ILLINOIS POLLUTION CONTROL BOARD
    November 5, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ILLINOIS VALLEY PAVING COMPANY,
    INC., an Illinois corporation,
    Respondent.
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    PCB 09-40
    (Enforcement - Water)
    OPINION AND 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,
    Inc. (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. In addition, on October 14, 2009, the People filed a motion (Mot.) to
    voluntarily dismiss count II of the complaint. For the reasons below, the Board grants the
    People’s motion to dismiss and 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 IVPC violated (1) Section 12(a) of the Act (415 ILCS 5/12(a)
    (2008)) and Section 302.203 of the Board’s water pollution regulations (35 Ill. Adm. Code
    302.203) by discharging contaminant-laden stormwater runoff into Kickapoo Creek via an
    unnamed tributary (count I); (2) Section 12(d) of the Act (415 ILCS 5/12(d) (2008)) 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 (3) Section 12(f) of the Act (415 ILCS
    5/12(f) (2008)) 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)). 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).
    1
    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.
    2
    The stipulation and proposal for settlement did not include count II from the complaint,
    but instead presented count III as though it were the second of two counts. Prop. at 3. On
    October 14, 2009, the People filed a motion for voluntary dismissal of count II, the alleged
    violations of Section 12(d) of the Act (415 ILCS 5/12(d) (2008)). Mot. at 1. The People
    represent that IVPC entered into the settlement agreement with the People for counts I and III of
    the complaint.
    Id
    . Further, the People have elected to withdraw the allegations related to count
    II of the complaint “in light of the settlement on the other violations.”
    Id
    . Accordingly, the
    People ask the Board to “enter an order of voluntary dismissal for Count II without prejudice in
    this cause, thus leaving the remaining Counts I and III in the original Complaint as Counts I and
    II, in agreement with the Stipulation and Proposal for Settlement that has been entered before the
    Board.”
    Id
    . at 2. IVPC did not file any response to the People’s motion and therefore waives
    any objection to the Board granting the motion.
    See
    35 Ill. Adm. Code 101.500(d). The Board
    grants the People’s motion for voluntary dismissal of the alleged violations of Section 12(d) of
    the Act without prejudice.
    The Board provided notice of the stipulation, proposed settlement, and request for relief.
    The newspaper notice was published in the
    Peoria Journal Star
    on August 22, 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) (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 IVPC’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. IVPC neither admits nor
    denies 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.
    IVPC agrees to pay a civil penalty of $15,200. The People and IVPC 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.
    IVPC must pay a civil penalty of $15,200 no later than December 7, 2009, which
    is the first business day following the 30th day after the date of this order. IVPC
    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 IVPC’s federal tax
    identification number must appear on the face of the certified check or money
    order.
    3
    3.
    IVPC 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
    IVPC 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
    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.
    IVPC 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 November 5, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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