ILLINOIS POLLUTION CONTROL BOARD
May 21, 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)
OPINION AND 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 parties’ stipulation and proposed 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 415 ILCS 5/12(a), 5/12(d), 5/12(f)
(2006) and 35 Ill. Adm. Code 309.102(a)
.
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 respondents propose settling an enforcement action without a public
hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Dixon
Telegraph
on April 10, 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).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
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
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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. 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. Respondents do not affirmatively admit the alleged
violations. Respondents agreed to pay a total civil penalty of $7,500. The People and
respondents have satisfied Section 103.302. The Board accepts the stipulation and proposed
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 proposed
settlement.
2.
Felker and Bennett must pay a civil penalty of $7,500 for the alleged violations no
later than June 22, 2009, which is first business day following 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 Agency,
designated to the Illinois Environmental Protection Trust Fund. The case name,
case number, and respondents’ Federal Tax Identification Numbers must appear
on the face of the certified check or the money order.
3.
Respondents must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondents must send a copy of the certified check or money order and any
transmittal letter to:
Stephen J. Sylvester
Environmental Bureau
Illinois Attorney General’s Office
69 W. Washington Street, #1800
Chicago, Illinois 60602
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)).
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5.
Respondents 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 21, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
