ILLINOIS POLLUTION CONTROL BOARD
June 7, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROGER KUBERSKI, d/b/a MOUNT
VERNON QUALITY TIMES, INC.,
Respondent.
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PCB 05-44
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On September 2, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint against Roger Kuberski, d/b/a Mount
Vernon Quality Times, Inc. (Kuberski). The complaint concerns Kuberski’s recreational vehicle
park on Illinois State Route 15 in Jefferson 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 (2004)), 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 (2004); 35 Ill. Adm. Code 103.
In this case, the People allege in count I of the complaint that Kuberski violated Section 12(f) of
the Act (415 ILCS 5/12(f) (2004)) and Section 309.104(a) of the Board’s regulations (35 Ill.
Adm. Code 309.104(a)) by causing, threatening, or allowing the discharge of contaminants into
the environment without a National Pollutant Discharge Elimination System (NPDES) permit
and by failing to apply for reissuance of an NPDES permit before its expiration. According to
count II of the complaint, Kuberski violated a special condition of the NPDES permit by failing
to submit Discharge Monitoring Reports, resulting in a violation of Section 12(f) of the Act.
Count III of the complaint alleges that Kuberski violated Section 12(f) of the Act, Sections
304.141(a) and 309.102 of the Board’s regulations (35 Ill. Adm. Code 304.141(a), 309.102), and
NPDES Permit No. IL0051063 by causing or allowing discharges of total suspended solids,
CBOD
5
, and ammonia nitrogen in excess of permitted limitations.
On May 2, 2007, the People and Kuberski 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)), 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 the
Mount
Vernon Register-News
on May 8, 2007. The Board did not receive any requests for hearing. The
2
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.
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 Kuberski’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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and
Kuberski have satisfied Section 103.302. Kuberski admits the alleged violations. The
stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)),
which may mitigate or aggravate the civil penalty amount. Kuberski agrees to pay a civil penalty
of $1,200. 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.
Kuberski must pay a civil penalty of $1,200 no later than June 18, 2007, which is
the first business day following the 10th day after the date of this order. Kuberski
must pay the civil penalty by certified check, money order, or electronic funds
transfer, payable to the Illinois Environmental Protection Agency, designated to
the Illinois Environmental Protection Trust Fund.
3.
Kuberski 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
Kuberski must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to:
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
3
Vera Herst
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 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.
Kuberski must cease and desist from future violations of the provisions of the Act
and Board regulations that were the subject matter 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) (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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on June 7, 2007, by a vote of ______________.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board