certified checks or money orders to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondents must send copies of the certified checks or money orders and any
transmittal letters to:
Raymond J. Callery
Environmental Bureau
Illinois Attorney General’s Office
3
500 South Second Street
Springfield, Illinois 62706
4.
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)).
5.
Respondents Summer Ridge, LLC and Stark Excavating, Inc. must cease and
desist from the alleged violations.
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);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
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;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on May 7, 2009, by a vote of 5-0.
_________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
