ILLINOIS POLLUTION CONTROL BOARD

September 3, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

ILLINOIS VALLEY PAVING COMPANY,

INC.,

Respondent.

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PCB 09-40

(Enforcement – Water)

ORDER OF THE BOARD (by T.E. Johnson):

On December 17, 2008

the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a three-count complaint against Illinois Valley Paving Company

(IVPC). The complaint concerns IVPC’s temporary concrete batch plant located at the

intersection of I-74 and I-474 west of Peoria, Peoria County. 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, proposed settlement, and request for relief from the hearing requirement.

Under the Environmental Protection Act (Act)

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(415 ILCS 5 (2008)), the Attorney

General and the State’s Attorneys may bring actions before the Board to enforce Illinois’

environmental requirements on behalf of the People.

See

415 ILCS 5/31 (2008); 35 Ill. Adm.

Code 103. In this case, the People allege that IVPC violated Sections 12(a), 12(d), and 12(f) of

the Act (415 ILCS 5/12(a), (d), (f) (2008)) and Section 302.203 of the Board’s regulations. 35

Ill. Adm. Code 302.203.

Specifically, the People allege that IVPC violated the provisions of the Act and the

Board’s regulations by discharging contaminant-laden storm water into Kickapoo Creek via an

unnamed tributary (Count I); by creating a water pollution hazard by depositing concrete wastes

and residues upon the land without the protection of adequate erosion controls (Count II); and by

violating the terms of National Pollutant Discharge Elimination System (NPDES) Permit number

ILR006436 (Count III).

On August 20, 2009, the People and IVPC filed a stipulation and proposed settlement

(Prop.), accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of

the Act (415 ILCS 5/31(c)(1) (2008)). The stipulation and proposal for settlement does not

include Count II, but instead presents Count III as though it were the second of two counts.

See

Prop. at 3. This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2008)),

which requires that the public have an opportunity to request a hearing whenever the State and a

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All citations to the Act will be to the 2008 compiled statutes because the provisions at issue

have not been substantively amended in the 2008 compiled statutes.

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