ILLINOIS POLLUTION CONTROL BOARD
June 4, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PRAEDIUM DEVELOPMENT
CORPORATION, an Illinois corporation, and
PLAZA EXCAVATING, INC., an Illinois
corporation,
Respondent.
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PCB 09-03
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On July 8, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a five- count complaint against Praedium Development Corporation
(Praedium) and Plaza Excavating, Inc., (Plaza), two Illinois corporations (collectively,
respondents).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint
concerns Praedium’s ten acre parcel of land, known as the “Town Center Promenade,” located at
the northwest intersection of Long Grove Road and Route 12, in Deer Park, Lake County. The
People allege that Respondents violated Sections 12(a), 12(b), 12(d), and 12(f) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a), (b), (d), and (f) (2006)), and Sections
302.203, 309.102(a) and 309.202(a) of the Board’s Water Pollution Regulations (35 Ill. Adm.
Code 302.203, 309.102(a), 309.202(a)).
The People allege that respondents violated these provisions by (1) causing, threatening
or allowing water pollution by engaging in construction activities which resulted in sediment-
laden storm water flowing into a tributary of Buffalo Creek and onto adjacent wetlands, (2)
causing, threatening or allowing a violation of water quality standards by creating offensive
conditions, (3) creating a water pollution hazard, (4) failing to implement and comply with the
stormwater pollution prevention plan, in violation of Part IV of the General Stormwater Permit,
and (5) causing or allowing the construction and/or installation of a sanitary sewer without a
permit.
On May 21, 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)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, the
respondents neither admit nor deny the alleged violations but agree to pay a civil penalty of
$40,000.
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Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed 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.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on June 4, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
