ILLINOIS POLLUTION CONTROL BOARD
October 15, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DENNIS K. STIEGEMEIER, d/b/a
I.L.C. DEVELOPMENT, an Illinois
corporation,
Respondent.
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PCB 06-77
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On November 15, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a two-count complaint against Dennis K. Stiegemeier, doing
business as I.L.C. Development. (respondent). The complaint concerns respondent’s
development property at the Timberview Subdivision southwest of Staunton in Macoupin
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 (2008)),
1
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 (2008); 35 Ill. Adm. Code 103.
In this case, the People allege that respondent violated Sections 12(a), (d), and (f) of the Act (415
ILCS5/12(a), (d), (f) (2008)) and Section 309.102(a) of the Board’s water pollution regulations
(35 Ill. Adm. Code 309.102(a)). According to the complaint, respondent violated these
provisions by (1) causing or allowing the discharge of silt and other contaminants from the site
into waters of the State resulting in water pollution, and (2) discharging silt and other
contaminants from the site into waters of the State in violation of respondent’s National Pollutant
Discharge Elimination System (NPDES) permit.
On July 23, 2009, the People and respondent 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) (2008)). 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 respondent 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 Staunton
Star-Times on September 9, 2009. The Board did not receive any requests for hearing. The
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All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
been substantively amended in the 2008 compiled statutes.
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Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2008); 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
nature of respondent’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) (2008)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Respondent admits to
the alleged violations. The stipulation also addresses the factors of Section 42(h) of the Act (415
ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty amount. Respondent
agrees to pay a civil penalty of $2,500. The People and respondent 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.
Dennis K. Stiegemeier, doing business as I.L.C. Development, (respondent) must
pay a civil penalty of $2,500 no later than November 16, 2009, which is the first
business day following the 30th day after the date of this order. Respondent must
pay the civil penalty by certified check or money order payable to the Illinois
Environmental Protection Agency for deposit into the Environmental Protection
Trust Fund. The case name, case number, and respondent’s federal tax
identification number must appear on the face of the certified check or money
order.
3.
Respondent 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
Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
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4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2008)).
5.
Respondent must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject of the complaint.
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) (2008);
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 October 15, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
