ILLINOIS POLLUTION CONTROL BOARD
May 7, 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 - NPDES)
OPINION AND 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, LTD and
Distinctive Companies, LTD (collectively “Distinctive”).
See
415 ILCS 5/31(c)(1) (2006); 35
Ill. Adm. Code 103.204. The complaint concerned Distinctive’s residential development located
at Wolf Road, one block south of 179th Street, Village of Orland Park, Cook 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 regulations.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that Distinctive violated Sections 12(b) and 12(f) of the Act, and
309.102(a) of the Board’s Water Pollution Regulations.
1
1
In the original complaint the People cited to a section of the Board’s Water Pollution
Regulations which does not exist, Section 309.202(a). The Board assumes this to be a
scrivener’s error, and the correct section to be 309.102(a), similar to Count I.
35 Ill. Adm. Code 309.102(a). The
People further 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 Distinctive 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). The Board provided notice of
the stipulation and proposal for settlement, and request for relief from hearing in the
Daily
Southtown Star
newspaper 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).
2
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposals for settlement. 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 Distinctive’s 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)). The People and Distinctive
have satisfied Section 103.302. Distinctive does not affirmatively admit the alleged violations
and agrees to pay a civil penalty of $10,000.00. The Board accepts the stipulation and proposal
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 stipulation and proposal for
settlement.
2.
Distinctive Homes, LTD and Distinctive Companies, LTD must pay a civil
penalty of $10,000.00 no later than June 8, 2009, which is the first business day
after the 30th day after the date of this order. Distinctive Homes, LTD and
Distinctive Companies, LTD must pay the civil penalty by certified check or
money order, payable to the Illinois Environmental Protection Fund. The case
number, case name, and Distinctive Homes, LTD and Distinctive Companies,
LTD’s federal employer identification numbers must be included on the certified
check or money order.
3.
Distinctive Homes, LTD and Distinctive Companies, LTD must send the certified
check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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.
Distinctive Homes, LTD and Distinctive Companies, LTD must cease and desist
from the alleged violations.
IT IS SO ORDERED.
3
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
