ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LAZAR BROTHERS TRUCKING, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 06-183
    (Enforcement - Water)
          
     
    OPINION AND ORDER OF THE BOARD (by A.S. Moore):
     
    On June 6, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Lazar Brothers Trucking, Inc. (Lazar).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Lazar violated
    sections 12(b) and 12(f) of the Environmental Protection Act (Act) (415 ILCS 5/12(b), 12(f)
    (2004)) and section 309.202(a) of the Board’s regulations (35 Ill. Adm. Code 309.202(a)). The
    People further allege that Lazar violated these provisions by performing small construction
    activities without applying for a National Pollutant Discharge Elimination System (NPDES)
    storm water permit and by failing to obtain a permit from the Illinois Environmental Protection
    Agency before constructing a sewer. The complaint concerns Lazar’s trucking facility located at
    91 Sola Drive, Gilberts, Kane County.
     
    On August 2, 2006, the People and Lazar 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    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
    Gilberts Journal
    on August 10, 2006. 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) (2004); 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. 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
    Lazar’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) (2004)). The People and Lazar have satisfied Section
    103.302. Lazar admits the alleged violations and agrees to pay a civil penalty of $5,500. The
    Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Lazar] must pay a civil penalty of $5,500 no later than Monday, October 23,
    2006, which is the first business day after the 30th day after the date of this order.
    Lazar must pay the civil penalty by certified check, money order, or electronic
    funds transfer payable to the Illinois Environmental Protection Agency and
    designated to the Illinois Environmental Protection Trust Fund. The case number,
    case name, and Lazar’s federal employer identification number must be included
    on the certified check or money order.
     
    3. Lazar must send the certified check, money order, or record of electronic finds
    transfer to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276.
     
    4. Lazar must send a copy of the certified check, money order, or record of
    electronic finds transfer to:
     
    Vanessa Vail
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St., 20th Floor
    Chicago, IL 60601
     
    James Day
    Assistant Counsel
    Illinois Environmental Protection Agency
    1021 N. Grand Ave. E.
    Springfield, IL 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    5. Lazar must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
     
      
     
    3
    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) (2004);
    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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on September 21, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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